Terms of Use

Last modified October 29, 2015 

1. Binding Contractual Terms

By using the website of Mamiye Brothers, Inc. (“Mamiye” or “We”), or any other website operated by Mamiye and containing a link to these terms of use  (the “Website”), including all Content (as defined below) available through the Website, or by accessing, downloading, or using any associated content provided by Mamiye (collectively the “Service”), the person or entity downloading or using the Service (“You”) signifies (a) that You have read and understood these Terms of Use (which include the Privacy Policy, and (b) that these Terms of Use have the same force and effect as a signed agreement. The Service is provided by Mamiye, a company registered in New Jersey. 

You affirm that You are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  In addition, You affirm that You have not been previously suspended or removed from the Service.

ATTENTION:  PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY,WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SERVICE.  ACCESSING, USING OR DOWNLOADING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SERVICE.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service.  You agree that Mamiye will not be liable to You or any third party in the event that we exercise our right to modify or discontinue the Service (or any portion of the Service).  Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms of Use.

We may change these Terms of Use at any time.  Please review the Terms of Use each time You visit the Service.  BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections  4, 6, 8, 10-12, and 16.  Please review those sections (and all of the other terms) carefully.

2. Privacy Policy

Our Privacy Policy describes the information Mamiye collects when You and others use the Service. It also describes how Mamiye uses any personal information You share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

3. Links to and From the service

The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Mamiye. Mamiye has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators.  In addition, Mamiye will not and cannot control or edit the content of any third-party website or online service.  BY USING THE SERVICE, YOU EXPRESSLY RELEASE MAMIYE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE MAMIYE PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY.   Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with Mamiye in writing, You may link to the Website from Your website, subject to the following:  (1) You may not frame the Website or any portion of the Website; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Mamiye name and not any Mamiye logo or other logo owned by Mamiye; (4) You may not use any Mamiye logo in any way; (5) You may not use the link in any way that suggests that Mamiye is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Mamiye or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.

4.     Restrictions on Use of the Service

In Your use of the Service, You will not:

  • use the Service for any purpose other than for using the features we intentionally make available to You;

  • transmit or submit any information that Mamiye, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;

  • use the Service if You are under the age of 13;

  • copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Mamiye;

  • alter, modify or make derivative works from any part of the Service without the prior written authorization of Mamiye;

  • provide false personal information (including Your birth date) or create an account for anyone other than Yourself (or Your child, in the case of a parent or legal guardian granting consent for the child to use the Website) without permission;

  • create another account without our permission, if we have disabled Your account;

  • share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;

  • assign or transfer Your account or login information to anyone;

  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;

  • use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;

  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;

  • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;

  • impersonate or misrepresent any person or entity or Your affiliation with someone else;

  • collect personally-identifiable information of other users;

  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;

  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;

  • solicit other users to join, become members of, or contribute money to any online service or other organization;

  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;

  • stalk or otherwise harass any person or entity; or

  • harm minors in any way.

Mamiye may, at its sole discretion, disable or terminate the accounts of any users for any reason, including, but not limited to, the accounts of users who violate these Terms of Use. Mamiye will fully cooperate with any law enforcement authorities or court order requesting or directing Mamiye to disclose the identity of anyone violating these Terms of Use.

5. User Submissions

The Service may permit the submission of material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions). You understand that whether or not such User Submissions are published or posted, Mamiye (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

You shall be solely responsible for Your own User Submissions and the consequences of sharing them. By submitting User Submissions to Mamiye, You hereby grant Mamiye and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Mamiye’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels.

In connection with User Submissions, You represent and warrant that You will not transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit or post the material and to grant Mamiye all of the license rights granted herein. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, submitting, or posting User Submissions.  Mamiye does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mamiye expressly disclaims any and all liability in connection with User Submissions. 

6. Intellectual Property

Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs,interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mamiye, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Mamiye owns the copyright in the selection, coordination, arrangement and enhancement of the Content.  Any unauthorized use of any materials on the Service may violate copyright, trademark, and other laws.   

For Your personal use, You may view, copy, and print pages from the Service.  Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mamiye reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Mamiye in writing.  You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Mamiye.  You may not build a business using the Content, whether or not for profit.  If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.

7. Advertisements/Release

Mamiye takes no responsibility for advertisements or any third party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with profiles or other Content on the Service (“Advertisers”).  Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Mamiye is not liable for any loss or claim that You may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE MAMIYE PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

8. Warranties

You warrant and represent to Mamiye as set out below:

a)     The information provided to Mamiye in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to Mamiye, is true in all respects, up-to-date and not misleading in any way.

b)     You will keep the information referred to in paragraph (a) up to date.

c)      You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity.

d)     You will comply with all applicable laws and regulations in Your use of the Service.

e)     You will keep Your log-in details and password secure and will not share such information with third parties.

9. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. THE MAMIYE PARTIES GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE MAMIYE PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE MAMIYE PARTIES RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE MAMIYE PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE MAMIYE PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT;  THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT SERVICE ERRORS WILL BE CORRECTED; THAT THE SERVICE IS PCI COMPLIANT; OR THAT YOUR USE OF THE SERVICE DOES NOT VIOLATE LOCAL, STATE OR FEDERAL LAWS. THE MAMIYE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. 

10. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MAMIYE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE MAMIYE PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE MAMIYE PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (4) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR EMAIL ADDRESS.

IF THE MAMIYE PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE MAMIYE PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE MAMIYE PARTIES.

11. Limitations on Liability

IN NO EVENT SHALL THE MAMIYE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE MAMIYE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 

THE MAMIYE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE MAMIYE PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF MAMIYE’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) THIRD PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAMIYE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

THE MAMIYE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

THE MAMIYE PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.  The Service is controlled and offered by Mamiye from its facilities in the United States of America.  Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts, or electronic or communication network breakdowns (“Force Majeure Events”).

12. Equitable Relief

If You violate these Terms of Use then we may seek injunctive relief or other equitable relief.

13. Subpoena Fees

If Mamiye has to provide information in response to a subpoena related to Your account, then we may charge You for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

14. Assignment

The Terms of Use, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Mamiye’s prior written consent, but may be assigned by Mamiye without restriction and without notice to You.

15. Class Action Wavier

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.  YOUR ACCESS TO AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

16. Export Control

Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls.  You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside. 

17. General

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.  Mamiye and You do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Mamiye, You, and their successors and assigns.  No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the Parties.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mamiye’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  You agree that the Service shall be deemed solely based in New York, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the Mamiye Parties in jurisdictions other than New York.  These Terms of Use are governed by United States and New York law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the courts of New York, New York in relation to any dispute between them arising out of the subject matter of these Terms of Use.

 

Official Giveaway Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.

 

Eligibility: This giveaway is open to legal residents of the United States who are 13 years of age or older. Anyone between the ages of 13 and 17 or who is under the age of majority in their State of residence (a “Minor”) must obtain the permission of his or her parent or legal guardian (“Guardian”) to enter. Employees, officers, directors, agents, and representatives of Sponsor and their immediate family members and those living in their households are not eligible to enter or win. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.

 

Sponsor: The Giveaway is sponsored by Mamiye Brothers, Inc., 1385 Broadway, 18th Floor New York, NY 10018 (“Sponsor”).

 

Agreement to Official Rules: By participating in this giveaway (the “Giveaway”), entrants (or the Guardian, in the case of a Minor) agree to abide by the terms and conditions thereof as established by Sponsor. Sponsor reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation as established by Sponsor.

 

Giveaway Period: The giveaway begins on April 1, 2018 at 10:00 AM Eastern Time and ends on April 7, 2018 at 5:00 PM Eastern Time (“Giveaway Period”). Entries received before or after the Giveaway Period are void. Sponsor’s computer is the official time-keeping device for the Giveaway.

 

How to Enter: During the Giveaway Period, visit instagram.com and either (a) log in to your Instagram account or (b) create a free Instagram account if you do not already have one (please note that you must agree to Instagram’s terms and conditions). To enter, (1) Follow @littleme on Instagram, (2) like the post relating to the giveaway entry, and (3) comment on the post by tagging a friend (“Entry”). Limit one Entry per person. All Entries must be complete and received before the end of the Giveaway Period to be eligible for the prize drawing. No Entries will be returned. Anyone found to use multiple accounts to enter will be ineligible. Use of computer programs and/or other automated devices to enter the Giveaway is prohibited. Normal internet access and device usage charges imposed by your on-line service may apply.

 

Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Giveaway; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent an entrant’s ability to participate in the Giveaway.

Sponsor reserves the right, in its sole discretion, to cancel or suspend this Giveaway and award a prize from Entries received up to the time of termination or suspension should virus, bugs or other causes beyond Sponsor’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the giveaway or proper submission of Entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Giveaway.

 

Selection of Winner: The Prize Winner will be selected by a random drawing within 2 days of the closing of the Giveaway Period. The odds of winning depend on the number of entries received.

 

Notification of Potential Prize Winner: The Prize Winner will be notified via Instagram Direct Message within 24 hours of the selection date. If the Prize Winner does not acknowledge acceptance of the Prize within 10 business days after being notified that he or she is the Prize Winner, another Prize Winner will be chosen using the same procedure specified above.

 

Requirements of Prize Winner: Sponsor may require the Prize Winner (or the Guardian, in the case of a Minor) to sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, and provide a valid email address, as a precondition to award of the Prize. If the Prize Winner (or the Guardian, in the case of a Minor) fails to sign and return the requested documents to Sponsor, or provide such email address, that Prize Winner may be disqualified, and the Prize will thereafter be awarded to an alternate, Prize Winner from the remaining valid entries using the procedure specified above.

 

Prize: 1 winner will receive a gift basket containing newborn essential apparel. The estimated retail value of the prize is $250 USD. Styles will vary based on availability. Taxes, if any, are the sole responsibility of the Prize Winner. Sponsor makes no warranties or disclaimers concerning the Prize beyond those customarily given by the manufacturer of the Prize. Sponsor reserves the right to substitute a different Prize of approximately equivalent value in its sole discretion.

 

Prize Delivery: The Prize will be delivered to each prize winner at a United States mailing address to be provided by such prize winners.

 

Privacy: By entering, all entrants (or the Guardian, in the case of a Minor) consent to the use by Sponsor of all the information provided in the entries for marketing and/or sales promotional purposes without any attribution, identification, right of review or compensation. Information submitted with an entry will be subject to Sponsor’s Privacy Policy: https://www.littleme.com/pages/privacy-policy.html.

 

RELEASE AND PUBLICITY: ENTRANTS (OR THE GUARDIAN, IN THE CASE OF A MINOR) AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND INSTAGRAM AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND

ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE GIVEAWAY. ENTRANTS (OR THE GUARDIAN, IN THE CASE OF A MINOR) AGREE THAT NEITHER SPONSOR NOR INSTAGRAM IS LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN THIS GIVEAWAY AND ACCEPTANCE, POSSESSION AND USE OF ANY PRIZE. SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE GIVEAWAY OR IN THE ANNOUNCEMENT OF THE PRIZE. BY RECEIPT OF THE PRIZE AND BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, EACH WINNER (OR THE GUARDIAN, IN THE CASE OF A MINOR) CONSENTS TO THE USE OF HIS OR HER NAME, AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED. NO ENTRIES WILL BE RETURNED. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR.

 

DISPUTES: EACH ENTRANT (OR THE GUARDIAN, IN THE CASE OF A MINOR) AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS GIVEAWAY, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT, TO TAKE PLACE IN NEW YORK, NY; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT (OR THE GUARDIAN, IN THE CASE OF A MINOR) HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE GIVEAWAY, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK.

 

INSTAGRAM: YOU (OR THE GUARDIAN, IN THE CASE OF A MINOR) ACKNOWLEDGE THAT THE GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. ANY INFORMATION YOU PROVIDE IS TO SPONSOR AND NOT TO INSTAGRAM.

 

Giveaway Results and Official Rules: To obtain the identity of the Prize Winner and/or a copy of these Official Rules, send a self-addressed stamped envelope to Paula Gallo, Mamiye Brothers, Inc., 1385 Broadway, 18th Floor New York, NY 10018.