Last Updated: April 4th, 2023
These Terms of Service ("Terms") govern your access to and use of the website miaseeinc.com (the "Site") and its services (collectively, the "Services") provided by MIASEEN LLC, doing business as MIASEEN Inc. ("MIASEEN," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and MIASEEN. If you do not agree to these Terms, you may not access or use the Services.
1. Paid Subscription and Fees
MIASEEN may offer paid subscriptions to access certain articles and videos on the Site. We reserve the right to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account. All previously paid fees are non-refundable.
2. User Generated Content
The Services may allow you to submit, post, or otherwise make available content, including comments, reviews, and other user-generated content ("User Content"). By submitting User Content, you grant MIASEEN a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology, whether now known or hereafter developed, for any purpose, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit, post, or otherwise make available User Content through the Services, and that such User Content does not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your User Content will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malicious code that could in any way affect the operation of the Services or any related website. MIASEEN reserves the right to remove or modify any User Content for any reason, including without limitation if we believe it violates these Terms or is otherwise objectionable.
3. Representations and Warranties; Indemnification; Limitation of Liabilities
You represent and warrant that you will use the Services in compliance with all applicable laws, regulations, and these Terms. You further represent and warrant that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You agree to indemnify, defend, and hold harmless MIASEEN and its officers, directors, employees, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or any applicable laws or regulations. MIASEEN shall have no liability for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Services or these Terms, even if MIASEEN has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you.
4. Intellectual Property
The Services, including without limitation the Site, its content, and all intellectual property rights therein, are owned by MIASEEN or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, adapt, distribute, transmit, display, or otherwise exploit any of the Services or its content without the prior written consent of MIASEEN, except as expressly authorized in these Terms.
5. Privacy
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
6. Termination
MIASEEN may terminate or suspend your access to the Services, in whole or in part, at any time and for any reason, without notice or liability to you. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.
7. Links to Third-Party Websites
The Services may contain links to third-party websites or resources that are not owned or controlled by MIASEEN. MIASEEN does not endorse or assume any responsibility for any such third-party websites or resources, and you acknowledge and agree that MIASEEN is not responsible for the availability, accuracy, content, or practices of such websites or resources. You further acknowledge and agree that MIASEEN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
8. Modification of Terms
MIASEEN reserves the right to modify or update these Terms at any time, in its sole discretion. If we make any material changes to these Terms, we will notify you by posting the revised Terms on the Site or by sending an email to the email address associated with your account. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the revised Terms.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Any dispute arising out of or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Glendale, California, and you hereby consent to the personal jurisdiction and venue of such courts.
10. Entire Agreement
These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and MIASEEN with respect to the Services and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written, relating to the Services.
11. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
12. Waiver
No waiver by MIASEEN of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MIASEEN to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without the prior written consent of MIASEEN. Any attempted assignment in violation of these Terms shall be null and void. MIASEEN may freely assign or transfer these Terms or any rights or obligations hereunder without restriction.
14. Relationship of the Parties
Nothing in these Terms shall be deemed to create a partnership, joint venture, agency, or employment relationship between you and MIASEEN. You agree that you are an independent contractor and are not an employee, agent, partner, or joint venturer of MIASEEN, and you shall not represent yourself as such.
15. Notices
All notices, requests, consents, and other communications under these Terms must be in writing and will be deemed to have been duly given when (i) delivered by hand, (ii) sent by certified or registered mail, return receipt requested, postage prepaid, (iii) sent by overnight courier with tracking, or (iv) sent by email to the address provided by you during the registration process or as updated by you thereafter. Notices to MIASEEN should be sent to contact@miaseeninc.com. You agree to receive electronic communications from MIASEEN, including but not limited to emails, newsletters, and notices, and you acknowledge and agree that such electronic communications satisfy any legal requirement that such communications be in writing.
16. Force Majeure
MIASEEN shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
17. Survival
The provisions of these Terms that by their nature should survive termination or expiration of these Terms, including but not limited to Sections 3 (User Generated Content: Submissions Including Comments, Reader Reviews and More), 4 (Representations and Warranties; Indemnification; Limitation of Liabilities), 5 (Intellectual Property), 8 (Modification of Terms), 9 (Governing Law and Jurisdiction), 10 (Entire Agreement), 11 (Severability), 12 (Waiver), and 17 (Survival), shall survive any termination or expiration of these Terms.
18. Contact Us
If you have any questions, comments, or concerns about these Terms or the Services, please contact us at contact@miaseeinc.com.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
