Terms and Conditions
By visiting and using miracalize.com (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the website. Miracalize Media (hereinafter “we”, “us”, or “our”) reserves the right to amend or modify these Terms and Conditions in our sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically review these Terms and Conditions for updates.
Your continued use of the website after posting any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
Privacy Policy
We are dedicated to respecting the privacy of your personal information. Acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
Disclaimer
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
Mandatory Arbitration and Governing Law
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim, or controversy arising out of or relating to your use of the website or our products/services, you agree to first try to resolve the dispute informally by contacting us at sarang@miracalize.com.
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions by binding arbitration by a sole arbitrator appointed by us in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Mumbai, India, and shall be conducted in English. The award of the arbitrator shall be final and binding on both parties.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to these Terms and Conditions.
Intellectual Property
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property laws.
You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark or intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from or sell or license for any commercial purposes any part of the Content.
You agree to abide by all copyright notices and restrictions contained on the website. You may not use our Content in any way that is contrary to these Terms and Conditions unless we have given you specific written permission to do so.
If you breach any part of these Terms and Conditions you will immediately cease your access and use of the website. Any Content downloaded by you from this website does not transfer any right or ownership regarding such Content to you.
User Content and Lawful Use of the Website
You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or any of our social media sites any information or Content that is:
illegal, violates or infringes upon the rights of others, defamatory, abusive, profane, Hateful, vulgar, obscene, libelous, pornographic, threatening, harassing, discriminatory, invasive of privacy or publicity rights, fraudulent or tortious, encourages conduct that would constitute a criminal offense, gives rise to civil liability, otherwise violates any law, contains viruses, malware, spyware, harmful code, unsolicited advertising, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam
We have the right to remove any such Content from the website that we determine in our sole discretion violates these Terms and Conditions or is otherwise harmful to us, other website visitors or any third party.
You agree to use the website for lawful purposes only and in a manner consistent with all applicable local, national and international laws and regulations.
You agree not to use the website in a way that may cause the website to be interrupted, damaged, rendered less efficient, or such that the effectiveness or functionality of the website is in any way impaired.
You agree not to attempt any unauthorized access to any part or component of the website or interfere with the security of or otherwise abuse this website, system resources, servers, or networks connected to or accessible through this website.
You are solely responsible for any Content that you submit, post, or transmit to our website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing, sharing, distributing, reproducing, or otherwise making available, Content that is:
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, religiously, sexually, or otherwise objectionable
You understand that we have the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. We can also disclose any information about you that we deem necessary for the essential operation of the website.
Third Party Links
The website may contain links to third party websites that we do not own or control. We are not responsible for the content, privacy policies, practices or opinions expressed on these websites. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third party sites, you do so at your own risk.
Termination
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke, and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
Limitation of Liability
In no event shall we be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities arising out of or relating in any way to this website and/or Content or information provided herein. Your sole and exclusive remedy for dissatisfaction with the website is to stop using the website.
Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands or liabilities including attorneys’ fees and costs incurred by us in connection with any claim by a third party arising out of your use of this website or breach of these Terms and Conditions. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right at our own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such claim or matter without our written consent.
Entire Agreement
These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications and proposals either oral or written between you and us with respect to this website. Any rights not expressly granted herein are reserved.
Severability
If any part of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Contact
For any questions, please contact me through the contact form.