TERMS OF SERVICE
Last Modified on January 1, 2023
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to Miror! Your access and use of the Miror website located at www.miror.me (the
“Site”), the Miror mobile application (the
“App”) and features, products and services provided by Gjenuine, Inc. dba
Miror ( “Miror,” “we,” “us,” or
“our” ) through the Site or the App, but excluding any software, products or
services provided by Miror under a separate written agreement, (individually and collectively, the
“Service”) are subject to the terms and conditions in these Terms of Service
Please note that the Service is operated in the United States and is not available to, and should not be accessed and
used by, residents of the European Economic Area.
By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Service,
you expressly acknowledge that you have read these Terms and agree to all of its terms and conditions. You represent
and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside; or, if you
are under the age of majority in your jurisdiction of residence, you represent that a parent or legal guardian also
agrees to these Terms on your behalf.
You further agree to receive all communications, agreements and notices that we provide in connection with the
Service electronically, including by e-mail, SMS text message, or by posting them on the Site, the App or through
the Service. You agree that all communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing. You must agree to these Terms in order to use the Service, and if you do not
accept these Terms then you may not use any aspect of the Service.
These Terms contain important language governing your use of the Service. It addresses, among other things,
information about how we provide the Service, how we or you may terminate the Service, the requirements imposed on
you when managing your Account and how we handle disputes (which includes a class action waiver and binding
arbitration in most cases).
- Updates. Miror may update these Terms at any time in its sole discretion, and Miror will post the updated
version of these Terms on the Site and/or the App. You understand and agree that you will be deemed to have
accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any
point you do not agree to any portion of these Terms, you must immediately stop using the Service. If Miror
makes any material change to these Terms, we will notify you of the change, such as by sending an email to the
address associated with your Account, through a pop-up window on the App, or other similar mechanism. Disputes
arising under these Terms will be resolved in accordance with the version of these Terms in place at the time
the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest
- Provision of the Service. You are responsible for any Internet connection and telecommunications fees and
charges that you incur when accessing the Service. You acknowledge and agree that Miror may make changes to any
aspect of the Service at any time without notifying you in advance.
- Termination of Service. Miror reserves the right to deny Service to any person or entity at Miror’s sole
and absolute discretion. You acknowledge and agree that Miror may stop providing any aspect of the Service or
restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason. If
Miror disables your access to your Account, you may be prevented from accessing the Service, your Account
details or any materials contained in your Account.
- User Accounts and Security.
- User Account. To access certain aspects of the Service, you must have a user account
(an“Account”). Each user of the Service (Users") is limited to one
Account. You can create an Account by completing the registration process on the Site and/or the App. You
may be required to provide information about yourself as part of the registration process or your continued
use of the Service. You agree that any registration information that you submit to Miror will be correct,
accurate and up-to-date. You shall not: select or use as a username a name
- of another person with the intent to impersonate that person;
- subject to any rights of a person other than you with appropriate authorization; or
- that is otherwise offensive, vulgar or obscene.
- User Account Security Maintaining your Account security is very important. You are solely responsible for
maintaining the confidentiality of your Account password and for all activities that are conducted via your
Account. You agree to notify Miror immediately if you become aware of any unauthorized use of your password
or of your Account.
- User Account Sharing or Transfers. Accounts are registered to you personally and may not be transferred at
any time under any circumstances. You may not share your Account with, or disclose your password to, anyone
- Cancellation by You. You have the right to cancel your Account at any time. You may cancel your Account by
contacting us via email at email@example.com. Once you cancel your Account, your personal information
will no longer be viewable by other Users. However, content previously shared with other Users may remain
viewable by those Users until they delete such content.
- Termination by Miror. Miror may terminate your Account at any time for any reason or no reason, including
- Miror determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or
(ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to
- Miror determines it is required by law to terminate your Account; or
- Miror decides to stop providing the Service or critical portions of the Service.
- Effect of User Account Termination or Cancellation. If you voluntarily terminate your Account, you may
reactivate that Account at any time by contacting us via email at firstname.lastname@example.org. Accounts terminated
by Miror for any type of abuse including, without limitation, a violation of these Terms, may not be
reactivated for any reason.
- Brands; Products.
- Products. Miror provides an online platform that allows Users to market, promote, advertise and/or purchase
various products (“Products”) offered and sold by third-party brands
(each a “Brand”). You may be required to be over the age of 18 to
market, promote and/or advertise certain Products through your Account. If you are under the age of 18, you
agree that you will not add any such Products to your Account.
- Transactions with Brands. YOU ACKNOWLEDGE AND AGREE THAT NEITHER GJENUINE NOR ANY USER IS THE MERCHANT OF
RECORD FOR ANY PRODUCT PURCHASES MADE THROUGH THE SERVICE. EACH BRAND SHALL BE THE MERCHANT OF RECORD FOR
ANY PURCHASE OF SUCH BRANDS PRODUCTS THROUGH THE SERVICE AND YOUR PURCHASE OF ANY SUCH PRODUCT THROUGH THE
SERVICE IS A TRANSACTION BETWEEN YOU AND SUCH BRAND. IF YOU MAKE A PURCHASE THROUGH THE SERVICE, YOU AGREE
THAT YOU WILL BE BOUND BY THE APPLICABLE BRAND’S TERMS AND CONDITIONS AND ANY OTHER APPLICABLE RULES
OR POLICIES OF SUCH BRAND, INCLUDING SUCH BRAND’S RETURN, EXCHANGE AND SHIPPING POLICIES. PLEASE
REVIEW SUCH POLICIES ON THE APPLICABLE BRAND’S WEBSITE PRIOR TO MAKING YOUR PURCHASE.
- Responsibility for Orders and Products. You acknowledge and agree that the applicable Brand will be solely
responsible for fulfilling and shipping all orders of such Brand’s Products placed through the
Service, and you will look solely to the applicable Brand (and not to Miror or any other User) for any
- damage, injury, defect, error, delay, recall, warranty or other product liability claim related to such
- return, repair or replacement of, or refund for, such Products,
- customer service related to such Products, and
- any other liability, cost, expense, representation, warranty or obligation related to such Products or
any of the foregoing. You agree that neither Miror nor any other User is an agent of any Brand and that
each Brand operates independently and is not under Miror’s or any other User’s control with
respect to the Service or otherwise. Neither Miror nor any other User shall have any liability or
responsibility to you or any other third party for any Product purchased through the Service. Without
limitation of the foregoing, Miror shall not be liable with respect to the acts, omissions, errors,
representations, warranties, breaches or negligence of any Brand or any User, or for any damages or
expenses resulting from your interactions with any Brand or any User.
- Pricing; Product Information. Prices offered or displayed by Miror through the Service are subject to change
at any time without notice. No price is confirmed until the checkout process is complete. Miror further
reserves the right, with or without prior notice, to add, remove or limit the availability of any Product
through the Service. Although Miror displays information about Brands and Products and may collect payments
for such Products, such actions do not in any way constitute Miror’s sponsorship or approval of any
Brand or Product. Miror does not endorse or recommend any Brand or Product, and you agree that Miror is not
responsible for the accuracy or completeness of information displayed through the Service with respect to
such Brands or Products.
- Payment for Products. You agree to pay all charges incurred by you at the amounts in effect when such
charges are incurred. Users must provide Miror with a valid credit or debit card (Visa, MasterCard, or any
other accepted issuer) or use Apple Pay, Google Pay or any other payment or financial mechanism specified by
Miror ("Payment Provider") as a condition to making any payments. The applicable Payment Provider agreement
governs its use of the designated credit or debit card or other mechanism, and you should refer to that
agreement and not these Terms to determine its rights and liabilities. Miror uses Stripe as the third-party
service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By
Stripe to share any information and payment instructions you provide with Payment Provider(s) to the minimum
extent required to complete your transactions. All information that you provide to us or our third party
payment processors must be accurate, current and complete. You will also be responsible for paying any
applicable taxes relating to payments that you make. Miror shall have no liability or responsibility to you
or any other third party in connection with the accuracy of the Payment Provider information provided by you
or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with
- User Commission.
- Earning a User Commission. You will be entitled to receive a commission (the “User
Commission”) for each Qualified Product purchased by another User through your
Account. A “Qualified Product” means any Product purchased by another
User through your Content. Commissions and related policies are defined by the
Associates Program Operating Agreement.
- Use Requirements.
- License Grant. Subject to the terms and conditions of these Terms, Miror hereby grants you a limited,
non-exclusive, personal, non-sublicensable, non-transferable license to use the Service and to download,
install and use the App solely in connection with your use of the Service on compatible devices owned or
controlled by you, all of which may only be used in accordance with these Terms and any other rules,
restrictions or documentation set forth by Miror from time to time.
- Updates. Miror may require that you download and install updates to the App from time to time. You
acknowledge and agree that Miror may update the Service from time to time with or without notifying you, and
may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge
and agree that Miror has no obligation to make the Service available to you, make any subsequent versions of
the App and the Site available to you or to continue to support the Service in any way.
- Restrictions and Condition of Use.
- Use Restrictions. You may not create multiple Accounts. You may not purchase Products from your own Account.
In the event that you purchase Products from your own Account, you will not be entitled to receive a User
Commission for such purchase. Furthermore, you agree that you will not:
- cause, permit or authorize the modification, creation of derivative works, translation, reverse
engineering, decompiling, disassembling or hacking of the Service;
- sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without
limitation, through sublicense, to any other person or entity without the prior written consent of
- make any false, misleading or deceptive statement or representation regarding Miror or the Service;
- institute, assist, or become involved in any type of attack including, without limitation, denial of
service attacks, upon the Service (or any servers, systems or networks connected to the Service) or
otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other
person’s or entity’s use of the Service (or any servers, systems or networks connected to
- attempt to gain unauthorized access to the App, the Site, the Service, accounts registered to other
Users, or any servers, systems or networks connected to the Service;
- use the Service for any commercial purpose unless consistent with these Terms and the intended use of
- use the Service to develop, generate, transmit or store information that is defamatory, harmful,
abusive, obscene or hateful;
- use the Service to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation or commercial electronic message;
- breach any agreements you enter into with any third parties;
- use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Miror in its
- use the Service to engage in any activity that (i) constitutes harassment or a violation of privacy or
threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes
phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s
identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law,
ordinance, rule, regulation, treaty or self-regulatory guidelines (including, without limitation, the FTC Endorsement Guides);
- improperly obtain or attempt to improperly obtain any information or data from the Service including,
without limitation, email addresses or mobile phone numbers of other Users;
- intercept, examine or otherwise observe any proprietary communications protocol used by the Service,
whether through the use of a network analyzer, packet sniffer or other device; or
- use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan
horse, trap door, time bomb or any other codes, instructions or third party software that is designed to
provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble,
any aspect of the Service.
- Fraudulent Activity. We reserve the right to investigate any transactions, activity or interaction through
the Service that we believe, in our sole discretion, is abusing or has abused the Service. We reserve the
right to terminate the Account of any User that we believe, in our sole discretion, is abusing or has abused
the Service, including, without limitation, making multiple Accounts or fraudulent purchases of Products
through the Service. Any failure to comply with these Terms, any fraud or abuse, or any misrepresentation of
any information furnished to Miror by you or anyone acting on your behalf may result in the termination of
your Account. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance
with our fraud policy.
- Prohibited Persons. You hereby represent and warrant that (a) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (b) you are not listed on any U.S. Government list of
prohibited or restricted parties.
- Violation of these Terms. You may not connect to or use the Service in any way that is not expressly
permitted by these Terms. You acknowledge and agree that you are solely responsible, and Miror has no
responsibility or liability to you or any other person or entity, for any breach by you of these Terms or
for the consequences of any such breach. Miror may immediately terminate its relationship with you, or may
suspend your Account immediately if it determines you are using the Service contrary to the restrictions
found in these Terms.
- Links from the Service. The Service may contain links to websites operated by independent third parties.
Miror provides these links to other websites as a convenience and use of these websites is at your own risk.
The linked websites are not under the control of Miror and Miror is not responsible for the content
available on the other websites or services. Such links do not imply Miror’s endorsement of
information or material on any other website and Miror disclaims all liability with regard to your access to
and use of such linked websites. You understand and acknowledge that your access and use of linked websites
and the services provided through these websites is governed by the terms of service and other agreements
posted on such websites.
- Links to the Service. Unless otherwise set forth in a written agreement between you and Miror, you must
adhere to Miror’s linking policy as follows:
- the appearance, position and other aspects of any link to the App or the Site may not be such as to
damage or dilute the goodwill associated with Miror’s or its licensors’ names and
- the appearance, position and other attributes of the link may not create the false appearance that your
organization or entity is sponsored by, affiliated with, or associated with Miror; and
- when selected by a User, the link to the App or the Site must display the App or the Site on full-screen
and not within a “frame” on the linking website. Miror reserves the right to revoke its
consent to the link at any time and in its sole discretion (including any link on any social media
networking platform). Furthermore, Miror reserves the right to revoke or modify any link (including any
vanity link) to the Site, App or Service or otherwise related to your Account (including any link on any
social media networking platform).
- Intellectual Property.
- Trademarks. The Miror name and logo are trademarks and service marks of Miror. Unless permitted in a
separate written agreement with Miror, you do not have the right to use any of Miror’s trademarks,
service marks or logos and your unauthorized use of any of these may be a violation of federal and state
- Ownership. You acknowledge and agree that Miror, or its licensors, owns all right, title and interest in and
to the Service, including all intellectual property, industrial property and proprietary rights recognized
anywhere in the world at any time and that the Service is protected by United States and international
copyright laws. Further, you acknowledge that the Service may contain information that Miror has designated
as confidential and you agree not to disclose such information without Miror’s prior written consent.
- Feedback. You may choose to, or Miror may invite you to, submit comments, bug reports, ideas or other
feedback about the App, the Site, the Service or any modifications, features or improvements thereto
(“Feedback”). You agree that Miror shall own any and all Feedback and Miror shall have the right
to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to Miror all
right, title and interest that you may acquire in and to any Feedback.
- Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act and
other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of
Users who repeatedly infringe the intellectual property rights of others. If you believe that anything on
our Services infringes any copyright that you own or control, you may notify Miror as follows:
- To: Miror Copyright Agent
- Address: 1251 14th St, Santa Monica, CA 90404
- Phone number: 1 (415) 570 8679
- E-Mail Address: email@example.com
- Social Networks. The Service includes features that operate in conjunction with certain third-party social
networking platforms such as Facebook (the “Social Network Features”).
While your use of the Social Network Features is governed by these Terms, your access and use of third party
social networking platforms and the services provided through such platforms are governed by the terms of
service and other agreements posted by such platforms. You understand and acknowledge that the Service is not
endorsed or certified by any of the aforementioned social networking platforms.
the new versions will be posted on the Site and/or the App. If at any point you do not agree to any portion of
- Location. The Service is operated by Miror in the United States. In order for us to provide our Service, you
agree that we may transfer, use and store information about you in the United States and other countries, where
you may not have the same rights and protections as you do under local law. If you choose to access the Service
from a location outside of the United States, you do so on your own initiative and you are responsible for
compliance with applicable local laws; provided, however, that the Service is not available to, and should not
be accessed and used by, residents of the European Economic Area.
- Submitted Content.
- Miror is not the source of, does not verify or endorse and takes no responsibility for the content of
communications made using the Service or any materials submitted or made available through the Service via
any function which allows a User to post or share content (which shall include, without, limitation, any
photograph or other visual likeness of you) (“Submitted Content”). By using the Service, you
agree that your Submitted Content may be viewable by other Users. Submitted Content is entirely the
responsibility of the person from whom such content originated. You therefore may be exposed to content that
is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content
may be protected by intellectual property rights owned by third parties. You are responsible for the content
you choose to communicate and access using the Service. In particular, you are responsible for ensuring that
you do not submit material that
- is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of such rights or have
permission from the rightful owner;
- is false or is a misrepresentation;
- is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be
considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise
- impersonates another person.
- Miror may in its sole discretion block, prevent delivery of or otherwise remove the content of
communications as part of its effort to protect the Service or its Users, or otherwise enforce the terms of
these Terms. Further, Miror may in its sole discretion remove such content and terminate your Account if you
submit any content that is in breach of these Terms. You acknowledge that Miror has the right to pre-screen
your Submitted Content, but has no obligation to do so. At Miror’s sole discretion, any Submitted
Content may be included in the Service in whole or in part in modified form.
- Miror does not claim ownership of any of your Submitted Content. With respect to all of your Submitted
Content, you grant Miror a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free,
sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare
derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted
Content in connection with the Service and Miror’s (and its successors’ and affiliates’)
business, including, without limitation, for promoting and redistributing part or all of the Service (and
derivative works thereof) in any and all media formats and through any and all media channels. You also
hereby grant each User a non-exclusive license to access your Submitted Content through the Service while
the Submitted Content is made available through the Service. You may take down any of your Submitted Content
at any time; however, you acknowledge and agree, that Miror may still have access to such Submitted Content
and that the above license granted by you to Miror will remain in effect despite your removal of the
Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content
you provide does not include anything (including, but not limited to, text, images, music or video) to which
you do not have the full right to grant the license specified in this Section.
- Eligibility of Minors.
- The Service is not directed toward children under 13 years of age, and Miror does not knowingly collect
information from children under 13 or allow them to create an Account or access Account features. If you are
under 13, please do not submit any personal information about yourself to Miror.
- Without limiting the foregoing, if you are under the age of majority in your jurisdiction of residence, you
may use the Services only with the involvement of your parent or guardian. Make sure that you review these
Terms with your parent or guardian so that you both understand all your rights and responsibilities. If you
are under the age of majority in your jurisdiction of residence, you represent and warrant that you have
obtained the consent of your parent or legal guardian to these Terms.
- DISCLAIMER OF WARRANTIES.
- YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GJENUINE EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE
OF DEALING OR USAGE OF TRADE. GJENUINE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF
ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE. GJENUINE DOES NOT
REPRESENT OR WARRANT THAT
- YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
- THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
- DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED;
- THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; or
- THAT ANY USER COMMISSION WILL BE GENERATED AS A RESULT OF YOUR USE OF THE SERVICE.
- LIMITATION ON LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GJENUINE AND ITS AFFILIATES, LICENSORS AND BUSINESS
PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE
“RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF GJENUINE OR THE RELATED PARTIES HAVE BEEN
ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE
FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF GJENUINE OR ANY OF THE
RELATED PARTIES EXCEED FIFTY DOLLARS ($50).
- THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS
HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR
REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT
THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL 14 BASIS OF THE
AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND
LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE
TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
- Indemnification. You agree to defend, indemnify and hold Miror and the Related Parties harmless from and against
any and all claims, demands, liabilities damages and losses including, without limitation, reasonable
attorneys’ fees, resulting from or arising out of (a) your use of the Service; or (b) your breach of these
Terms or any other policies that Miror may issue for the Service from time to time. You further agree to
cooperate as required by Miror in the defense of any claim. Miror reserves the right to assume the exclusive
defense and control of any matter subject to indemnification by you, and you will not in any event settle any
claim without the prior written consent of Miror.
- Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws
principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You and Miror agree that, except as otherwise provided in Section 21 below, the state and
federal courts located in San Francisco, California will have exclusive jurisdiction of all disputes arising out
of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and
venue of these courts. Notwithstanding the foregoing, Miror shall be allowed to apply for equitable remedies
(including injunctions) in any jurisdiction.
- Binding Arbitration.
- Arbitration Procedures.
- You and Miror agree that, except as provided in Section 21.4 below, all disputes, controversies and
claims related to these Terms or the Service (each a “Claim”) shall be finally and
exclusively resolved by binding arbitration, which may be initiated by either party by sending a written
notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final
and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and
Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS
Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms
set forth in this Section 21 and the JAMS Rules, the terms in this Section 21 will control and prevail.
- Except as otherwise set forth in Section 21.4, you may seek any remedies available to you under federal,
state or local laws in an arbitration action. As part of the arbitration, both you and Miror will have
the opportunity for discovery of non-privileged information that is relevant to the Claim. The
arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the
award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision
is based. The determination of whether a Claim is subject to arbitration shall be governed by the
Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise
provided in these Terms,
- you and Miror may litigate in court to compel arbitration, stay proceedings pending arbitration, or
confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and
- the arbitrator’s decision shall be final, binding on all parties and enforceable in any court
that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow
- Location. The arbitration will take place in San Francisco, California, unless the parties agree to video,
phone or internet connection appearances.
- Limitations. YOU AND GJENUINE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN GJENUINE AND
YOU INDIVIDUALLY. YOU AND GJENUINE AGREE THAT
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE
CLASS ACTION PROCEDURES;
- THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR
AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Miror agree that the following Claims are not subject to the above
provisions concerning negotiations and binding arbitration:
- any Claim seeking to enforce or protect, or concerning the validity of, any of Miror’s
intellectual property rights;
- any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized
- any claim for equitable relief. In addition to the foregoing, either party may assert an individual
action in small claims court for Claims that are within the scope of such court’s jurisdiction in
lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration
initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for
initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS
- Severability. You and Miror agree that if any portion of this Section 21 is found illegal or unenforceable
(except any portion of Section 21.4), that portion shall be severed and the remainder of the Section shall
be given full force and effect. If Section 21.4 is found to be illegal or unenforceable then neither you nor
Miror will elect to arbitrate any Claim falling within that portion of Section 21.4 found to be illegal or
unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within San
Francisco, California, United States of America, and you and Miror agree to submit to the personal
jurisdiction of that court.
- Notice Regarding App Stores. To the extent that you are using our mobile applications that you downloaded
through a third party’s App store, you further acknowledge and agree to the terms of this Section. You
acknowledge that these terms are between you and Miror only, not with the owner or operator of the App store
(the “App Store Provider”), and the App Store Provider is not responsible
for the App or the Service and the content thereof.
- The App Store Provider has no obligation whatsoever to furnish any maintenance and support services with
respect to the App or the Service. In the event of any failure of the App or Service to conform to any
applicable warranty, you may notify the App Store Provider and the App Store Provider will refund any
applicable purchase price for the mobile application to you; and, to the maximum extent permitted by
applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the
App or the Service.
- The App Store Provider will not be responsible for addressing any claims by you or any third party relating
to the App or the Service or your possession and/or use of the App or the Service, including, but not
- product liability claims;
- any claim that the App or the Service fails to conform to any applicable legal or regulatory
- claims arising under consumer protection or similar legislation.
- The App Store Provider will not be responsible for the investigation, defense, settlement and discharge of
any third-party claim that the App or the Service and/or your possession and use of the mobile application
infringes that third party’s intellectual property rights. You agree to comply with any applicable
third-party terms when using the App or the Service. You acknowledge and agree that the App Store Provider
and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms,
the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these
Terms against you as a third-party beneficiary of these Terms.
- You hereby represent and warrant that
- you are not located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Miror as a result of these Terms or your use of the Service.
- Affiliate Disclosures. As an Amazon Associate, Miror earns from qualifying purchases. Users on Miror may
also enter their own Amazon Associate IDs to earn from qualifying purchases of products tagged in their
content. Amazon Associates abide by the
Associates Program Operating Agreement.
- Assignment. Miror may assign its rights under these Terms to any person or entity without your consent. The
rights granted to you under these Terms may not be assigned without Miror’s prior written consent, and
any attempted unauthorized assignment by you shall be null and void.
- Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion
shall be severed, and the remainder of these Terms shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection
with these Terms, except as otherwise provided in Section 21.5, the prevailing party shall be entitled to
recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by
such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present
or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later
time. An express waiver by Miror of any provision, condition or requirement of these Terms shall not be
understood as a waiver of your obligation to comply with the same provision, condition or requirement at a
- Notices. All notices given by you or required under these Terms shall be in writing and sent to
- Export Administration. You must comply with all export laws and regulations of the United States or any
other country (“Export Controls”) and you shall not export, direct or transfer any portion of
the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by
the Export Controls.
- Equitable Remedies. You acknowledge and agree that Miror would be irreparably damaged if the terms of these
Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other
security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in
addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire
agreement between you and Miror with respect to the Service and supersede any and all prior agreements
between you and Miror relating to the Service.