Termini e condizioni
ACCEPTANCE OF TERMS
Bee Technology Group ("MimiHua") provides the following service to you, subject to these Terms of Service ("TOS"). MimiHua reservies the right to update these TOS at its own discretion and without prior notice. MimiHua reserves the right to take whatever action it deems necessary, including revocation of your account, for any failure to comply with the TOS.
DESCRIPTION OF SERVICE
MimiHua is a web-based service that caters to children between the ages of 4 - 12 years by allowing them to connect and communicate safely online (herein referred to as "MimiHua", or the "Service"). The Service is made available through a web browser. Once a user properly registers, they will have access to the Service including the ability to send messages and create a profile (the "Content"). This Content may reside on MimiHua's servers or on the servers of a third party.
REGISTRATION AND COPPA
You agree to indemnify and hold MimiHua, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MimiHua may be required to send you (as the parent or guardian of the user) emails regarding use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that MimiHua may establish limits concerning use of the Service and may modify these limits at any time.
MODIFICATIONS TO SERVICE
MimiHua reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that MimiHua shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that MimiHua, in its sole discretion, may terminate your account or any portion thereof and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if MimiHua believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MimiHua may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MimiHua may immediately deactivate or delete your MimiHua account and all related information and files You agree that MimiHua shall not be liable to you or any third-party for any termination of your access to the Service.
ADVERTISEMENTS AND PROMOTIONS
You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for MimiHua to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that MimiHua has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by MimiHua throughout the Service is subject to change at MimiHua's discretion.
The Service, or relevant third parties, may provide links to other web sites or resources. Because MimiHua has no control over such sites and resources, you acknowledge and agree that MimiHua is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MimiHua 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 site or resource.
You agree to follow the following guidelines for posting Content on the Service: 1. All Content posted to MimiHua in any way, is the responsibility and property of the author. MimiHua is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any Content; 2. Should any Content that you have authored be reported to MimiHua as being offensive or inappropriate, MimiHua might call upon you to retract the Content in question within a reasonable amount of time, as determined by the MimiHua staff. Should you fail to meet such a request from MimiHua staff, MimiHua may terminate your account; 3. MimiHua claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the MimiHua staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for MimiHua to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations; 4. You acknowledge that MimiHua may pre-screen Content and it and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, MimiHua and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
MIMIHUA.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All MimiHua code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MimiHua or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part. You understand that the Service is meant for children under the age of 13 years old. The Content is the sole responsibility of the person from which such Content originated. MimiHua does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be MimiHua's sole discretion as to what action should be taken but MimiHua may suspend or terminate your account immediately to protect other users. Specifically, but not solely, the following will NOT be permitted and you may NOT: 1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. Harm minors in any way; 3. Impersonate any person or entity, including, but not limited to, a MimiHua staff member, or falsely state or otherwise misrepresent your affiliation with MimiHua or any other person or entity; 4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 5. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; 7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8. "Stalk" or otherwise harass another person or company; 9. Allow usage by others in such a way as to violate MimiHua's TOS; 10. Engage in commercial activities within MimiHua or on behalf of MimiHua without prior approval. This includes, but is not limited to, the following activities: • Displaying a banner that is designed to profit you or any other business or organization; and • Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. • Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users. If MimiHua determines, in its sole and absolute discretion, that any user is in violation of the TOS, MimiHua retains the right to terminate such user's account at any time without prior notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MimiHua EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) MimiHua MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MimiHua.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MimiHua SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MimiHua HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on MimiHua are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of MimiHua's proprietary rights in them.
The TOS constitutes the entire agreement between you and MimiHua and governs your use of the Service, superseding any prior agreements between you and MimiHua (including, but not limited to, any prior versions of the TOS) and any prior representations by MimiHua. The laws of the State of Utah, U.S.A, shall govern the TOS and the relationship between you and MimiHua, without regard to its conflict of law provisions. You and MimiHua agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Whyoming, U.S.A. The failure of MimiHua to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
MimiHua may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions.