Terms of Service

 

 

Terms of Service

By accessing the MiEgo Apps mobile applications (“apps”) and Websites (“sites”) or using the services offered by MiEgo Apps (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or App or use the Services. MiEgo Apps reserves the right to change these Terms at any time. We recommend that you periodically check for changes.

The terms “we”, “us”, “our” and “MiEgo Apps” refer to the MiEgo Apps business unit, a California corporation. The term “you” refers to the customer visiting the Site or accessing the MiEgo Apps applications.

Usage License

MiEgo Apps grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site and/or within the Apps. MiEgo Apps reserves the right to terminate your license to use the Site and Services at any time and for any valid reason. This limited user license is the grant of a personal, non-commercial license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

User Responsibility

You are solely responsible for your use of the Apps, Sites and Services. Because MiEgo Apps merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of MiEgo Apps, and MiEgo Apps makes no claim of accuracy of any user-posted material. MiEgo Apps allows for the posting of user comments, content, photos and ratings. MiEgo Apps takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MiEgo Apps liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MiEgo Apps is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although MiEgo Apps has no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, MiEgo Apps reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Sites or within the Apps at any time and for any reason. In accessing the Sites, Apps and Services, reading user comments or viewing user photos you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site, Apps and Services.

Permission to Use Your Content

We may use your content in a number of different ways, including displaying it on the Sites and Apps, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By using the Services, you acknowledge the foregoing uses and expressly grant MiEgo Apps a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your content.

Responsibility for Your Content

You alone are responsible for your uploaded content. You assume all risks associated with your content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by MiEgo Apps.

You may expose yourself to liability if, for example, your content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Intellectual Property

All contents of this Website are: ©2013 MiEgo Apps LLC. All rights reserved. MiEgo Apps is not responsible for content on websites or mobile applications operated by parties other than MiEgo Apps. MiÉgo Apps, the MiEgo Apps logo, the MiEgo Apps design and all other product or service names or slogans displayed on the Site or in connection with the Services are registered and/or common law trademarks of MiEgo Apps and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MiEgo Apps or the applicable trademark holder. In addition, the look and feel of the Sites and Apps, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MiEgo Apps and may not be copied, imitated or used, in whole or in part, without the prior written permission of MiEgo Apps. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MiEgo Apps.

Copyright Complaint Policy

Infringement Notification:
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying MiEgo Apps that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

a. A clear identification of the copyrighted work you claim was infringed.

b. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the App or Site, such as a link to the infringing material.

c. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

d. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

e. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

  1. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claims of copyright infringement on this website should be emailed or mailed to: MiEgo Apps LLC.,Attn: Legal Department, 182 Howard St. #620, San Francisco, CA 94105, legal@miegoapps.com

 

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement under the Copyright Act. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, MiEgo Apps has adopted a policy of terminating, in appropriate circumstances and at MiEgo Apps’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. MiEgo Apps may also at its sole discretion limit access to the Apps, Sites and/or Services, and/or may terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Communications With MiEgo Apps

When you sign-up with MiEgo Apps, you are asked to provide certain information including, without limitation, your name, your email address and a password for your account. You can add or update your information, or close your account, if desired.

As a registered MiEgo Apps member, MiEgo Apps may send you certain communications via email from time to time. You can modify your email subscription choices at any time by contacting us at www.miegoapps.com or clicking the “Unsubscribe” link on marketing emails. MiEgo Apps wants to make it easy for you to take advantage of travel-related opportunities available through our Services or affiliates. One way we do this is by sending you emails containing information about your apparent related interests. We also will send you email communications when you utilize the Services in certain ways, including, without limitation, when you register with MiEgo Apps. We will also send you marketing or promotional email communications from time to time concerning the Services of MiEgo Apps, MiEgo Apps and/or our affiliates. If you decide to opt-out of email communications, you can do so by clicking the “Unsubscribe” link on marketing emails.

No Warranty and Limitation of Liability

MIEGO APPS PROVIDES THE SITES, APPS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MIEGO APPS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL MIEGO APPS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSO EVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT MIEGO APPS HAS BEEN ADVISED OF SUCH POSSIBIL ITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH MIEGO APPS SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Other

MiEgo Apps and you are independent entities, and nothing in the Terms, or via use of the App, the Site or the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and either MiEgo Apps or MiEgo Apps. These Terms supersede any previous agreement and represent the entire agreement between MiEgo Apps and you. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to MiEgo Apps LLC.,Attn: Legal Department, 182 Howard St. #620, San Francisco, CA 94105, legal@miegoapps.com

This Apps and Site are operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in California, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this App and Site. You agree that all claims you may have against MiEgo Apps or MiEgo Apps LLC arising from or relating to the Apps, the Sites or the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the state of California. Use of this App, Site and/or Services are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

©2013 MiEgo Apps LLC. All rights reserved.

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