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Terms and Conditions
Miomni – Website terms of use Company Information Miomni ('the Site') is controlled by Miomni Ltd, UK registered company We are based at Angel House, Angel Mews, London N1 9HH If you wish to contact us, please send an e-mail to customercare@miomni.com Alternatively you can write to us at the above address. Terms and Conditions
1. You should assume that everything you see or read on the Site is subject to copyright (unless otherwise noted) and may not be used except as provided in these Terms and Conditions without the prior written permission of Miomni. Miomni ltd. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Miomni.
2. While Miomni ltd. uses reasonable efforts to include accurate and up to date information in the Site, Miomni Ltd. makes no warranties or representations as to its accuracy. Miomni Ltd assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Miomni ltd. nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Miomni ltd. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. While we are always happy to hear from you, it is Miomni Ltd's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non proprietary. Anything you transmit or post may be used by Miomni ltd, or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, and publication, broadcast and posting. Furthermore, Miomni Ltd is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of brands, trademarks, designs, people or places displayed on the Site are either the property of, or used with permission by, Miomni Ltd. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The Trade Marks and logos (collectively the 'Trade Marks') displayed on the Site are registered and unregistered Trade Marks of Miomni Ltd or other third party owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on the Site without the written permission of Miomni Ltd or such third party. Your misuse of the Trade Marks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Miomni Ltd, will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. The appearance of third party advertising messages, other than from affiliated third parties, does not constitute an endorsement or association by Miomni Ltd, or the third party, its products or services. Miomni Ltd accepts no responsibility for the content of such advertising messages or in respect of the products or services referred to.
8. As a convenience to our visitors, Miomni Ltd provides links from the Site to many of its affiliated company sites ('Affiliated Sites') and non-affiliated sites ('Non-Affiliated Sites'). Certain of the Affiliated Sites may contain content that may be inappropriate for certain younger visitors., where any sites indicate that content is suitable only for those of a certain age visitors below that age are encouraged not to link to and are not welcome to visit such sites or areas of such sites.
9. Links to Non-Affiliated Sites do not constitute an endorsement by or association with Miomni ltd of such sites or the content, products, advertising or other materials presented on such sites. Miomni Ltd does not author, edit, or monitor these Non-Affiliated Sites. You acknowledge and agree that Miomni Ltd is 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 Non-Affiliated Sites.
10. This Site does not currently provide public forums such as discussions groups, chats, and bulletin boards ('Forums'), through which visitors may post or transmit material to other visitors, although it might do so in the future. One or more of the Affiliated Sites or Non-Affiliated Sites may provide Forums. If you participate in a Forum on an Affiliated Site, your use of such Forum is subject to that Affiliated Site's or Non-Affiliated Site's terms of use.
11. You agree to indemnify, defend and hold Miomni Ltd and its parent, subsidiaries, affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the 'Indemnified Parties') harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. You may not settle any claim that may affect any Indemnified Party without that party's prior written consent. Miomni Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Miomni Ltd’s defence of such claim.
12. The Site is controlled Miomni Ltd. from its principal business offices in London. Miomni Ltd makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Miomni Ltd reserves the right, for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Miomni Ltd may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
14. You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. Miomni Ltd shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
15. Miomni Ltd may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
16. Use of the Site including any purchases from it will be interpreted, construed and enforced in all respects in accordance with the laws of England and subject to the exclusive jurisdiction of the English Courts. Miomni Ltd Privacy Policy is as per below. Last modified April 2008.
Privacy Policy
Welcome to Miomni client sites. These sites are managed by Miomni Ltd. Miomni Ltd maintain these sites for your personal entertainment, information, education, and communication. Please feel free to browse these Sites. Miomni operates these Sites on Client brands behalf and accordingly collect and use your data in conjunction with Miomni Ltd.
Miomni Ltd respects the privacy concerns of the users of the Site and have created this privacy statement to explain what information we gather from your visit to our Site, and how such information may be used. When we refer to ‘we’, ‘our’ or ‘us’, we are referring to Miomni Ltd the Client Brand and their parents, subsidiaries and affiliated companies COLLECTION AND USE OF INFORMATION As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is requested by or collected on this Site. However, if you choose to register on this Site you will be asked to provide us with certain personally identifiable information such as your name, mailing address or email address.
You may also be asked to provide demographic information (such as your age and gender) and profile information (such as your preferences in entertainment). We may use your information for marketing and promoting products and services and in some cases you may be asked to ‘opt in’ to receive information for marketing and promoting third party’s products or services (see 'Consent to Processing'). Personally identifiable information will not be sold and will not be given to any third parties (except as set out in this Policy) without your consent. Certain non-personal information may be recorded by the standard operation of Miomni's Internet servers.
Information such as the type of browser being used and its operating system is gathered in order to enhance your online experience. Your personal information will be held for as long as you use the services you have chosen, following which it will be removed. Miomni Ltd shall ensure that all personal information is held securely. Miomni Ltd and Client Brands use other companies to provide some of our services in relation to the Site, or to provide services to us, and we share your personal information with these other companies where necessary to enable us to provide you with the Site.
However, these companies can only process this information according to the instructions we give them, may only do things with your personal information that we are entitled to do, and may only act on our behalf. In addition they are required to meet the requirements of the Data Protection Act to keep the information secure. Affiliated Sites: These Sites provides links to many of the Client Brands affiliated companies' products and services Web sites ('Affiliated Sites') which may also collect personally identifiable information through various means such as surveys, site registration, chat rooms, bulletin boards, online stores, and competitions.
Your use of, and provision of personally identifiable information to, an Affiliated Site is subject to that Affiliated Site's Terms of Use and Privacy Policy which may vary from the one contained on this Site. Information concerning visitors to this Site and the Affiliated Sites may be shared among Miomni and Client Brands, and their Affiliated Sites. Security: Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.
As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Use of Cookies: Cookies are pieces of information transferred from our Site and stored on your computer hard drive for record keeping purposes. Cookies tell us which parts of our web site you visit and how long you spend there so enable us to tailor the Site to your preferences. Cookies do not contain personally identifiable information.
Links to Non-Affiliated Sites: We are not responsible for the content or practices of non-affiliated third party Web sites that may be linked to or from this Site. Visitors to non-affiliated third party Web sites should refer to those Web sites' respective privacy policy and practices. Consent to Processing: By using this Site, you unambiguously consent to the processing of your information in the United Kingdom.
We may share your data with third parties, including those present on the Site, so that they can contact you with details of other products and services you may be interested in. We'll only do this with your agreement. During your registration to become a customer, or if you enter a promotion or competition on our web sites, you can decide whether you would like to receive such information. If you agree to receive information about other companies' products and services, we'll only share your personal information with those companies if they agree to use your personal information only for that purpose.
If you wish change your preferences at any time please visit your [registration] profile and amend accordingly. However, if you had previously agreed to receive information about products and services from other companies, you will need to contact those companies yourself. You may still receive emails in reply to those you send us or our affiliated companies and may receive notices connected with bills and orders. Any opt out you require applies to the email address you provide to us. But please remember that if you change your email provider, you will also need to change the address used by Client Brand sites.
Access to your Personal Information: You have a right to request a copy of any personal information that we retain about you. You also have a right to have any discrepancies in that information corrected. If you wish to make such a request please contact us by email at the address below. We will charge £10 for any information requested. Contact Us: If you have any questions about this privacy statement, the general practices of our Client Brand sites, or your dealings with our Site, please contact: customercare@miomni.com Transfer to third parties: We may transfer, sell or assign information concerning your use of this Site, including without limitation, personally identifiable information, to third parties, as a result of sale, merger, consolidation, reorganisation or liquidation of either Miomni Ltd, or Client Brand Sites. Your Acceptance of These Terms: By using this Site, you signify your acceptance of this Privacy Policy.
If you do not agree to this policy, please do not use our Site. We reserve the right to modify, alter or otherwise update this policy at any time, so visitors are encouraged to review this policy from time to time. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. Last updated April 2008. As part of the registration process to become a member of the Client Brand Sites, you are also entering into a separate agreement with Miomni Ltd and Client Brand Sites for the pre-pay service described in these terms and conditions.
The service we provide Our responsibility to you 15. Unfortunately, Miomni Ltd and it Client Brand Sites cannot guarantee that the service will never be faulty. Miomni Ltd have no obligation to compensate you for financial loss, for data being lost or corrupted, or for any loss that could not have been reasonably foreseen (expected) in light of paragraph 2.
Miomni Ltd and it’s Client Brand Sites do not accept any responsibility for any thing you have bought from the web site. 16. Sometimes Miomni Ltd and it’s Client Brand Sites may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility for what has happened. Resolving disputes 17.
We will try to work through any disputes that you may have with us. However, if we cannot do this, you can refer the matter to any relevant dispute resolution service. You will find details of these, and of how to refer a dispute, set out in our code of practice for consumers and small businesses. 18. The agreement is subject to the laws of England and Wales.
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