Mirrorsize provides website features and other products and services to you when you visit at www.Mirrorsize.com, use the Mirrorsize mobile applications or other services, or use software provided by Mirrorsize in connection with any of the foregoing (collectively, the "Services"). Mirrorsize provides the Services subject to the following terms and conditions (together with any documents referred to in them) (collectively, the "Terms of Service"). By using the Services, you accept these Terms of Service, so please read them carefully. We are operated by Mirrorsize US Inc. and its subsidiaries and company's under the same management (herein "Mirrorsize") and throughout these Terms we will use Mirrorsize, us or we to refer to Mirrorsize and its affiliated entities and services collectively.
You may not use the Services if you do not accept the Terms. If you do not accept and agree to these Terms, please do not access the Site or use the Services. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Mirrorsize, or (b) you are a person barred from receiving the Services under the laws of any or other countries including the country in which you are resident or from which you use the Services.
Mirrorsize reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
Acceptance of Terms
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with using our Services.
Visiting http://www.Mirrorsize.com, opening the Mirrorsize mobile applications or sending emails to Mirrorsize constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.
>Mirrorsize grants you a limited non transferable license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site, for the purpose of managing social media campaigns. All rights to use the Site and Services are provided on a non exclusive basis. Mirrorsize reserves the rights to terminate your license to use the Site and Services at any time and for any reason or, in the future, charge for commercial usage.
By using the Services, you represent and warrant that (a) you are not a minor; and (b) your use of the Services does not violate any applicable law or regulation. Your account may be terminated without warning, if we believe that you are a minor, if we believe that you are a minor and you represent yourself as an adult, or if we believe you are an adult and represent yourself as a minor.
When you sign up to Mirrorsize, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Mirrorsize immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You are solely responsible for your use of the Site and Services. Because Mirrorsize merely serves as a repository of information, customer & user posted content does not represent the views or beliefs of Mirrorsize, and Mirrorsize makes no claim of accuracy of any customer & user posted material.
Mirrorsize archives links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Mirrorsize. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
Links to Third Party Sites / Third Party Servicesy
Our Services may contain links to other websites or services ("Linked Sites"). The Linked Sites and its contents are not under the control of Mirrorsize and Mirrorsize 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. Mirrorsize is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mirrorsize of the site or any association with its operators. When you link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Certain services made available via our Services are delivered by third party sites and organizations. By using any product, service or functionality originating from Mirrorsize, you hereby acknowledge and consent that Mirrorsize may share such information and data with any third party with whom Mirrorsize has a contractual relationship to provide the requested product, service or functionality on behalf of Mirrorsize users and customers.
Confidential Information and Non-Disclosure
The term "Confidential Information" shall include all information provided by Mirrorsize to you, or your affiliates, employees, officers, directors, agents or representatives, including without limitation, the Web Site and any and all of Mirrorsize's design specifications, drawings, written manuals, software programs, business plans, financial information, technical and marketing information and evaluations, service plans and customer information designated orally or in writing as confidential or otherwise which by its nature should be considered confidential. For purposes herein, Mirrorsize shall be deemed the "Disclosing Party" and you shall be deemed the "Receiving Party." Confidential Information shall not include information which can be demonstrated: (a) to have been rightfully in the possession of the Receiving Party from a source other than the Disclosing Party prior to the time of disclosure of said information to the Receiving Party ("Time of Disclosure"); (b) to have been in the public domain prior to the Time of Disclosure; (c) to have become part of the public domain after the Time of Disclosure by a publication or by any other means, except an unauthorized act or omission or breach of this Agreement on the part of the Receiving Party, or its employees; (d) to have been supplied to the Receiving Party after the Time of Disclosure without restriction by a third party who is under no obligation to the Disclosing Party to maintain such information in confidence; (e) to be required to be disclosed by law or court order, provided that the Receiving Party shall provide the Disclosing Party with prompt notice sufficient for the Disclosing Party to have a reasonable opportunity to prevent such disclosure and shall use best efforts to limit the information to be disclosed, or (f) to have been independently developed by the Receiving Party, provided that any persons developing same have not had access to Confidential Information and have written evidence demonstrating such independent development.
If the Receiving Party or any of its affiliates, employees, officers, directors, agents or representatives shall attempt to improperly use or knowingly disclose any of the Confidential Information, the Disclosing Party shall have the right, in addition to such other remedies which may be available to it, to injunctive relief enjoining such acts or attempts; it being acknowledged that legal remedies are inadequate.
Cookies and Other Storage Technologies policy
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as "cookies".
When you visit and login our website, you can browse the website and access important information without revealing your full identity. In order to improve our website, we use "'cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables Mirrorsize to record your passwords, measurement data, your photos and videos, your preferences and other relevant data.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)
Cookies help us provide, protect and improve the Mirrorsize Services to provide a safer experience. While the cookies that we use may change from time to time as we improve and update the Mirrorsize Services, they generally fall into the below categories of use:
Security, site and product integrity
Measurement, preferences, advertisement
Site features and services
Analytics and research
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. Mirrorsize US Inc., and its subsidiaries (herein "Mirrorsize") have a zero-tolerance spam policy.
2. Spam filtering
Mirrorsize messaging systems automatically scan all incoming email and other messages and filter out messages that appear to be spam.
We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.
3. Spam filtering issues
a. No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by our systems. If you believe this has happened to a message you have sent, please advise the message recipient by another means.
b. You can reduce the risk of a message being caught by the spam filters by: sending the message in plain text (i.e. no HTML), removing any attachments, avoiding the terminology and text styling typically used by spammers and ensuring that your messages are scanned for malware before dispatch.
4. User spam
a) Mirrorsize provides a facility that enables users to send email messages OR private messages OR Confidential messages to others. Users are strictly prohibited not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.
b) Full provisions concerning the use of our messaging facility are set out in our website terms and conditions of use.
5. Receipt of unwanted messages from Mirrorsize
In the unlikely event that you receive any message from Mirrorsize or sent using Mirrorsize's systems that may be considered to be spam, please contact Mirrorsize using the details below and the matter will be investigated.
Mirrorsize may amend this policy at any time by publishing a new version on our website.
7. Our details
This website is owned and operated by Mirrorsize US Inc., having principal place of business is at 626 White Pine Rd, Franklin Lakes, NJ 07417. You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact us; or
(c) by telephone and fax on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
Principal Customer- Warranty; Limitation of Liability
Mirrorsize warrants that it has the right to provide the body measurement, draping and other fashion advisory services. No other warranties are made and no responsibility or liability will be accepted by mirrorsize with respect to the body measurement, draping and other fashion advisory services. All body measurement, draping and other fashion advisory services are provided "as is".
The warranty set forth in section 4.1 is a limited warranty and it is the only warranty made by mirrorsize under this agreement. mirrorsize expressly disclaims, and customer hereby expressly waives, all other warranties express or implied, including warranties of merchantability and fitness for a particular purpose or use. mirrorsize does not warrant that the services will meet customer's requirements or will be uninterrupted or error-free, or that errors will be corrected. mirrorsize's limited warranty is in lieu of all liabilities or obligations of mirrorsize for damages arising out of or in connection with the services provided under this agreement. Except for the above limited warranty, the entire risk of the body measurement, draping and other fashion advisory services is with customer.
In no event shall mirrorsize be liable to customer, its employees, agents or any other third parties for any indirect, incidental, consequential, special, punitive or exemplary damages or losses, including without limitation loss of use, loss of or damage to records or data, cost of procurement of substitute goods, services or technology, revenue and/or profits, sustained or incurred regardless of the form of action, whether in contract, tort or otherwise, including without limitation negligence, strict liability, indemnity or otherwise, and whether or not such damages were foreseen or unforeseen and regardless of whether mirrorsize had received notice or had been advised, or knew or should have known, of the possibility of such damages or losses. Without limitation of the foregoing, mirrorsize's maximum liability for any and all losses or damages (including without limitation any legal fees or expenses) incurred by customer in connection with this agreement shall not exceed the fees for the campaign management services (and any additional services, if applicable) actually paid to mirrorsize by customer during the twelve (12) month period immediate preceding the event creating such liability. In no event shall mirrorsize be liable for any claim that arose more than one (1) year prior to the institution of a suit thereon.
Customer of Customer – No Warranty; Limitation of Liability
Mirrorsize provides the site and services "as is" and without any warranty or condition, express, implied or statutory. mirrorsize specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. Some states do not allow the disclaimer of implied warranties, so the foregoing discleimer may not apply to you. You undersatnd and agree that you use the site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall mirrorsize be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not mirrorsize has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or services or with mirrorsize shall be to terminate use of this site and services. Some states do not allow the exclusion of liability for incidental or consequential damages, so the aboveexclusions may not apply to you.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of our Services, you warrant to Mirrorsize that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, data, results, ideas, plans, sketches, links, as well as the compilation thereof, and any software used on the Services, is the property of Mirrorsize or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Mirrorsize content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mirrorsize and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mirrorsize or our licensors except as expressly authorized by these Terms.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties.
Anything that you submit or post in the Services and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, Submissions) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You represent and warrant that you own or otherwise control all of the rights in and to the Submissions that you post and have the right to grant Mirrorsize the license granted herein.
We do not undertake to and are not responsible for screening, policing, editing or monitoring Submissions, and cannot ensure prompt removal of objectionable material after it has been posted. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Submissions, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Submissions from the Services.
The Services are controlled, operated and administered by Mirrorsize from our offices within the USA and in India. If you access the Service from a location outside the USA and India, you are responsible for compliance with all local laws. You agree that you will not use the Mirrorsize Content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Mirrorsize reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mirrorsize as a result of this agreement or use of the Services. Mirrorsize's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mirrorsize's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Mirrorsize with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mirrorsize with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mirrorsize with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Mirrorsize reserves the right, in its sole discretion, to change the Terms under which our Services are offered. The most current version of the Terms will supersede all previous versions. Mirrorsize encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Services following the posting of revised Terms or other policies means that you accept and agree to the changes.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Mirrorsize in English at info@Mirrorsize.com.
Digital Millennium Copyright Act
Mirrorsize respects the intellectual property of others, and we ask our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user accounts. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. Your letter (with your personal information removed) may be forwarded to Chilling Effects for publication and a link to your published letter may be displayed on Mirrorsize in place of the removed content.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail only–not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must provide the URL to each Mirrorsize page that allegedly contains infringing material.
3. Provide your address, telephone number, and email address such that Mirrorsize can contact you.
4. Provide information, if possible, sufficient to permit Mirrorsize to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address (contact us):
Mirrorsize welcomes your questions or comments regarding the Terms:
Mirrorsize US Inc., 626 White Pine Rd Franklin Lakes, NJ 07417
Email Address: email@example.com
Telephone number: +1 732-369-6885
December 25, 2017