PLEASE READ THIS DOCUMENT CAREFULLY. The Miles Group (“TMG,” “we,” or “us”) offers proprietary video content through its website located at Miles-Group.com (the “TMG Site”) and mobile application (collectively, the “TMG Service”). By registering as a member or by using the TMG Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and TMG. If you do not wish to be bound by this Agreement, do not use the TMG Service.
- Who May Use the TMG Service
- License to Use the TMG Service
- Subscriptions and Purchases
- Term and Termination; Account Deletion
- Limitation of Liability
- General Provisions
1. Who May Use the TMG Service
AGE REQUIREMENT: You must be at least 13 years old to use the TMG Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the TMG Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the TMG Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the TMG Service. If your child is using the TMG Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the TMG Service is appropriate for your child, please contact us.
2. License to Use the TMG Service
LICENSE:. Subject to the terms and provisions set forth herein, TMG grants to you a non-exclusive, royalty-free limited license (the “Limited License”), solely to allow you to use the TMG Service to access, use, view and consume the video presentations, summaries and other materials provided by the TMG Service (collectively the “Licensed Materials”). You shall not at any time: (a) modify the Licensed Materials, (b) assign, pledge, sublicense, commercialize, create derivative works of, or grant any rights in the Licensed Materials to any other person or entity, (c) copy or otherwise reproduce or redistribute all or part of the Licensed Materials, (d) use the Licensed Materials to train any person, or (e) otherwise use the Licensed Materials in contradiction of this Agreement.
RESTRICTIONS: Except as expressly permitted by TMG in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TMG Service. Nor will you take any measures to interfere with or damage the TMG Service. All rights not expressly granted by TMG are reserved.
MOBILE APP: Your use of the TMG Service through one of our mobile applications is also subject to our Mobile App Addendum.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
4. Registered User
REGISTRATION: To fully use the TMG Service, you must register as a User by providing a user name, password, and valid email address. You must provide complete and accurate registration information to TMG and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the TMG Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
The payment, cancellation, refund and renewal provisions related to subscriptions or purchases shall be governed by separate agreement.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the TMG Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the TMG Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: TMG may suspend, disable, or delete your account (or any part thereof) if TMG determines that you have violated any provision of this Agreement. If TMG deletes your account for the foregoing reasons, you may not re-register for the TMG Service. TMG may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by TMG will terminate. Sections 7 and 8 shall survive termination.
You will indemnify, defend, and hold harmless TMG and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the TMG Service; or (ii) assert a violation by you of any term of this Agreement.
TMG reserves the right to modify the TMG Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TMG Service.
TMG provides the TMG Service on an “as is” and “as available” basis. You therefore use the TMG Service at your own risk. TMG expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TMG makes no representations or warranties:
- That the TMG Service will be permitted in your jurisdiction;
- That the TMG Service will be uninterrupted or error-free;
- That the TMG Service will meet your business or professional needs;
- That TMG will continue to support any particular feature of the TMG Service; or
- Concerning sites and resources outside of the TMG Service, even if linked to from the TMG Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TMG Service, and no warranties shall apply after such period.
9. Limitation of Liability
To the fullest extent permitted by law: (i) TMG shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) TMG’s total liability to you shall not exceed the amounts paid by you to TMG over the twelve (12) months preceding your claim(s).
10. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the TMG Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, TMG and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TMG in exercising any right hereunder will waive any further exercise of that right. TMG’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TMG’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TMG electronically. TMG may provide all such communications by email or by posting them on the TMG Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to TMG at the following address:
The Miles Group
630 Fifth Avenue, Suite 3210
New York, New York 10111
Attention: Legal Department
Nothing herein shall limit TMG’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TMG on the TMG Site or a written amendment signed by an authorized representative of TMG. A revised Terms of Service will be effective as of the date it is posted on the TMG Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between TMG and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
TMG iOS App End User License Addendum
Last Updated: February 24, 2016
This TMG iOS App End User License Addendum (“Mobile Addendum“) is between you and The Miles Group, LLC (“TMG“) and governs your use of TMG’s mobile application for iOS (the “TMG iOS App”). This Mobile Addendum is an addendum to TMG’s Terms of Service.
- Parties. This Mobile Addendum is between you and TMG only, and not Apple, Inc. (“Apple“). TMG, not Apple, is solely responsible for the TMG iOS App and its content. Although Apple is not a party to this Mobile Addendum, Apple has the right to enforce this Mobile Addendum against you as a third party beneficiary relating to your use of the TMG iOS App.
- Terms of Service. To use the TMG iOS App, you must be a registered user at www.miles-group.com. In doing so, you must accept TMG’s Terms of Service.
- Limited License. Subject to the terms and provisions set forth herein, TMG grants to you a non-exclusive, royalty-free limited license (the “Limited License”), solely to allow you to use the TMG Service to access, use, view and consume the video presentations, summaries and other materials provided by the TMG Service (collectively the “Licensed Materials”). You shall not at any time: (a) modify the Licensed Materials, (b) assign, pledge, sublicense, commercialize, create derivative works of, or grant any rights in the Licensed Materials to any other person or entity, (c) copy or otherwise reproduce or redistribute all or part of the Licensed Materials, (d) use the Licensed Materials to train any person, or (e) otherwise use the Licensed Materials in contradiction of this Agreement.You may only use the TMG iOS App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
- Warranty. The TMG iOS App are provided for on an “as is” basis. As such, TMG disclaims all warranties about the TMG iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, TMG, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support. Because the TMG iOS App is free to download (you must be a registered user, at www.miles-group.com for use), TMG does not provide any maintenance or support for them. To the extent that any maintenance or support is required by applicable law, TMG, not Apple, shall be obligated to furnish any such maintenance or support.
- Third Party Intellectual Property Claims. TMG shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the TMG iOS App. To the extent TMG is required to provide indemnification by applicable law, TMG, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the TMG iOS App or your use of it infringes any third party intellectual property right.
- Product Claims. TMG does not make any warranties concerning the TMG iOS App. To the extent you have any claim arising from or relating to your use of the TMG iOS App, TMG, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the TMG iOS App fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Mobile Addendum shall be deemed an admission that you may have such claims.
- U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Contact Information. Should you have any questions, complaints, or claims relating to the TMG iOS App, please contact us at email@example.com.
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