These Terms were last modified on September 10, 2012.
This is a legal document. Please read it carefully. It describes the terms and conditions to which you agree when you use Mirror Read Inc.’s website available at www.mirrorread.com (the “Site”) or Mirror Read Inc.’s application available at the Site for use on the iPhone (the “App”). If you do not agree to these Terms, please exit the Site and delete the App from your iPhone.
1. RIGHT TO USE
Your right to use the Site and the App is subject to any limitations, conditions and restrictions established by Mirror Read Inc. (“Mirror Read” or “we” or “us”) from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content without prior notice.
2. CODE OF CONDUCT
Your use of the Site is subject to these Terms, including the following:
(a) you will not upload any content to the Site (including any blog that the Site may host) that is offensive, defamatory, obscene or otherwise inappropriate (in Mirror Read’s sole discretion);
(b) you will not use the “Mirror Read Messaging” feature of the Site to send any messages that the recipient could reasonably construe as being obscene or inappropriate or that may be otherwise unwelcome or that could reasonably constitute harassment;
(c) you will do nothing that might cause harm to the Site, to Mirror Read’s systems or to other members’ systems, including the distribution or uploading of a virus, Trojan horse, spyware or disabling code.
3. PERSONAL INFORMATION
You are entirely responsible for taking all steps to ensure that no other person has access to your password or account without your consent. Mirror Read is not required to confirm the identity or the access rights of the user if the user enters the appropriate user name and password. If you choose to share your user name and password or your personal information with third parties, you will be liable for any actions that those third parties may take on your behalf or in your name. If you disclose your password, you may lose considerable control over your personal information and you take the risk that actions that are legally binding on you be taken on your behalf. If the security of your password has been compromised, for whatever reason, you should change it immediately.
You agree that Mirror Read may monitor all content uploaded to the Site to verify its compliance with these Terms. Mirror Read reserves the right to delete any content that does not comply with these Terms.
You agree that Mirror Read is not responsible for monitoring the entirety of the Site’s content and is under no obligation to remove any particular content. You agree to report any content that appears, on its face, to be in violation of these Terms to Mirror Read.
6. INTELLECTUAL PROPERTY
Unless otherwise indicated, all materials posted on the Site or made available through the Site or the App is and will remain Mirror Read’s sole and exclusive intellectual property. You shall neither modify, copy nor distribute any such materials without Mirror Read’s prior express written authorization.
7. NO WARRANTY
The Site and the App are provided on an “as is” basis. We do not warrant that this Site or the App will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Site or the App. To the maximum extent permitted by law, you acknowledge that the Site and the App are provided without any warranties of any kind whatsoever, either express or implied, including implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Site or the App is at your own risk.
We do not guarantee the accuracy or reliability of any content accessible through the Site or the App. You rely upon any such content at your sole risk.
8. Limitation of Liability
IN NO EVENT SHALL MIRROR READ’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU FOR THE PRODUCT PURCHASED FROM THE SITE OR THROUGH THE APP GIVING RISE TO THAT CLAIM. IN NO EVENT SHALL MIRROR READ AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR WITH MIRROR READ’S PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SITE OR THE APP, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE OR THE APP, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF MIRROR READ OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. EXTERNAL LINKS
All prices quoted are payable in Canadian dollars. Mirror Read cannot confirm the price of a product until you submit an order for the product. If the price or related information of a product on the Site or the App is incorrect due to an error in pricing or product information, Mirror Read may, at its sole discretion, refuse or cancel your order, whether before or after Mirror Read’s acceptance thereof. If there is such an error in pricing, Mirror Read will cancel your order and reverse any charges that have been applied, then contact you to ask you place a new order for the product at the correct price.
11. PRODUCT AVAILABILITY
The availability of certain products available for sale on the Site or through the App may be limited, and products may not be available for immediate delivery. Mirror Read may revise or cease to make available any products at any time without prior notice. If Mirror Read is unable to deliver you a product ordered due to a lack of availability, Mirror Read will notify you via e-mail and your order will be automatically cancelled with respect to the unavailable product. Mirror Read reserves the right to contact you in order to allow you to maintain your order subject to a revised delivery time if and when the product becomes available.
12. PAYMENT TERMS
Terms of payment shall be determined at Mirror Read’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Mirror Read. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
13. Shipping and Taxes
Where applicable, Mirror Read will ship the products ordered by you according to the delivery method you have chosen and to the address indicated in the order confirmation screen. DELIVERY TIMES PROVIDED BY MIRROR READ ARE ESTIMATES ONLY. MIRROR READ SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR COSTS RESULTING FROM ANY DELAYS IN DELIVERY.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable sales taxes. Separate charges for shipping and handling and taxes will be shown on the order confirmation screen for each order, as applicable. You are responsible for all sales, use, goods and services, and other taxes and duties associated with the order.
You agree to indemnify us, our officers, directors, employees, shareholders and agents, from any loss or damages, including reasonable legal fees, which we may suffer from your activities on or use of the Site or the App, including your breach of these Terms. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Mirror Read hereby grants you a non-exclusive, worldwide, non-transferable, royalty-free license to use, for your own personal use and not commercially, any e-book (“Digital Content”) or App lawfully obtained from us. For greater certainty, no sale, rental, leasing, distribution, broadcasting or sublicensing of any Digital Content or App or any portion thereof is authorized under this license.
You may not remove any proprietary notices or labels on the Digital Content. In addition, you may not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect the Digital Content.
You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble an App, whether in whole or in part, create any derivative works from or of the App, or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the App or any mechanisms operatively linked to the App, including, but not limited to, augmenting or substituting any digital rights management functionality of the App.
We may amend these Terms at any time. Upon making such a change, we will post a revised version on the Site and we may seek to obtain your consent to the Terms as amended.
17. CHOICE OF LAW, ASSIGNMENT, SEVERABILITY
These Terms are governed by the laws of the province of Quebec and the laws of Canada applicable therein. You irrevocably agree to submit all disputes arising out of these Terms to Quebec courts, judicial district of Montreal.
Mirror Read may unilaterally assign any or all of its rights and duties hereunder to any third party. Any such assignment will relieve Mirror Read of its obligations hereunder.
Each provision of these Terms is separate and distinct and, if a provision of these Terms is determined to be invalid, illegal or unenforceable, all other provisions will remain in full force and effect.
18. CHOICE OF LANGUAGE
Les parties expriment leur volonté que ces termes, ainsi que les documents qui s’y rattachent, soient rédigés en anglais. The parties agree that these terms, as well as all documents relating thereto, be drafted in English.