Terms of Use
Welcome to the miga.com website (the "Site"). By accessing or using the Site, you agree to be bound by this agreement. Miga reserves the right to deny access to anyone who violates these Terms of Use. Miga reserves the right to make changes to its Terms of Use. We will try to inform you of any material changes by posting them on the Site or sending notice to the current e-mail address listed within your user profile. Should you object to any such modifications to these Terms of Use or if you are dissatisfied with the Site at anytime or for any reason, your sole and exclusive remedy is to discontinue using the Site.
Copyright. The content included on this site, such as text, graphics, logos, button icons, images, audio/video clips and software, is the property of Miga and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Miga and is protected by U.S. and international copyright laws. All software used on this site is the property of Miga or its software suppliers and is protected by U.S. and international copyright laws. The content on this site may be used as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Disclaimer. This site is provided by Miga on an "as is" basis and on an "as available" basis. Miga makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. By using the Site, you expressly agree that use of the Site is at your sole risk. Miga does not warrant the accuracy, integrity or completeness of the content provided on the Site. MIGA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Applicable Law. This site is created and controlled by Miga in the State of Minnesota, USA. As such, the laws of the State of Minnesota will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms of use at any time.
No Unlawful or Prohibited Use. You warrant and represent that you will not use this Site or any related services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use any device, software or action, including viruses, worms or time bombs, designed to damage or otherwise interfere with this Site; or intercept or expropriate any system, data or personal information contained at this Site. You alone are responsible for the content of messages you communicate when using our services as well as the consequences of any such messages. You will not use our services for chain letters, junk mail, "spamming," or commercial solicitations or to engage in illegal activities. You agree that you will not use this Site to violate any antitrust laws, or conduct any other activity that gives rise to some liability or otherwise harm the goodwill associated with our trademarks. You will not use this Site to: (1) harass, threaten, embarrass or cause distress upon another person; (2) upload photos into this Site that contain illegal images; (3) transmit through this Site any information, files, links, software, communication or other materials that is unlawful, threatening, abusive, defamatory, obscene, or racially or ethnically hateful; (4) transmit any unsolicited advertising or other promotional materials through this Site, except in those areas that are designated for that purpose. You may not use a false e-mail address, impersonate any person or entity (fictional or real). Any such false information provided in your user profile will result in the immediate termination of your access to the Site.
Limitation of Liability. Under no circumstances will Miga be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation, or any failure of performance. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Miga has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph applies to all content, equipment and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your Representations and Warranties. You represent and warrant for the benefit of Miga, in addition to other representations and obligations contained in these Terms of Use, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission;.
Indemnification. You agree to indemnify, defend and hold Miga and its officers, agents, partners and employees harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under these Terms of Use. Miga reserves the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Ownership. The Site is the exclusive property of Miga. All rights not specifically licensed herein are reserved to Miga.
Severability. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.