This website (or other service) is operated by Mia Morris (“Mia Morris” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site services provided by Mia Morris (the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; Clique ID (described below); Mobile Services (described below); online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Mia Morris site or other Service.
Included among the various Services is “Clique ID,” a common account system that makes it possible for you to use your e-mail address and a single password to register, sign-in, and conduct various online transactions on the Web sites, services and systems participating in the Clique ID system.
The Services may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to the Services via your mobile phone, (ii) the ability to receive and send messages, and (iii) the ability to browse the Services from your mobile phone (collectively, the “Mobile Services”). Whether or not Mia Morris charges for some or all of these Mobile Services, your mobile telephone carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.
In order to use the Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service. If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.
LEGAL AGREEMENT BETWEEN YOU AND MIA MORRIS; VISITORS AND REGISTERED USERS
These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and Mia Morris. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services. By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.
MODIFICATION OF THESE TERMS OF SERVICE
Mia Morris may wish to update or change this TOS from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in Mia Morris’s policies, or for other reasons. When we do, Mia Morris will endeavor to provide notice to users in one or more of the following ways: (1) Mia Morris will update the “last updated” date at the bottom of this TOS; (2) Mia Morris may post notice of the update on the website or other Service; and/or (3) Mia Morris may email notice of the update to the Registered Users. You understand that Mia Morris reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.
II. E-COMMERCE AND PURCHASING TERMS
PURCHASING TERMS: MERCHANDISE
PRICING AND PAYMENTS
All prices are in US Dollars. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Mia Morris’s sole discretion.
All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.
Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Mia Morris is not responsible for non-receipt of orders that have been deemed delivered. Mia Morris is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
Domestic Shipping (US): Our domestic carriers are USPS and FedEx. If FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below). The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship. Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.
International Shipping (Outside The US): The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship. In any event, we are not obligated to reship unless a trackable method of shipping was chosen. We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Mia Morris, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.
REFUNDS, RETURNS AND EXCHANGES
There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer’s defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).
Mia Morris will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Mia Morris (see the Undeliverable Packages section below for details). Mia Morris will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.
If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).
If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Mia Morris to:
Hold your entire order until the item or items that are out of stock are re-stocked; OR Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Mia Morris); OR Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax). Mia Morris will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.
If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
If for any reason your order is classified as undeliverable and returned to Mia Morris you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Mia Morris will not re-ship any order that is classified as undeliverable and returned to us.
STATE SALES TAX
In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
Our customer service office is open from 10am – 6pm PST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.
PURCHASING TERMS: TICKETS
TICKETS SALES FOR CONCERTS OR OTHER EVENTS
Except for VIP tickets in certain limited circumstances, ticket sales on a Mia Morris Site or through the Services are operated by third-party vendors. As such, Mia Morris is not responsible for any issues that may arise regarding such ticket sales. Please contact the ticket vendor for customer support associated with such ticket sales.
In certain limited circumstances, VIP ticket packages are sold on a Mia Morris Site or through the Services directly from Mia Morris. For such limited circumstances, please review the “VIP Tickets Sold by Mia Morris” section below.
With respect to all tickets (whether sold directly by Mia Morris or through a third party vendor), Mia Morris makes no guarantees that tickets will be available to members or other users of a Mia MorrisSite or through the Services. Any available tickets will be made available on a first-come, first-serve basis for select performances only, and Mia Morris does not represent or warrant that tickets will be available for every concert or event date, or for every user. Mia Morris makes no guarantees with respect to the availability of tickets nor does Mia Morris make any warranties or representations with respect to any tickets received. All events are subject to cancellation or postponement without notice. Please consult with the relevant venue for seating information prior to purchase and any changes to the show schedule.
LIMITATION OF LIABILITY
THIS SITE AND ITS OWNERS, OPERATORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TICKET SALES FOR CONCERTS OR OTHER EVENTS
Except for VIP tickets in certain limited circumstances, ticket sales on a Mia Morris Site or through the Mia Morris Services are operated by third-party vendors. As such, Mia Morris is not responsible for any issues that may arise regarding such ticket sales. Please contact the ticket vendor for customer support associated with such ticket sales.
With respect to all tickets (whether sold directly by Mia Morris or through a third party vendor), Mia Morris makes no guarantees that tickets will be available to members or other users of a Mia Morris Site or through the Mia Morris Services. Any available tickets will be made available on a first-come, first-serve basis for select performances only, and Mia Morris does not represent or warrant that tickets will be available for every concert or event date, or for every user. Mia Morris makes no guarantees with respect to the availability of tickets nor does Mia Morris make any warranties or representations with respect to any tickets received. All events are subject to cancellation or postponement without notice. Please consult with the relevant venue for seating information prior to purchase and any changes to the show schedule.
III. COMMUNITY STANDARDS
YOU ARE RESPONSIBLE FOR ACTIVITIES ON YOUR ACCOUNT
If you are given a password to access the Mia Morris Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Mia Morris immediately of any unauthorized use of your account. Mia Morris is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Please choose carefully the information you post via the Mia Morris Services or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Mia Morris users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Mia Morris assumes no responsibility or liability for this material.
MIA MORRIS IS A SERVICE PROVIDER
Mia Morris is a service provider; we do not control various aspects of the Mia Morris Services. By agreeing to these terms and conditions, you acknowledge that Mia Morris is a service provider that may allow people to interact online, discuss topics and/or post content of their own choosing. Generally, Mia Morris does not regulate the content or communications posted by or between users using the Mia Morris Services. Mia Morris has limited control, if any, over the type of content posted within the Mia Morris Services.
You agree that you will not: (i) use the Mia Morris Services for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the Mia Morris Services in any manner that could damage, disable, overburden, or impair the Mia Morris Services or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Mia Morris user account, computer systems or networks associated with the Mia Morris Services; or (iv) obtain or attempt to obtain any materials or information through the Mia Morris Services by any means not intentionally made available or provided for.
You agree not to post, submit, upload or otherwise display prohibited content on or through the Mia Morris Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the Mia Morris Services. Mia Morris reserves the right to investigate and take appropriate legal action against anyone who, in Mia Morris’s sole discretion, violates this provision, including without limitation, removing the offending communication from Mia Morris Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of Mia Morris:
Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;
Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling;
Harasses, bullies or advocates harassment or bullying of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;
Solicits personal information from anyone under 18;
Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”;
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without Mia Morris’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent.
Posting of subscription service exclusive content, including media, news, links, etc.
The following is a partial list of the kind of activity that is illegal or prohibited on or via the Mia Morris Services. Mia Morris reserves the right to investigate and take appropriate legal action against anyone who, in Mia Morris’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products, services or data through the Mia Morris Services;
Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
Exporting encryption software over the Internet or otherwise to points outside the United States;
Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or creating an undue burden on the Mia Morris Services or the networks or services connected to the Mia Morris Services;
Attempting to impersonate another user or person;
Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile;
Using any information obtained from the Mia Morris Services in order to harass, abuse, bully, or harm another person;
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Mia Morris Services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
Using the Mia Morris Services in a manner inconsistent with any and all applicable laws and regulations.
You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Mia Morris Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Mia Morris users from such advertising or solicitation, Mia Morris reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which Mia Morris deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Mia Morris Services, you acknowledge that you will have caused substantial harm to Mia Morris, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mia Morris $50 for each such unsolicited email or other unsolicited communication you send through the Mia Morris Services.
You are solely responsible for your interactions with other users of Mia Morris Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Mia Morris Services may include use of an email account or emailing, chatting, instant messaging, blogging, commenting, message board activity and/or other forms of online and/or electronic communication (individually and collectively “Community Applications”). Your use of the Community Applications is subject to the Terms of Service.
You understand that Mia Morris is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Applications, and that your use of the Community Applications is at your own risk. Any and all Community Applications are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
Mia Morris is in no way liable for any claims arising from your use of any Community Applications. As a condition of your use, you agree to indemnify Mia Morris for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Applications. Mia Morris reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Applications; to limit, terminate or suspend your use of the Community Applications; and to assess charges for the use of the Community Applications in the future.
MODERATOR RIGHTS AND RESPONSIBILITIES
Some Community Applications may involve moderators (“Moderators”). Mia Morris may, but is not required to, use Moderators on some of the Community Applications. Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. They also reserve the right to handle all Moderator issues privately.
Please remember that Moderators are also users and are dedicating their time to preserving the integrity of the site for every user’s enjoyment. Please make sure you treat them with the respect they deserve.
All correspondence with Moderators should include your username, email address and detailed explanation of the problem encountered.
Moderators are not employees of Mia Morris or the band, celebrity, recording artist, performing artist, public figure, brand or other client of Mia Morris, or of any other party; they work as volunteers to help ensure the success of the online community.
Please send any complaint you have to one of the Moderators. If they are unable to rectify the situation, they will contact site management.
USER DECORUM AND STANDARD OF CARE
This website (or other Mia Morris Service) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact a Moderator or Mia Morris Customer Service immediately.
DURATION OF DISCIPLINARY ACTIONS
The length of a ban will be determined in the sole discretion of the Moderator and management. The level of severity and degree of disruption caused by the offense will be considered. If a banned user returns to the Community Application with a new account, that account may also be banned. Other users posting for banned users may result in disciplinary action on the posting user. All bans shall occur without refund.
You are cautioned not to post your own personal information in the interest of safety. You should not post your address, telephone number, or anything that might put you at risk. Mia Morris is not responsible for monitoring this information, and Mia Morris is not liable for any consequences that may result from the exchange of this information.
Mia Morris does not police copyright violations. If any user is reported to have violated copyrighted material, Mia Morris is not liable for any damages resulting from such violation. Additionally, the violating user is subject to ban as a result of posting copyrighted material without authorization.
If applicable, please ensure that your discussion thread title properly describes your post. The Moderators do not have time to read every thread and may move something based on the thread title.
If you would like to start a new discussion thread, please take the time to see if there is already a discussion thread started for that topic. Duplicate threads may be locked and the original will remain.
Please make every attempt to post in the correct forum. The Moderators may move threads not posted in the proper area.
Do not use another user’s name in your thread title unless it is a positive post.
Internet etiquette states that UPPER CASE letters are shouting. Unless it is something urgent, please use lower case letters when adding new discussions.
If you start a discussion thread and then regret your decision, within a reasonable time, you may ask to have the thread deleted. If the deletion of the thread will not adversely affect another user, the Moderator may delete the thread provided the request is not unreasonable.
Please post in English only. The Moderators may be capable of moderating only in English and may delete any posts that are in any language other than English.
Always provide the proper link when posting articles so that credit is given to the proper source.
Please refrain from spreading rumors, particularly about Mia Morris or the band, celebrity, artist, performer or other public figure or brand that this site may be about. If you did not receive the information you are posting from a credible source, please do not post it. Moderators reserve the right to delete any posts they believe to contain false information. Please do not disparage or cast in a negative light Mia Morris, the Mia Morris Services, or the band, celebrity, artist, performer or other public figure or brand that this site may be about.
SUBMITTING, UPLOADING AND/OR POSTING TEXT, PHOTOS, ARTWORK, SOUND RECORDINGS AND OTHER MATERIALS
By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Mia Morris Services, in connection with any advertisements and promotions, and for any other purpose for which Mia Morris chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Mia Morris or the Mia Morris Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Mia Morris and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to Mia Morris’s use of Your Materials, including but not limited to any uses of Your Materials that generate revenue for Mia Morris or a third party. Mia Morris is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Mia Morris’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the Mia Morris Services.
Mia Morris may delete any of Your Materials that in the sole judgment of Mia Morris violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mia Morris assumes no responsibility for monitoring the Mia Morris Services or Mia Morris Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Mia Morris chooses, in its sole discretion, to monitor the Mia Morris Services or Mia Morris Site, Mia Morris nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Mia Morris does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Mia Morris prior to posting and do not necessarily reflect the opinions or policies of Mia Morris. Mia Morris makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.
CONTENT AVAILABLE ON THE MIA MORRIS SERVICES
The Mia Morris Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Mia Morris Services (all of these things are commonly referred to as “Content”) are owned exclusively by Mia Morris or others who have licensed their material to Mia Morris. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the Mia Morris Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Service are reserved by Mia Morris (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Mia Morris Services are owned by Mia Morris or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Mia Morris for which money damages would be inadequate and in such event Mia Morris will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mia Morris to terminate, without refund, user privileges of any user who infringes the copyright rights of others upon receipt of proper notification to Mia Morris by the copyright owner or the copyright owner’s legal agent.
Please note Mia Morris is a service provider that operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512).
If you are a copyright owner or agent thereof and believe that any user generated content infringes upon your copyright(s), You may submit a notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements listed above and described in detail in 17 U.S.C. 512 (c)(3), then your DMCA notice may not be valid.
If you posted content on the Mia Morris Service and it was removed due to a DMCA notice filed against you, you may protest the content removal if you believe you own the copyright for the content you posted by filing a counter-notice. You may submit a counter-notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (g)(3)):
A physical or electronic signature of the subscriber (note: the person or entity that posted the material is considered the “subscriber”);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notice to remove the material, or an agent of such person.
You acknowledge that if you fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (g)(3) that your DMCA counter-notice may not be valid.
IV. ADDITIONAL TERMS AND CONDITIONS
In order to use the Services, we recommend the hardware and software specified below. Mia Morris is not responsible for any failure to operate the Mia Morris Services resulting from you not using the recommended hardware and software.
Any computer with the Windows (versions XP, Vista, or higher) or Mac OS X (version Tiger 10.4 or higher) operating system; and
Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below
WEB BROWSER SOFTWARE:
Microsoft Internet Explorer version 7.0 SP2 or higher
Mozilla Firefox version 3.5 or higher
Apple Safari versions 4.0 or higher
Google Chrome version 5.0 or higher
In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.
Adobe Flash Player Plug-in version 10.0 or higher
PERSONAL AND NON COMMERCIAL USE ONLY
You may use the Mia Morris Services for your own personal and non-commercial purposes only. Each Mia Morris account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Mia Morris account to access the Mia Morris Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Mia Morris Services except as expressly provided in this TOS.
Illegal and/or unauthorized use of Mia Morris Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Mia Morris Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Mia Morris Site. Except as expressly authorized per a written agreement with Mia Morris, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Mia Morris reserves the right to remove them from user profiles or other areas of a Mia Morris Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Mia Morris Services.
DELAY OR FAILURE TO PROVIDE SERVICES
Mia Morris is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of Mia Morris’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Mia Morris client or their management to make materials available to Mia Morris in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Mia Morris Sites contain links to other websites controlled or operated by persons and companies other than Mia Morris (“Linked Sites”). The Linked Sites are not under the control of Mia Morris and Mia Morris is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mia Morris is not responsible for web casting or any other form of transmission received from any Linked Site, nor is Mia Morris responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Mia Morris of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Mia Morris Services or are identified on Mia Morris Sites, including the delivery of and payment for goods and services.
YOUR FEEDBACK AND SUGGESTIONS SUBMITTED TO MIA MORRIS
Mia Morris wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that Mia Morris needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Mia Morris, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Mia Morris and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Mia Morris’s use of the materials contained within such feedback or suggestions. Mia Morris is under no obligation to post or use any materials you may provide and may remove such materials at any time at Mia Morris’ sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Mia Morris Services, or to any data pertaining to your online transactions, purchase history or usage patterns.
SOFTWARE AVAILABLE ON THE MIA MORRIS SERVICES
All software (if any) that is made available to view and/or download from the Services (“Software”) is owned by and is the copyrighted work of Mia Morris and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Mia Morris hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Mia Morris Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Mia Morris and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Mia Morris for which money damages would be inadequate and in such event Mia Morris will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
MIA MORRIS AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE MIA MORRIS SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MIA MORRIS AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MIA MORRIS, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MIA MORRIS SERVICES, WITH THE DELAY OR INABILITY TO USE THE MIA MORRIS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE MIA MORRIS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MIA MORRIS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MIA MORRIS OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MIA MORRIS SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MIA MORRIS SERVICES. In no event will Mia Morris’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Mia Morris Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
TERMINATION AND RESTRICTION OF ACCESS
Mia Morris reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Mia Morris Services or any portion thereof at any time, without prior notice. Mia Morris may also terminate or suspend your access to the Mia Morris Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Mia Morris. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Mia Morris Services, Mia Morris will not terminate your access to the Mia Morris Services prior to the expiration of your subscription period without good cause. Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular site or other Service for which you purchased a subscription. If your Mia Morris Services subscription is terminated for good cause, or if you cancel your Mia Morris Services subscription prior to the expiration of the subscription period for any reason, Mia Morris will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Mia Morris account, your right to use the Mia Morris Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Mia Morris shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Mia Morris Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to shows and events, Mia Morris reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Mia Morris Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.
DISPUTE RESOLUTION: BINDING ARBITRATION
INTELLECTUAL PROPERTY NOTICES
Mia Morris Sites and Mia Morris Services, and all related technology and content: Copyright © 2020 by Mia Morris or its suppliers or licensors. All rights reserved.
“Mia Morris”, “Clique”, and “Clique ID” are trademarks and service marks of Mia Morris. The company, product, and brand names of companies, products and services mentioned herein or on a Mia Morris Site or Mia Morris Service may be the trademarks and service marks of their respective owners.
Mia Morris has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Mia Morris Services or on a Mia Morris Site. Except as expressly provided in this TOS, the provision of the Mia Morris Services and the display of Mia Morris Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.