These terms and conditions (these "Terms") are a legal contract between you and Miracle Mile Shops (IMI Miracle Mall LLC). ("Miracle Mile Shops", "we," "us"), and govern your access to and use of any websites that link to these Terms (collectively, the "Services"), including any Content (as defined below) that appears on the Services. Please read these Terms carefully.
PLEASE NOTE THAT SECTION XVI OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THOSE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES, AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.
DO NOT USE ANY OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. BY YOUR ACCESS TO, AND USE OF, ANY SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.
I. U.S. Jurisdiction; Minimum Age
The Services as are located in the United States, and are designed to comply with the laws and regulations of the United States. Although accessible by others, the Services are intended for access and use by United States residents only. Miracle Mile Shops makes no representation that the Services are appropriate for use in any other jurisdiction. If you choose to access the Services from other locations, you do so on your own initiative and are responsible for compliance with all applicable local laws, rules and regulations.
The Services are intended only for individuals at least 13 years old, and if you are under that age, you are prohibited from accessing the Services.
II. Amendment of These Terms
Miracle Mile Shops reserves the right to change or modify these Terms at any time in its sole discretion without further notice. Such changes, revisions, or modifications shall be effective immediately upon being posted in relation to the Services. Continuing to use the Services after we post changes to the Terms constitutes your acceptance of those changes.
III. Restrictions on Use
You may not access or use, or attempt to access or use, the Services to take any action that could harm Miracle Mile Shops or any third party or interfere with the operation of the Services, nor may you use the Services in a manner that violates any laws. Without limiting the foregoing, you agree not to:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users' computers or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We reserve the right to suspend or terminate your access to the Services for any or no reason at any time without notice to you.
IV. Intellectual Property
All content, information, materials, text, images, audio, video, computer code and software appearing on the Services (collectively, the "Content") is the property of Miracle Mile Shops or third parties. No title or ownership rights are transferred to you under these Terms, and nothing herein shall be construed as a license to you under any Miracle Mile Shops patent, trademark, copyright, trade secret or other intellectual property right. You may access, use and display the Content and Services without modification or alteration in any way, and only so long as you comply with these Terms. You may download and print copies of the Content only for non-commercial, informational, personal use.
- Copyright. The Services and Content are protected, among other ways, under the copyright laws of the U.S. and other countries. All copyrights in the Services and the Content are owned by Miracle Mile Shops or its third party licensors to the full extent permitted under the U.S. Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Services or Content, except that you may make use of the Services and Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Services and Content. Copying, using or downloading the Content or Services for anything other than your personal use is a violation of these Terms and may be a violation of copyright laws.
- Trade and Service Marks. All rights in product names, the Miracle Mile Shops name and the names of Miracle Mile Shops’ affiliates, trade names, characters, logos, trademarks, service marks, trade dress, slogans, product packaging, and designs of Miracle Mile Shops’ or its affiliates’ products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Miracle Mile Shops, its affiliates or their respective licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Any unauthorized use of the Content or trademarks or any materials available through the Services may violate copyright, trademark, unfair competition, false advertising, privacy, and other U.S. and/or international laws, and may infringe upon the rights of Miracle Mile Shops, its affiliates and/or their respective licensors. Such unauthorized use may result in your personal liability, including potential criminal liability. Nothing contained herein shall be construed (under any theory) to confer any license or right under any intellectual property of Miracle Mile Shops, its affiliates, or any third party.
- Third Party Intellectual Property. The Services may contain intellectual property owned by third parties, including but not limited to, promotional and business partners, licensors, licensees, sponsors and advertisers. The third party product names/brand names are trademarks of their respective owners.
V. Rights in User Content
We reserve the right to republish any material contributed by users of the Services. By posting, displaying, or publishing any materials or information (“User Content”) on the Services or submitting any correspondence to us, you expressly grant us a worldwide, nonexclusive, fully-paid, royalty free license to publish, reproduce, sell, disclose, distribute, or use User Content for any purpose whatsoever in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You hereby further grant us the global, non-exclusive right to use any ideas, concepts, or techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction, or disclosure thereof. You also agree that all User Content will be deemed to be provided to us on a non-confidential and non-proprietary basis. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
VI. Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, CONTENT OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THOSE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
VII. Limitation of Liability
IN NO EVENT WILL MIRACLE MILE SHOPS, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIRACLE MILE SHOPS, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, OR LINE OR SYSTEM FAILURE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES OR CONTENT.
VIII. Links to Other Sites
X. Non-Confidential Information
You agree to indemnify, defend, and hold harmless Miracle Mile Shops and its affiliates, and each of their respective directors, officers, employees, contractors, service providers, agents, representatives, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys' fees and expenses (including any of the foregoing incurred in enforcement of this indemnity), related to or associated with your use of the Services, online conduct, any violation of these Terms, or dealings or transactions with other persons resulting from use of the Services.
XII. Separate Terms and Conditions
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
Miracle Mile Shops reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of these Terms shall survive any such suspension or termination. Miracle Mile Shops also reserves the right to seek all remedies available at law and in equity for violations of these Terms.
XIV. Integration and Severability
XV. No Waiver
Our failure to enforce any provision of these Terms or respond to a breach by you or any other party shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
XVI. Governing Law; Dispute Resolution
These Terms and your access to and use of the Services is governed by the laws in effect in the State of Nevada, without giving effect to its conflicts of law provisions. By using the Services, you waive any claims that may arise under the laws of other countries or territories.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN A COURT OF COMPETENT JURISDICTION. YOU AGREE THAT MIRACLE MILE SHOPS MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CLARK COUNTY, NEVADA, NECESSARY TO PROTECT ITS RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.
XVII. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or Miracle Mile Shops Management Office: 702.866.0703.
Last updated: November 16, 2016
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