1. Acceptance of Terms
1.2. The TOU is an agreement between Miranor and You. The agreement applies to all the files and data on any server owned, rented, operated, or maintained by Miranor, and provided to You via the "www.miranor.com" domain, its sub-domains, or any associated domain owned by Miranor (the "Site"). By using the Site for any purpose other than accessing and reading this TOU for the first time, You agree to comply with the terms and conditions hereof. If You do not agree to accept the TOU, do not use the Site.
2. Changes of Terms
2.1. The TOU that appears on the Site (accessible via the link at the bottom of every page on the Site) is the most current version of the TOU.
2.2. Miranor reserves the right to modify or remove any part of this TOU, or to add new conditions at any time, with or without notice, including, but not limited to, adding fees and charges for use.
2.3. Miranor may send notifications regarding the changes to TOU via Email updates to registered clients. However, Miranor is not obligated to send said notifications, and does not guarantee that You will receive said notification. Failure to receive said notification does not diminish Your obligation of conforming to the updated TOU.
2.4. Any use of the Site after the TOU has been updated shall be deemed to constitute the acceptance of such changes by You, regardless of whether You received any notification of such change or not.
3. Description of Services
3.1. The Site provides you with various services, including, but not limited to accessing information, downloading products, compiling your code on our servers, sending or uploading contributions, creating and managing Your Account, and contacting Miranor staff (the "Services"). All the Services, provided by the Site at any given moment, are subject to this TOU.
3.2. Miranor shall have the right to add, modify, or remove any Service, aspect, or feature of the Site, including, but not limited to, content, availability, and the equipment needed to access or use the Site. Miranor reserves the right to make these changes at any time without notice.
3.3. You are solely responsible for obtaining and maintaining all the computer hardware and software needed to access the Site and use the Services, including paying all the related fees and charges. Miranor will not in any way be responsible for Your ability to use the Site and Services.
4. Account, Password, and Security
4.1. Some Products and Services may require You to create an Account. In such a case, You must complete the registration process by providing Miranor with complete and accurate information as prompted by the applicable registration form before You can use the applicable Product or Service. In particular, You may have to provide a personally identifying information, including e-mail address, as instructed by the registration form (the "Personal Information"), and confirm the e-mail address according to the instructions sent to said address.
4.2. You are entirely responsible for maintaining the confidentiality of Your Personal Information. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Miranor immediately of any unauthorized use of Your account or any other breach of security via the Contact Us form, or by any other available means.
4.3. Miranor will not be liable for any loss that You may incur as a result of someone else using Your Account or Personal Information, either with or without Your knowledge. Irrespectively of the foregoing, You could be held liable for losses incurred by Miranor or another party due to someone else using Your Account or Personal Information. You may not use anyone else's Account at any time, without the explicit permission of that Account's owner.
4.4. You have the right to close Your Account at any time, using the means provided by the Site or via a written notice to the Miranor team. Notwithstanding the foregoing, Miranor does not guarantee that all of Your Personal Information will be removed from the Site immediately.
4.5. Miranor reserves the right to close Your Account at any time and without notice, if You violate this TOU in any way, or if Your conduct while using the Site has been inappropriate. Miranor reserves the right to decide at its sole discretion, which conduct is inappropriate. Particularly, Miranor reserves the right to delete Your Account if You do not confirm Your e-mail address within a reasonable time frame.
4.6. As a registered user You may be granted access to restricted areas of the Site that are not accessible to unregistered users or even to other registered users. You MAY NOT SHARE OR PUBLISH ANY INFORMATION THAT MAY ENABLE OTHER USERS, REGISTERED OR NOT, TO GAIN ACCESS TO THESE RESTRICTED AREAS, INCLUDING, WITHOUT LIMITATIONS, URLS TO THESE RESTRICTED AREAS.
5. Use of the Site
5.1. You shall use the Site for lawful purposes only.
5.2. You shall not restrict or inhibit others from using this Site by any means, including, but not limited to, a distributed denial of service (DDoS) attack. You shall not harvest or otherwise collect any information about other users of the Site, including, but not limited to, e-mail addresses.
5.3. You may not modify the content, aspect, or feature of this Site, other than as explicitly permitted by the Site forms.
5.4. The Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, and graphics. The entire content of the Site (except when expressly stated otherwise) is copyrighted as a collective work under the applicable copyright law. Miranor owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In the event of any copying, redistribution or publication of the copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You do not acquire any ownership rights by copying or downloading copyrighted material.
5.5. You can use the Site Services to contact Miranor for various reasons, according to the instructions on the Site. MIRANOR MAKES NO ASSURANCES THAT THE INFORMATION PROVIDED BY YOU DURING SUCH CONTACT WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. If you wish to transfer confidential or proprietary information to Miranor, you can use the Site only to propose such a transfer. A separate arrangement will have to be made, if possible, for the transfer itself.
6. Notice specific to Software and Source Code available on the Site
6.1. Any software products that are made available on the Site, including, but not limited to, compiled libraries, archives, and executables, as well as source code files, header files, code examples, and code snippets in the technical documentation (the "Software") is the copyrighted work of Miranor, unless explicitly stated otherwise in the source code itself or in the associated documentation. Use of the Software is governed by the terms of the License Agreement, if any, which accompanies or is included with the Software. You may not use the Software that is accompanied by or includes a License Agreement, unless You first agree to the License Agreement terms. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
6.2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MIRANOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.3. MIRANOR DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USING THE SOFTWARE.
7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
7.1. YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR SOLE RISK. NEITHER MIRANOR AND ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
7.2. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
7.3. THE FOREGOING DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MIRANOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7.4. IN NO EVENT WILL MIRANOR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE MIRANOR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL THE CONTENT ON THE SITE.
7.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MIRANOR NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR NON-TIMELINESS OR NON-AUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
7.6. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PERFORMANCE OF THIS AGREEMENT MAY BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
7.7. You agree to defend, indemnify and hold harmless Miranor, its affiliates, and their respective founders, directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by You.
8. Third Party content and trademarks
8.1. SOME OF THE LINKS ON THIS SITE WILL LET YOU LEAVE THIS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MIRANOR, AND MIRANOR IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MIRANOR IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MIRANOR IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY KIND OF ENDORSEMENT BY MIRANOR.
8.2. The names of actual companies and products mentioned on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
9.1. Completeness: This Agreement and any operating rules for the Site established by Miranor constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
9.2. This Agreement shall be construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
9.3. The section headings used herein are for convenience only and shall not be given any legal import.
This agreement was last modified on: April 14th, 2014.