TERMS OF SERVICE
Effective Date: October 1, 2017
Last Updated Date: October 1, 2017
Arbitration notice: Except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and Mimic will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
You must be at least 13 years old to use the Service.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Mimic prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Mimic upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Mimic users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Mimic.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Mimic users.
You must not use domain names or web URLs in your username without prior written consent from Mimic.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Mimic page is rendered or displayed in a user's browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Mimic account by contacting us via email email@example.com. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Mimic is not responsible or liable for the conduct of any user. Mimic reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Mimic does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Mimic is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Mimic has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Mimic Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Mimic's express consent).
Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Mimic may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Although it is Mimic's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Mimic reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Mimic, including, without limitation, in order to comply with certain legal obligations. Consequently, Mimic encourages you to maintain your own backup of your Content. Mimic will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is Mimic's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Mimic does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Mimic is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people's rights, and expect you to do the same.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties; Limitation of Liability; Waiver
The service is provided on an “As Is”, “As Available” and “With All Faults” basis. No warranty whatsoever, expressed or implied, is granted by Mimic. Use entirely for your own benefit and at your own risk. All content posted or actions of others are their sole responsibility. To the maximum extent permitted by law, you cannot hold Mimic, their employees, shareholders, affiliates or others related to Mimic liable for any damages or lost data.
To the fullest extent permissible by law, neither Mimic nor any of their affiliates, employees, managers, officers or agents (collectively, the “Mimic Parties”) make any representation or warranties or endorsements of any kind whatsoever, express or implied, as to the Service, user content, or security associated with the transmission of information to Mimic or via the Service. In addition, the Mimic Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Mimic Parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. You acknowledge that your use of the service is at your sole risk.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
The Mimic parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Under no circumstances will the Mimic Parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the Service and any and all actions associated with the Service.
You agree that in the event you incur any damages, losses or injuries that arise out of Mimic’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Mimic Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Mimic Parties.
Mimic is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
This arbitration agreement will survive the termination of your relationship with Mimic.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Mimic must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
We are a company headquartered in the United States and all legal matters will be handled in this jurisdiction, regardless of where you may be using Mimic.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mimic to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Mimic provides.