This website www.mirada.com ("Site") is operated by Mirada LLC ("Mirada"). This page (together with the documents referred to on it) tells you the terms of use ("Terms") on which you may make use of Mirada's Site, whether as a guest or a registered user. Please read these terms carefully before you use the Site. By using Mirada's Site, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, please refrain from using Mirada's Site. Mirada reserves the right in Mirada's sole discretion to modify, alter or otherwise change these Terms and you agree to be bound by such modifications, alterations or changes. Mirada will post changes here, so check back periodically. Your continued use of this Site after the posting of any change in the Terms shall constitute your acceptance to be bound by any such changes. Please also review the Site's Privacy Policy.
The materials accessible on or through the Site, including, without limitation, text, images, photographs, games (including all aspects of such games, such as their virtual environments, if any, avatars available and/or customized within such games, and items and objects available within such games) and the general design of the Site (collectively, "Materials") are protected by trade dress, copyright, patent, moral rights, trademark and other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by Mirada and its licensors. Subject to your compliance with the terms and conditions of the Terms, and solely for as long as you are expressly permitted by Mirada to access the Site, Mirada hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access, display and use the Site, solely for your personal, non-commercial purposes. Except as expressly set forth herein, the Materials may not, except under written license from an authorized representative of Mirada, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under United States copyright and other relevant laws. You hereby acknowledge and agree that, as between you and Mirada, Mirada owns all right, title and interest in and to the Site and the Materials, and that all rights in and to the Site and the Materials not expressly granted in this Agreement are reserved by Mirada and no additional licenses are granted or implied hereunder.
The trade names, trademarks and service marks owned by Mirada, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Mirada trade names, trademarks or service marks without Mirada's express prior written consent. Those trade names, trademarks and service marks that appear on the Site and that are not owned by Mirada, are the property of their respective owners.
You agree not to use the Site for any unlawful purposes and not to violate Mirada's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the Site by other members, including without limitation by attempting to access administrative areas of the Site. You agree to report any violation of these Terms by others that you become aware of. You are advised that Mirada will aggressively enforce its rights to the fullest extent of the law.
Access to Mirada's Site is permitted on a temporary basis, and Mirada reserves the right to withdraw or amend the service Mirada provides on Mirada's Site without notice. Mirada will not be liable if for any reason Mirada's Site is unavailable at any time or for any period. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Mirada's security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Mirada has the right to disable any user identification code or password, whether chosen by you or allocated by Mirada, at any time, if in Mirada's opinion you have failed to comply with any of the provisions of these Terms. From time to time, Mirada may restrict access to some parts of Mirada's Site, or Mirada's entire Site, to users who have registered with Mirada. You are responsible for making all arrangements necessary for you to have access to Mirada's Site. You are also responsible for ensuring that all persons who access Mirada's Site through your internet connection are aware of these Terms, and that they comply with them. Mirada aims to update Mirada's Site regularly, and may change the content at any time. If the need arises, Mirada may suspend access to Mirada's Site, or close it indefinitely. Mirada may add, change, discontinue, remove or suspend any of the Site at any time, without notice and without liability. Any of the material on Mirada's Site may be out of date at any given time, and Mirada is under no obligation to update such material.
You agree not to do any of the following while using the Site, including any forum(s), bulletin boards, chat rooms or other interactive areas that may be offered on the Site ("Forums") contained therein:
Mirada does not endorse the any content or materials in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content or material provided through the Forums. By posting or uploading content and/or materials to the Forums or submitting any other content and/or materials to Mirada, you automatically grant (or warrant that the owner of such rights has expressly granted) Mirada a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such content and/or materials into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Information disclosed in the Forums is by design revealed to the public. Mirada reserves the right, but is not obligated, to delete, move or edit content or disclose the contents of messages, in whole or in part, submitted by you to the Site for any reason in Mirada's sole discretion, including, without limitation, when Mirada is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Mirada or to protect the safety of Mirada's users or the public. In no event does Mirada assume any obligation to monitor the Forums or remove any specific material You agree to indemnify Mirada for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any content and/or materials to the Forums or submitting any content and/or materials to Mirada, or your failure to comply with the above guidelines.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU AGREE THAT MIRADA AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Mirada makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site and/or the content or Materials contained therein. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Mirada. Views and opinions of users of this Site do not necessarily state or reflect those of Mirada. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site.
The Internet may be subject to breaches of security. Mirada is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Mirada any information. Mirada makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MIRADA AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIALS IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR MIRADA'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MIRADA'S DEFENSE OF ANY CLAIM. MIRADA RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF MIRADA.
Whenever you make use of a feature that allows you to upload material to Mirada's Site, or to make contact with other users of Mirada's Site, you must comply with the standards set out in these Terms. You warrant that any such contribution does comply with these Terms, and you indemnify Mirada for any breach of that warranty. Any material you upload to Mirada's Site will be considered non-confidential and non-proprietary, and Mirada have the right to use, copy, distribute and disclose to third parties any such material for any purpose. Mirada also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Mirada's Site constitutes a violation of their intellectual property rights, or of their right to privacy. Mirada will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Mirada's Site. Mirada has the right to remove any material or posting you make on Mirada's Site if, in Mirada's opinion, such material does not comply with the standards set out in these Terms.
Mirada respects the intellectual property of others and Mirada asks Mirada's users to do the same. In accordance with the Digital Millennium Copyright Act, Mirada has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Mirada's Copyright Agent may be reached at by mailing:
4235 Redwood Ave. Los Angeles, CA 90066 Attention: Copyright Agent.
If you believe that anything on the Site or Forums infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Mirada's Copyright Agent the following information in writing (see 17 U.S.C. ยง 512(c)(3) for further detail):
While Mirada looks forward to collaborating with and supporting artists, creators and filmmakers, Mirada operates exclusively by referral and has a policy that neither it nor any of its employees or representatives accept unsolicited material, submissions or solicitations of any work, idea, creative material, concept or other information (each, an "Unsolicited Submission") and Mirada assumes no obligation, either express or implied, with respect to any Unsolicited Submission, work, idea, creative material, concept or other information submitted by you. Accordingly, you may not use this Site or information obtained there from to submit Unsolicited Materials to Mirada via any means (including, without limitation, via mail, fax or e-mail). Please be advised that should you nevertheless contravene this express prohibition by sending Unsolicited Materials to Mirada, the Unsolicited Materials will not be considered by anyone at Mirada, and if possible they will be returned to you with no copies kept or destroyed at Mirada's discretion. Unsolicited Materials will not be forwarded to or discussed with any third parties.
In the event that you submit any Unsolicited Materials, work, idea, creative material, concept, or other information to Mirada in violation of the previous sentence, you hereby grant to Mirada (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, use and/or exploit in any way your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall be subject Mirada to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Mirada shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by you. You hereby release Mirada, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with any Unsolicited Submission and/or Mirada's or any other Mirada entity's use or disclosure of the Unsolicited Submission.
Mirada may provide links from or to other websites maintained by third parties (e.g., Twitter, Amazon, Facebook, iTunes, etc.). Mirada has not reviewed or endorsed these linked web sites, and you hereby acknowledge and agree that Mirada shall not be responsible for the content, products or services offered on such websites. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products or services obtained from the Site or any linked websites. You acknowledge and agree that Mirada does not endorse or control such websites, and Mirada is not and shall not be responsible or liable for any links from those websites to the Site, any content, products or other materials available on or through such other websites, or any loss or damages incurred in connection with such content, products, materials or websites.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE.
Other websites may provide links to the Site with or without Mirada's express or implied authorization. We do not endorse any such website, and are not and shall not be responsible or liable for any links from any such website to Mirada's Site, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. Mirada shall have the right, at any time and in its sole discretion, to block links to Mirada's Site through technological or other means without prior notice.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Site's practices governing your personal information are disclosed in its Privacy Policy The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information.
If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. Mirada may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
The Site is controlled and operated by Mirada from the United States, and is not intended to subject Mirada to the laws or jurisdiction of any state, country or territory other than those of the United States. Mirada does not represent or warrant that the Site or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. Mirada may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction Mirada choose, at any time and in Mirada's sole discretion.
No software from the Site may be downloaded, exported or re-exported: (i) into (or to a national or resident of) any countries that are subject to United States export restrictions; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
Mirada will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Mirada. Mirada reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party. Upon termination of your membership or access to the Site, or upon demand by Mirada, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that Mirada will aggressively enforce its rights to the fullest extent of the law. Mirada, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Site; (ii) acting in violation of these Terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass Mirada its representatives or any other individual in any manner related to the Site.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
If you have any questions, comments or concerns about our Site or these Terms, you may contact us by mail at
4235 Redwood Ave. Los Angeles, CA 90066
The effective date of these Terms is December 7, 2011
© 2011 Mirada LLC. All rights reserved.