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Effective as of: [October 26, 2002]
This Web site, currently located at mi-xology.com, as well as all services related to this Web site (from here on, the "Site") is provided by m.i. ("us," "our," or "we"). The terms and conditions set forth in this terms of use notice ("Terms of Use") shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site .
General
We reserve the right to change or discontinue any content or feature of the Site, or impose, change, or modify the terms and conditions of these Terms of Use. Depending on the nature of the change, we will either announce the change (1) on the home page of the Site, (2) provide such notice via e-mail to those who provide us with their e-mail address, or (3) take such other action as we deem appropriate under the circumstances. By continuing to use the Site following an announcement of any change, you will be deemed to have agreed to such change. You agree to review these Terms of Use periodically to be aware of such changes or revisions.
Personal Information
In general, you can visit our Site without telling us your name or revealing any personal information such as your address, telephone number or e-mail address.
In certain parts of the Site, we may ask you to provide your name or other personal information so that we can provide you with information that you request, respond to feedback that you submit to the site, or allow you to participate in one of our contests. Further, we may ask you for demographic data, such as your preferred language or country of residence, in order to tailor your experience on the Site, display content customized to your preferences, and to otherwise administer the Site. You are under no obligation to provide us with this information, but without it we may not be able to fulfill some types of requests. If you do not want your personal information collected, simply do not submit it through the Site.
We make significant efforts to ensure that the personal information you provide to us remains private. We will not sell, rent, or otherwise disclose the personal information you provide to us through the Site to third parties unless we are required to do so by law or have a good faith belief that such action is necessary to conform with existing laws or to cooperate with law enforcement agencies or in legal proceedings.
Opt-Out
M.i. does not send unsolicited e-mail (SPAM). We may, however, send you information that you request or respond to your e-mails to us. If you would prefer not to receive direct communications from us, you can opt out of this at the time of information collection. Or, if you decide to have your name removed from our mailing list at a later date, you may do so by sending an e-mail to webmaster@mi-xology.com with the word UNSUBSCRIBE in the subject line.
Review and Correction of Your Information
If for any reason you are concerned that the personal information about you that is maintained by m.i. is incorrect, please contact us by e-mail at webmaster@mi-xology.com and we will be happy to update or remove your personal information accordingly. We may continue to retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of our Site or to resolve disputes.
Sweepstakes, Drawings, Promotions, and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.
Third Party Advertising and Cookies
M.i. is committed to providing the most secure on-line experience possible. Your information is confidential. We may use your information to improve our Web site, by adding content and addressing your customer care needs. From time to time, we may notify you about new products and services we are offering, as well as events, promotions and special offers. We do not use third party advertising and do not share information with outside parties.
Site Conduct
The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state, or federal law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of "hacking," "cracking," "spoofing," or defacing any portion of the Site.
You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Web site or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors without their express consent.
Copyright©2002-2004 m.i. All rights reserved. This Site and the contents of the Site are intended for your personal, noncommercial use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. M.i. and third party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may NOT download or copy one copy of the Site Content for any use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.
Trademarks; Patents
Material that appears on this site may become trademarked or patented and m.i. reserves the exclusive right to ownership. All other marks, graphics, typefaces, trade names and logos appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us.
Copyright Infringement Claims
If you believe that any material or content posted on the Site constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a "Notice"):
* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Links
This Site may contain links to other Web sites. If you link to another Web site, you will leave this Site and this Policy will not apply to your use of, and activities on, those other Web sites. We encourage you to read the legal notices posted on those other Web sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those Web sites.
Third-Party Content
The Site contains content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your use of certain services on the Site may be governed by additional rules, which shall be available on the Site. By using any service you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.
Third Party Sites
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Product Descriptions
While we, and our affiliates, attempt to provide accurate information on the Site, we do not warrant that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Your sole remedy for the purchase of any product on the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT M.I., ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF MSO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
M.I. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL MSO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
Monitoring
We shall have the right, but not the obligation, to monitor the content of the Site, including Share, to determine compliance with these Terms of Use and any other operating rules established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms of Use or is otherwise objectionable or stale, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and visitors, and to comply with legal obligations or governmental requests. Notwithstanding these rights or obligations of m.i., you shall remain solely responsible for any information that you post, transmit or otherwise make available on or through the Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.
Indemnification
You agree to defend, indemnify, and hold harmless m.i., its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of these Terms of Use by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval.
Termination
Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in its sole discretion.
Amendment of Policy
M.i. approaches Internet communications with a strong commitment to individual privacy rights and concerns. As the Internet evolves, our policy will continue to change and develop. We therefore reserve the right to amend this Privacy Policy at any time with or without notice. Please check this page periodically for changes.
Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.
Security
We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties.
Privacy
This Web site, currently located at mi-xology.com, as well as all services related to this Web site (from here on, the "Site") is provided by m.i. ("us," "our," or "we"). The terms and conditions set forth in this terms of use notice ("Terms of Use") shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site .
Special note concerning children
We encourage parents to use the Site with their children. If we learn that a child under the age of 13 has provided personally identifiable information to the Site, we will promptly remove such information from its files.
Definitions
When reviewing this Policy you should understand that when we use the term "personally identifiable information" we mean any information that can be used to identify or contact a specific individual, such as a name, address, telephone number or e-mail address. When we refer to "aggregate information" we mean information that does not allow us to identify or contact a specific individual but describes a general category of information about visitors to the Site, such as demographics, purchase categories (e.g., home furnishings), or visitors using a particular browser to access the Site.
We sometimes collect various types of personally identifiable information from visitors to the Site. We constantly seeks to maintain the integrity of, and make improvements to, the Site. As part of these efforts, we collect and analyze certain information about how visitors use the Site. When you visit our Site, we may collect various types of technical data, which we maintain in both aggregate and personally identifiable forms. This data includes (but is not limited to) domain and/or Web browser information. We may track which Web site you visited before arriving at the Site and the Web site you link to when you leave the Site. We may also keep a record of which pages of the Site you visit, and how long you spend on each page.
We do not use "cookies" on the Site to to collect information about or track visitor.
We will use personally identifiable information provided by visitors to fulfill the purpose for which such information was provided, as described in this Policy, and as disclosed at the time the visitor information is requested. For example, personal information will be used to provide visitors with product and service information tailored to each such visitor's interests based on such visitor's previous activities on the Site. We may use postal address information provided by visitors to send them, among other things, m.i. product catalogs and magazine offers. Additionally, we may use information about your activities on the Site, your purchases, and your computer equipment to improve the performance of our Site, and to customize the content and layout of our Site pages for you. We do not supplement personally identifiable and aggregate information collected from the Site with similar information obtained from our affiliates, companies with whom we have marketing or other business relationships, and other third party sources.
We may offer visitors the opportunity to receive special promotions from us and other companies. If a visitor elects to receive such offers (or does not indicate a preference not to receive such information), we will use the information provided by that visitor to send those offers.
We may use personally identifiable information and aggregate information for a variety of marketing and promotional purposes. For instance, we may use information gleaned from your use of the Site or the purchases you make to inform you of new areas of the Site and product specials. This information may also be used to assist companies with whom we have marketing or other business relationships to display advertising or product placements of ours and of those companies that may be of interest to you.
You may choose not to receive promotional emails or newsletters from us by (A) following the "unsubscribe" instructions in the specific e-mail from which you wish to opt-out, (B) visiting the Your Account section of the Site and following the appropriate instructions, or (C) sending an e-mail to webmaster@mi-xology.com, specifying the particular e-mails list(s) from which you wish to be removed. We will respond to a request made pursuant to these methods as promptly as practicable. Even if you elect to stop receiving promotional e-mails from us, we may still contact you to tell you important information about us or the Site.
We will not intentionally share your personally identifiable information with unaffiliated entities (i) except as described in this Policy or as disclosed at the time your personally identifiable information is provided, or (ii) without your consent. We do, however, share aggregate information about Members and visitors to our Site with third parties and we share visitor and Member personally identifiable information with companies with whom we have a marketing or other business relationship.
We may also disclose personally identifiable information and aggregate information in order to (1) comply with applicable laws, (2) respond to governmental inquiries, (3) comply with valid legal process, and (4) protect the rights or property of m.i.
In the event there is a change in the corporate structure of m.i. such as, but not limited to, merger, consolidation, sale, liquidation, or transfer of substantial assets, m.i. may, in its sole discretion, transfer, sell or assign information collected on and through this Site, including without limitation, personally identifiable information and aggregate information concerning visitors, to one or more affiliated or unaffiliated third parties.
This Site may contain links to other Web sites. If you link to another Web site, you will leave this Site and this Policy will not apply to your use of, and activities on, those other Web sites. We encourage you to read the legal notices posted on those other Web sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those Web sites.
We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties.
We maintain this Site in the United States. By providing personal and other information to this Site, visitors understand and consent to the collection and processing of such information in, and the transfer of such information to, the United States and other countries or territories, in accordance with the terms of this Policy.
We reserve the right to change this Policy in order to address future developments of m.i. or the Site or changes in industry or legal trends. Depending on the nature of the change, we will either announce the change (1) on the home page of the Site, (2) provide such notice via e-mail to customers and others who provide us with their e-mail address, or (3) take such other action as we deem appropriate under the circumstances. By continuing to use the Site following an announcement of any change, you will be deemed to have agreed to such change. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using this Site.
Miscellaneous
These Terms of Use and any operating rules for the Site established by us constitute the entire understanding of the parties with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Permissions
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to: contact@mi-xology.com
Linking To Our Site
If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to contact@mi-xology.com.
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Assistance
