Mimestream, LLC (“Company”, “Mimestream”, “we”, “us”, or “our”) is the developer of the Mimestream applications (“Apps”, or “App”) and our website at https://mimestream.com (“Website”), collectively known as our “Services”.
These terms and conditions of use (“Terms”) apply to use of our Services, and you agree to our Terms by downloading, installing, accessing, or using our apps, Services, features, software, or website.
You hereby expressly and irrevocably release and forever discharge Mimestream, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, owners, members, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You agree to indemnify, defend, and hold harmless Mimestream, it’s owners, members, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement, breach of your representations contained herein, or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Services.
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MIMESTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIMESTREAM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SERVICES, (E) YOUR USE OF THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER MIMESTREAM NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, OWNERS, MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. MIMESTREAM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MIMESTREAM’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.
YOU AND MIMESTREAM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MIMESTREAM AND ALL PARTIES TO ANY SUCH PROCEEDING.
Mimestream may terminate or suspend any and all Services, without prior notice or liability, for any reason whatsoever. Upon termination of our Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
Changes to Terms
We reserve the right to change these Terms at any time, to improve clarity or to reflect changes in our product or business. When we do, we will post an updated version on our website, including the date that these Terms were last updated. By continuing to use our Apps and Website, you consent to the revised Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Maryland and the United States of America, where applicable, and submitted to the exclusive jurisdiction of US Courts.
If any provision of these Terms of Service is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms of Service.
This is the entire agreement between you and Mimestream with regards to the subject matter herein and these Terms shall not be modified except as provided herein. Mimestream may assign this Terms agreement, in whole or in part, in its sole discretion and such assignment shall relieve Mimestream of any further obligation hereunder.
The waiver by Mimestream of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.