Use of Site
The Site and the Content are protected by U.S. and/or foreign copyright laws and belong to Miraclon or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Miraclon or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Miraclon, for example in certain password-restricted areas of the Site). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.
Miraclon grants permission for use of Miraclon product information (text and images of Services) for catalogs and brochures promoting the sale of Services and for non-commercial research, educational or journalistic purposes such as newspaper and magazine articles and textbooks. All other uses are prohibited. This permission does not cover the right to use the image of any person shown in a product information image. The right to grant such permission belongs to the person shown and Miraclon is not able to grant such permission or to give any contact information about the person shown.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Miraclon has several websites available in specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, regulatory status, shipment and other considerations. Miraclon does not make any warranty or representation that a user in one region may obtain the Services available in another region, and a user’s order may be cancelled or a user redirect to the site for that user’s region may be cancelled if a user attempts to order Services offered on a site in another region.
Information published on the World Wide Web may contain references or cross-references to Services that are not announced or available in your region. Such references do not imply that Miraclon intends to announce such Services in your region. Consult your local Miraclon business contact for information regarding Services that may be available to you.
Links to Third-Party Web Sites
Miraclon cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of Miraclon and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Disclaimer of Warranties
OTHER THAN SPECIFIC EXPRESS WARRANTIES PROVIDED IN THE DOCUMENTATION ACCOMPANYING ANY SERVICES, MIRACLON MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MIRACLON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, OR THE CONTENT FURNISHED OR TO BE FURNISHED VIA THE SITE. MIRACLON DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MIRACLON DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PLATFORM OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MIRACLON’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Miraclon, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Unsolicited Idea Submission Policy
Miraclon or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Miraclon’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Miraclon or anyone at Miraclon. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Miraclon, without any compensation to you; (2) Miraclon will have no obligation to return your idea to you or respond to you in any way; (3) Miraclon will have no obligation to keep your idea confidential; and (4) Miraclon may use your idea for any purpose whatsoever, including giving your idea to others.
However, Miraclon does welcome feedback regarding many areas of Miraclon’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.
User Supplied Information
Miraclon does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Miraclon the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
If you register to become a miraclon.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Miraclon therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Miraclon does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any claim for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York without reference to conflict of laws principles, notwithstanding the choice of law provisions of the venue, where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in the State of New York in all disputes arising out of or relating to this Agreement and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such courts, except that we may elect, in our sole direction, to litigate the action in the country, county, state or other governmental, political or administrative division where any breach by you occurred or where you can be found. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Agreement, including without limitation this Section.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See our Notice and Procedure for Making Claims of Copyright Infringement.
These Terms of Service were last modified April 9, 2019.