Terms & conditions.
Last updated: March 20, 2020
Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using this website or mobile application, as they affect your legal rights and obligations. These are our Terms and Conditions. The Terms apply to our Website (https://miraclemessages.org and any other affiliated sites incorporating these Terms and Conditions, collectively, “Website”), interactive features, and internet or mobile applications that post a link to it whether accessed via personal computers, mobile devices, tablets, or other technology. You agree that by accessing this Website or using the Miracle Messages mobile application (“Application”) operated by Miracle Messages (“us”, “we”, or “our”), you expressly consent and agree to be bound by the Terms and Conditions contained herein, whether you are a visitor (which means that you simply browse the Website or access the Application) or an account holder. Account holders include, but are not limited to, persons who create accounts or persons who engage in any transactions through the Website or Application (“Services”). These Terms cover your use of and access to the Website and Application provided by Miracle Messages. Your access to and use of the Website and Application is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website and the Application.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE OR APPLICATION. If you disagree with any part of these Terms, then you do not have permission to access the Services and should immediately cease accessing and using this Website and Application. You may not browse the Website or create an account or register with Miracle Messages for Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Miracle Messages. If you accept these Terms and Conditions, you represent that you have the capacity to be bound by them. Before you continue, you should print or save a local copy of these Terms for your records.
Communications
By creating an account on our Application, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content
Our Application allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Application, including its legality, reliability, and appropriateness.
By posting Content on or through the Application, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Any Content you submit to the Website or Application will be considered non-confidential and non-proprietary. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. By providing any Content on the Website or Application, you grant us and our affiliates and service providers, and each of our respective licensees, successors, and assigns, the right to use, reproduce, modify, publicly perform, publicly display, distribute, and otherwise disclose to third parties any such material for any purpose. You agree that this license includes the right for us to make your Content available to other users of the Application, who may also use your Content subject to these Terms. We have the right, but not the obligation, to monitor and edit all Content provided by users.
You understand and acknowledge that you are responsible for any Content you submit, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Your Content must not contain any material that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, discriminatory or otherwise objectionable; (ii) infringes the patent, trademark, trade secret, copyright, or other intellectual property or rights of another person; (iii) violates the legal rights of others or gives rise to any civil or criminal liability under applicable laws or regulations, or (iv) otherwise violates these Terms and Conditions.
In addition, Content found on or through this Application is the property of Miracle Messages or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Online and/or mobile application requirements
To receive and/or access our Services online or via the Application, you must have Internet connectivity and appropriate telecommunications links. You must have an email address and provide the same to Miracle Messages, and have a Java-compatible browser to receive and/or access your Services online or via the Application, if applicable. As an account holder, you are agreeing to receive all notifications via email or other electronic means at the email address or phone number on file with Miracle Messages. You are obligated to update the email address or phone number on file when such information changes.
The Services and Website may offer features and services that are available to you via a website, such as a mobile application or mobile website. Standard messaging, data and other fees may be charged by your carrier. You accept responsibility for any such charges that arise. By using the mobile features, you agree to be bound by these Terms. You also agree that we may send communications to your mobile device and collect information from your device, as described in our Privacy Policy, where applicable.
Receipt, review, and acceptance of privacy policy
By establishing an account with Miracle Messages, you acknowledge receipt of our Privacy Policy, acknowledge that you have reviewed the policy (or policies), and agree to be bound by the terms. These policies can be accessed here: Privacy Policy. Your agreement to be bound by these Terms includes your agreement to be bound by the applicable Privacy Policy, subject to the express terms contained in the policy. If you do not agree to the terms of the applicable Privacy Policy, you should cease accessing and using the Services and Website (including by cancelling your account with Miracle Messages). Notwithstanding the immediately preceding sentence, you agree to be bound by the applicable Privacy Policy upon submitting information to Miracle Messages to enroll in any Services, even if you do not ultimately consummate your enrollment for Services.
Copyright policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@miraclemessages.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.
DMCA notice and procedure for copyright infringement claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the specific location on the Services where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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.
You can contact our Copyright Agent via email at hello@miraclemessages.org.
Intellectual property
All content—such as, images, text, trademarks, logos, artworks, designs, or code— on the Website and Application is owned by or licensed to us and is protected by copyright, trademark, patent, or other intellectual property laws of the United States and foreign countries. You may not use content from our website without obtaining permission from the content’s owner or without having permission under the law. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Miracle Messages.
Your use of the website does not grant you ownership or licenses to the content of the Website or Application. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Miracle Messages.
Links To other web sites
The Application may contain links to third party websites or services that are not owned or controlled by Miracle Messages.
Miracle Messages has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. If you decide to access any of the third party websites linked to this Website or Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You acknowledge and agree that Miracle Messages shall not be 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 or through any such third party web sites or services.
Your access to and use of any services by third parties are governed by your separate agreement with such third parties (including their own terms of service and privacy policies). We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit before using them, and you are solely responsible for complying with those terms and conditions.
Geographic restrictions
We provide this Website and Application for use only by persons located in the United States. We make no claims that the Website or Application or any of the content is accessible or appropriate outside of the United States. If you access the Website or Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Site access and termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Miracle Messages and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s’ fees), resulting from or arising out of (a) your use and access of the Website and Application, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Website and Application.
Limitation of liability
In no event shall Miracle Messages, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from or in any way connected to (i) your access to or use of or inability to access or use the Website or Application; (ii) any conduct or Content of any third party on the Website or Application; (iii) any Content obtained from the Website or Application; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Users of the Website and Application agree to bring any claims arising out of or relating to this website on an individual basis and will not join their claims with any claim of another person through participation in a class action proceeding or otherwise.
Disclaimer
Your use of the Website and Application is at your sole risk. The Application and Website are provided on an “AS IS” and “AS AVAILABLE” basis. They are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Miracle Messages, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Website and Application will be uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website and Application are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. For these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law.
Dispute resolution
At our sole discretion, we may require you to submit any disputes arising from these Terms and Conditions, or use of the Website and Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration applying California law.
Governing law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30-days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Waiver and severability
Our failure to enforce, or delay in enforcing, any provision of these Terms and Conditions will not be deemed a waiver of our rights to enforce them.
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of the remaining provisions of the Terms and Conditions, and the remaining provisions shall remain in full force and effect. If a part of these Terms and Conditions cannot be enforced as written, then that part will be replaced with terms that most closely match the intent of the parties to the extent permitted by applicable law.
Entire agreement
The Terms and Conditions, including the Privacy Policy, constitute the sole and entire agreement between you and Miracle Messages regarding the Website and Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Contact us
If you have any questions or comments about these Terms and Conditions, please contact us at hello@miraclemessages.org.