Terms and Conditions

Hello!
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‍Welcome to the Mirrorscape video game services, which are accessible via the Mirrorscape, Inc. mobile device application (the “App”). To make these Mirrorscape Terms of Service (the “Terms”) easier to read, our video game services, the App, and our website located at https://mirrorscape.com/ (the “Site”), together with the services that we offer in connection with these, are collectively called the “Services.” Please carefully read these Terms, and our Privacy Policy because they govern your use of our Services.

Agreement To Terms

By using our Services, you are agreeing to these Terms and our Privacy Policy. If you are under the age of 13, you may not use the Services. If you are at least 13 years old but under the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent of a legal minor using the Services, you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and in our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services.

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IF YOU USE THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.

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The term “you” and related terms in these Terms refer to the person using the Services, and/or the parent or legal guardian of the person using the Services that has not reached the age of legal majority in their jurisdiction of residence. If you use the Services on behalf of a legal entity, “you” refers to both you as an individual and the entity that you represent. The term “we” and related terms in these Terms refer to Mirrorscape, Inc. and any subsidiary, parent, or affiliated entities.

Eligibility and Account Registration

If you want to use certain features of the Services, you will have to create an account with us (an “Account”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You may not share your Account with any other person.

Safe Play

During game play, please be aware of your surroundings and play safely. You agree that your use of the Services is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the Services to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private or government property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, we, disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, if you have a dispute with one or more other users of the App, you release us, (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Rights in App

Subject to your compliance with these Terms, Mirrorscape grants you a limited, nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c ) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under these Terms.

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

These Terms are concluded between you and us, and not with any App Provider, and that, as between us and the App Provider, we are solely responsible for the App.
If you use the App on any Apple-branded device, the license granted to you under these Terms is a non-transferable license to use the App on any Apple-branded product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be our sole responsibility.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the Services.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the App, you may contact us at [insert phone, email, and mailing address).

Content and Content Rights

For purposes of these Terms: (a) “Mirrorscape Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, designs, data, code, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services other than User Content; and (b) “User Content” means any Content that users of the Services (including you) provide to be made available through the Services. ”User Content” does not include layouts, designs, maps, 3D models, characters, or other trademark or copyright materials created using Mirrorscape Content. The term “Content” means Mirrorscape Content, Paid Content (as defined below), and User Content. Subject to your compliance with these Terms, we grant you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services. If you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the Content that is publicly available on the App or Website for the limited, non-commercial purpose of discussing such content.

For the avoidance of doubt, all intellectual property rights in and to any map design or layout, all character or other design depictions or any 3D models, or other game, character, or other digital asset that you may create on or through the Services (“User Designs”) and all associated Content are the property of Mirrorscape, Inc. or its licensors and you (i) irrevocably assign, transfer and convey, to the extent permitted by applicable law, all right, title and interest you may have in and to the User Designs and the associated Content on a worldwide basis (including, without limitation, rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to Mirrorscape, Inc. or such other entity as we designate, to the extent ownership of any such rights does not automatically vest in Mirrorscape, Inc. or its designated entity under applicable law, and (B) waive any moral rights therein to the fullest extent permitted under applicable law. You will execute any further documents and take any further actions we request to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of our right, title and interest in or to the User Designs or the Mirrorscape Content. Notwithstanding anything to the contrary contained in the foregoing, and for purposes of clarity, you will retain all ownership rights in and to the general and abstract elements of original characters, maps, and layouts that you created prior to using the Services, including their names and basic elements, which are considered User Content, but the actual depictions of them and any 3D models based on them that you may create on or through the Services are the property of Mirrorscape and considered User Designs as set forth above.

Content Ownership

We do not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. We and our licensors exclusively own all right, title, and interest in and to the Services and Mirrorscape Content, including all associated intellectual property rights. You acknowledge that the Services and Mirrorscape Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, Mirrorscape Content or User Content from other users of the Services.

Rights Granted by You

By making any User Content available through Services, you grant to Mirrorscape a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other users of the Services.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us and other users of the Services on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We may reject, block, or remove any User Content that we believe, in our sole discretion, is inappropriate or violates these Terms. Mirrorscape further reserves the right to remove any User Content from the Services at any time, without notice, and for any reason.

Digital Millennium Copyright Act

We expressly prohibit use of the Services for the transmission of copyrighted material without all appropriate licenses and permissions, and will respond if notified by content owners that comply with the Digital Millennium Copyright Act (“DMCA") to prevent copyrighted material from being transmitted via the Services. In addition, we may disable, suspend, and/or terminate an Account if it is found to be transferring copyrighted material without a license. Before filing any notices or counter-notices, or taking other actions related to an alleged copyright infringement, we encourage you to seek the help of competent legal counsel. Intellectual property law is complex and it may be difficult to understand and enforce your rights without professional help.

Designated Copyright Agent

For all matters pertaining to the DMCA, our designated copyright agent can be reached in any of the following ways:

Email: support@mirrorscape.com

Mailing Address: 8023 Beverly Blvd, Suite 1 #505, Los Angeles, CA 90048

Email communication is preferred.

Submitting a DMCA Notice

If you believe that your work has been used in a way that constitutes copyright infringement, please provide a written and signed document to our designated copyright agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed upon or, if multiple works are claimed to be infringing, a representative list of such works;

3. A description of where the material that you claim is infringing is located; please provide a URL link to any applicable Account page, if applicable;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Submitting a DMCA Counter-Notice

If you receive a notice of claimed infringement with respect to your User Content, and you believe that the notice, or any action we have taken as a result, is incorrect or unwarranted, then you may send a written and signed counter-notice to our designated copyright agent with all of the following information:

1. URL(s) where the material that was the subject of the notice of claimed infringement appeared before it was identified, removed, or access to it was disabled;

2. Name of the claimant who submitted the notice;

3. Your full legal name;

4. Your email address associated with your Account;

5. Your full postal address (Street, Unit #, State, Mailing Code, Country);

6. Your phone number, including International Code; and

7. A statement by you that (i) you consent to the jurisdiction of the federal district court for the judicial district in which your provided address is located, or if your address it outside the United States, the judicial district in which Mirrorscape, Inc. is located, and will accept service of process from the claimant and (ii) you swear, under penalty of perjury, that you have a good faith belief that the material identified in the notice you received was identified, removed, and/or disabled as a result of a mistake or misidentification.

Submitting a Retraction

If you wish to retract a DMCA claim, then you may send a notice to our designated copyright agent with all of the following information:

1. The date of your original notice and, if available, a claim identification number;

2. A description of the relevant copyrighted work;

3. The URL, if applicable, where the relevant copyrighted work can be found; and

4. Your full legal name and signature.

Repeat Infringers

Everyone makes mistakes. Sometimes our users might share User Content that infringes on others’ rights without understanding that it is illegal. However, we will not hesitate to take action up to and including termination of a user’s Account if that user has had several successful DCMA notices submitted against them. The action we take and the number of infringements we will allow before taking action beyond the removal of the offending User Content will depend on the nature of the offending User Content, the number of times the user has been subject to DMCA notices within a given time period, the manner and timeliness of the user’s response to DMCA notices, and other circumstances we may deem relevant. We reserve the right to terminate your Account if you violate anyone’s intellectual property rights even once.

Provisions Applicable to Paid Content and Game Managers

We may offer you the opportunity to pay for certain functionalities of the Services and/or to access, view, or use certain Content (collectively, “Paid Content”). We make available an account by which you may purchase our digital currency for use exclusively in connection with the Services (“Virtual Money”). By using Virtual Money for access to Paid Content, you are purchasing (and we hereby grant to you) a nonexclusive, revocable, worldwide license, without the ability to sublicense, to access the Paid Content only through the App or Website. Paying for Paid Content does not transfer any intellectual property rights to you except for those explicitly set forth in these Terms. Except as required by applicable law in your jurisdiction, any purchase of Virtual Money is non-refundable. Virtual Money is not legal tender, cannot be redeemed, transferred, bought, or sold other than authorized sales by us to you through the Services.

You must ensure that any payment method you provide is current and accurate at all times. You will be charged for any applicable sales or other taxes arising from your purchase of Virtual Money.

You may have the ability to pay a user of the Services to participate in your game(s) as a host, manager, or other role (a “Game Manager”). We do not monitor, supervise, instruct, train, or otherwise oversee Game Managers in any way, and we make no representations or warranties of any kind with respect to the credentials, behavior, performance, or any other aspect of any Game Manager. Game Managers are not our employees, representatives, or consultants. You fully assume all risk associated with your dealings and relationship with any Game Manager. If you agree with a Game Manager for game related services, you and such Game Manager form an agreement directly between the two of you.

If you are a Game Manager, you represent or covenant (as applicable) as follows:

· You are at least 18 years of age or the age of legal majority in your jurisdiction;

· You will fulfill all commitments you make to any user of the Services who has paid for your service as a Game Manager (a “Client”);

· You will be available at the time(s) you agree on with a Client;

· You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Clients and will not record (whether video or audio or otherwise) any game or other task you perform for such Client on the Services, or any interaction with any Client in connection with the Services without the prior written consent of the Client;

· You will use your real name or business name, and real photograph of yourself, on your Account;

· You will comply with applicable law at all times while fulfilling your obligations to your Clients;

· You will only perform your obligations to your Clients through the Services, and only accept payment from your Clients using the methods provided through the Services;

· You have the unrestricted right in any applicable jurisdiction to perform your obligations to your Clients;

· You have the experience, skills, and expertise necessary to perform your obligations to your Clients; and

· Your performance of your obligations to your Clients will comply with all other provisions of these Terms and applicable law at all times.

An agreement between a Game Manager and Client through the Services is legally binding contract to which we are not a party. The terms of the agreement do not expand or limit in any way our rights and obligations under these Terms. You will hold us harmless and indemnify us against all claims, damages, actions or other disputes arising from, or related to, any Game Manager and Client relationship, regardless of your role in such relationship.

Effect of Termination on Paid Content and Virtual Money

We may cancel, suspend, or terminate your Account and your access to your Virtual Money, the Content (including any Paid Content you have purchased access to), or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Virtual Money, or any Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or our reputation. We have no obligation or responsibility to, and will not reimburse or refund, you for any Paid Content or Virtual Money lost due to such cancellation, suspension, or termination. We are not required to provide a refund for any reason, and you will not receive money or other compensation for unused Virtual Money and Paid Content when your Account is closed, whether such closure was voluntary or involuntary.

We have the right to offer, modify, eliminate, and/or terminate Virtual Money, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Paid Content, we will provide at least 60 days’ advance notice to you by posting a notice on the Site or App or through other communications.

Conduct, General Prohibitions, and Mirrorscape’s Enforcement Rights

You are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:

defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive User Content or message;
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
impersonate or misrepresent your affiliation with another person or entity;
promote or provide instructional information about illegal or harmful activities or substances;
promote or engage in physical harm, violence, or injury against any group or individual, including yourself;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
post, upload, publish, submit, or transmit any User Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
use, display, mirror, or frame the Services or any individual element within the Services, our name, any of our trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
access, tamper with, or use nonpublic areas of the Services, our computer systems, or the technical delivery systems of our providers;
attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by us or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the App or Site database and other information about users or gameplay);
use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs, or product names without our express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or our infrastructure;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us on Facebook, Twitter, Instagram, or through the Services. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You assume all risk arising from your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; the last paragraph of Provisions Applicable to Paid Content and Game Managers, Effect of Termination on Paid Content and Virtual Money; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content or User Content.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You will indemnify and hold harmless us and all of our officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF ALL FEES PAID BY YOU TO US HEREUNDER OR ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, Content, or User Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”). You may contact us about any Dispute by email at don@mirrorscape.com or regular mail at or Mirrorscape, 8023 Beverly Blvd, Suite 1 #505, Los Angeles CA, 90048. You and we must notify each other in writing within thirty (30) days of any Dispute arising.. The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration ) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Mirrorscape otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Mirrorscape submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

Fees

Your and our responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact us at support@mirrorscape.com or 8023 Beverly Blvd, Suite 1 #505, Los Angeles CA 90048, United States.