Terms and Conditions
Thank you for using the MiJay ("MiJay", "We", "Our") software application (the "MiJay software"), and any other mobile or web services or applications owned, controlled, or offered by MSDC Development (collectively, the "MiJay services"). Subscribers, customers, users, and others who download, access, use, and/or subscribe to the MiJay services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use. If you do not agree to the terms and conditions, please stop using MiJay services. The agreement constitutes a binding contract between you and MiJay. You may receive a copy of this agreement by contacting us, using the subject: Terms of service agreement. You also agree that the information you provide to MiJay upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify MiJay if your email address changes.
Please read the following terms and conditions of service carefully. By accessing, browsing and/or using the MiJay services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the MiJay registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the "agreement").
When you register as a member you will be asked to provide a PIN. As you will be responsible for all activities that occur under your PIN, you should keep your PIN strictly confidential at all times. MiJay uses push notification services to deliver forgotten PINs.
If you are under 18, please review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the MiJay registration process. If you are a parent or guardian entering this agreement for the benefit of a child, then you agree to and accept full responsibility for that child's use of the MiJay service, including all financial charges and legal liability that he or she may incur. We do not currently charge for any services.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this agreement or any guidelines at any time. Please check this agreement and all guidelines periodically for changes. Your continued use of the MiJay services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this agreement or any guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on MiJay services.
The MiJay services are intended only as personal, music and location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the MiJay services could lead directly to death, personal injury, or severe physical or property damage. MiJay is not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use - other products exist today that may be used specifically for these purposes.
The MiJay services are owned and operated by MSDC development. The MiJay software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the MiJay services (collectively, the "materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained in the MiJay services are the property of MiJay or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the MiJay services are proprietary to MiJay or its affiliates and/or third-party licensors. Except as expressly authorized by MiJay, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials.
You agree to pay any fees due for and incurred by your use of the MiJay services. Any payments and fees for your purchase and use of the MiJay services may be managed by your mobile carrier. Please refer to your mobile carrier's regular billing statement for charges related to the MiJay services, and contact your mobile provider directly with any questions or comments related to these fees. If your mobile provider notifies MiJay that your account is past due, then your MiJay services subscription may be deactivated without notice to you. If you wish to discontinue using the MiJay services, then you may cancel your MiJay services subscription by contacting us.
You understand and hereby acknowledge and agree that you may not and warrant that you will not use the MiJay services or any location information displayed within the MiJay services to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about other, include offensive or pornographic materials in your MiJay services personal profile page, use the MiJay services for any commercial or non-private use, it being understood that the MiJay services are for personal, non-commercial use only, use the MiJay services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control, make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the MiJay services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MiJay services accounts of other users, share MiJay-issued PINs or access to your mobile device while MiJay is running and accessible with any third party or encourage any other user to do so, misrepresent the source, identity or content of information transmitted via the MiJay services, remove, circumvent, disable, damage or otherwise interfere with security-related features of the MiJay services, features that prevent or restrict use or copying of any content accessible through the MiJay services, or features that enforce limitations on use of the MiJay services,
MiJay reserves the right, but has no obligation, to have our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, MiJay also reserves the right to disable any user's use of or access to the MiJay services and the location information or profiles of other users, for any reason and without any notice.
You alone are responsible for your involvement with other users. MiJay reserves the right, but has no obligation, to monitor disagreements between you and other users.
MiJay does not control the content of user accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the MiJay services.
Please note: MiJay reserves the right to refuse access to any user, for any reason and without any notice.
The MiJay services allow the submission of content and materials (such as comments, ideas, notes, concepts, or creative suggestions) by you and other users ("user submissions"), and the hosting, sharing and/or publishing of such user submissions. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize MiJay to use, all intellectual property and any other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the MiJay services and this agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submissions in the manner contemplated by the MiJay services and this agreement. For clarity, you shall retain all of your ownership rights in your user submissions.
By submitting user submissions to MiJay, you hereby grant MiJay a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, user submissions in connection with the MiJay services and MiJay's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MiJay services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the MiJay services a non-exclusive license to access your user submissions through the MiJay services, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the MiJay services and under this agreement.
You understand that when using the MiJay services you will be exposed to user submissions from a variety of sources, and that MiJay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MiJay with respect thereto.
MiJay assumes no responsibility whatsoever in connection with or arising from user submissions. MiJay assumes no responsibility for actively monitoring user submissions for inappropriate content. If at any time MiJay chooses, in its sole discretion, to monitor user submissions, MiJay nonetheless assumes no responsibility for the content of the user submissions, no obligation to modify or remove any inappropriate user submissions, and no responsibility for the conduct of the user submitting user submissions. Further, MiJay does not endorse and has no control over the content of user submissions submitted by other users. MiJay makes no warranties, express or implied, as to the content of user submissions or the accuracy and reliability of any user submissions. Nonetheless, MiJay reserves the right to prevent you from submitting user submissions and to edit, restrict or remove user submissions for any reason at any time.
The MiJay services may include links to other web sites or services solely as a convenience to users. MiJay does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, MiJay makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MiJay services are solely between you and such advertiser. You agree that MiJay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MiJay services.
Parties other than MiJay may provide services or sell products via the MiJay services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. MiJay does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
In addition, even if MiJay handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and MiJay will have no liability with respect thereto.
To use the MiJay software you must have a mobile device that is compatible with the MiJay services. MiJay does not warrant that the MiJay services will be compatible with your mobile device or the version of software running on your device.
MiJay hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the MiJay software as follows: you may use the MiJay software for one MiJay services subscription account (a "subscription account" is comprised of the shared resources accessible by a single login id) on one mobile device owned or leased solely by you, for your personal use or multiple apple devices granted the application is downloaded to each device individually.
You may not: (i) modify, disassemble, decompile or reverse engineer the MiJay software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the MiJay software to any third party or use the MiJay software to provide time sharing or similar services for any third party; (iii) make any copies of the MiJay software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MiJay software, features that prevent or restrict use or copying of any content accessible through the MiJay software, or features that enforce limitations on use of the MiJay software; or (v) delete the copyright and other proprietary rights notices on the MiJay software.
With respect to any open source or third-party code that may be incorporated in the MiJay software, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code.
The foregoing license grant under this agreement is not a sale of the MiJay software or any copy thereof and MiJay or its third party partners or suppliers retain all right, title, and interest in the MiJay software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this agreement, is void. MiJay reserves all rights not expressly granted under this agreement.
Government end users. If this MiJay software is being acquired on behalf of the United States government, then the following provision applies. Use, duplication, or disclosure of the MiJay software by the u.s. Government is subject to restrictions set forth in this agreement and as provided in dfars 227.7202-1(a) and 227.7202-3(a) (1995), dfars 252.227-7013(c)(1)(ii) (oct 1988), far 12.212(a) (1995), far 52.227-19, or far 52.227-14 (alt iii), as applicable.
The MiJay software originates in the United States, and is subject to United States export laws and regulations. The MiJay software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the MiJay software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the MiJay software and the MiJay services.
You agree that MiJay, in the good faith belief that you have violated any of the terms and conditions of this agreement, MiJay may terminate any account or subscription (or any part thereof) you have with the MiJay services or use of the MiJay services and remove and discard all or any part of your account or any user submission, at any time. You agree that any termination of your access to the MiJay services or any account you may have or portion thereof may be effected without prior notice, and you agree that MiJay will not be liable to you or any third-party for any such termination. MiJay does not permit copyright infringing activities on the MiJay services, and reserves the right to terminate access to the MiJay services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MiJay may have at law or in equity.
The MiJay services and any third-party software, services, or applications made available in conjunction with or through the MiJay services are provided "as is" and without warranties of any kind either express or implied. MiJay, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
MiJay and its suppliers and partners do not warrant that the functions contained in the MiJay services will be uninterrupted or error-free, that defects will be corrected, or that the MiJay services or the server that makes them available are free of viruses or other harmful components.
MiJay, and its suppliers and partners do not warrant or make any representations regarding the use or the results of the use of any location information or the MiJay services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not MiJay or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the MiJay services. You understand and agree that you download or otherwise obtain material or data through the use of the MiJay services at your own discretion and risk.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to indemnify, defend, and hold MiJay, its affiliated companies, and its suppliers and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the MiJay services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this agreement, or (d) your use the MiJay services to meet another user in-person or to locate and attend any offline place or event. MiJay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will MiJay or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the MiJay services; (c) the MiJay services generally or the MiJay software or systems that make the MiJay services available; or (d) any other interactions with MiJay or any other user of the MiJay services, even if MiJay or a MiJay authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall MiJay's (or its affiliates, contractors, employees, agents, suppliers, or third-party partners') total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the MiJay services (whether in contract, tort (including without limitation negligence), warranty, or otherwise exceed the amounts paid by you for accessing the MiJay services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars, whichever is greater.
The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than MiJay and received through or advertised on the MiJay services or received through any links provided on the MiJay services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, you agree that MiJay's liability will be limited to the extent permitted by law.
It is MiJay's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, MiJay will promptly terminate without notice the accounts of users that are determined by MiJay to be "repeat infringers." a repeat infringer is a user who has been notified by MiJay of infringing activity violations more than twice and/or who has had a user submission removed from the MiJay service more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any MiJay service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing MiJay's designated copyright agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable MiJay service are covered by a single notification, a representative list of such works on the applicable MiJay service;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MiJay to locate the material;
Information reasonably sufficient to permit MiJay to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
MiJay's designated copyright agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at MiJay. For clarity, only DMCA notices should go to the MiJay designated copyright agent. Any other feedback, comments, requests for technical support or other communications should be directed to MiJay customer service through mijay.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Governing law. This agreement shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to any principles of conflicts of law.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this agreement.
Notices. MiJay may provide you with notices, including those regarding changes to this agreement, by email, regular mail or postings, including push notifications, on the MiJay services. Notice will be deemed given twenty-four hours after email is sent, unless MiJay is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the MiJay services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the MiJay services are deemed given and binding 30 days following the initial posting.
This agreement and related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by MiJay without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and the exhibits of this agreement hereby survive any termination of this agreement or any termination of your use of or subscription to the MiJay services.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this agreement or guidelines made by MiJay as set forth above.
You and MiJay agree that any cause of action arising out of or related to the MiJay services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The services above and within are offered by MSDC development located at 20522 Oak Farm, San Antonio, TX 78258.
By accepting the terms and conditions, you acknowledge that you have received and that you have read this agreement and agree to all of the provisions contained above.
