These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access our “Website” at https://www.miwuki.com and/or access, use or download the Miwuki “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application or Website. The Services may include content and media identification and exploration and, in some cases, access to related “Third Party Applications and/or Sites” that can be used in conjunction with the Services (for example, e-commerce providers, social networking sites, sites accessible via QR codes, information and access feature providers). The Services, where not specifically provided otherwise, are supplied by Miwuki SL (“we,” us,” and “our” as appropriate). We are a limited company incorporated in Murcia, Spain. You can also contact us by email email@example.com. CIF number: B73925398.
These Terms may be accessed via the Application directly from your Device or on our Website a https://www.miwuki.com. Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English version.
By using our Services, you (1) represent you are over the age of 13; and (2) agree to be bound by these Terms and any applicable laws regarding your use of Miwuki. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.
You agree to use the Services for non-commercial use and, above all, fairly. The Services are not to be used for commercial or performance monitoring purposes. Miwuki reserves the right to limit your identification attempts in any month, or cease to provide our Service to you without further notice.
We may change, suspend or discontinue any aspect of Miwuki at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at:
Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed; (b) you have noticed any defamatory content published via Miwuki; or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.
Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/ or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content”). You are responsible for all User Content, as set forth below.
You retain ownership of User Content. By sharing User Content via Miwuki (and any Third Party Application and/or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via Miwuki (and any other Third Party Applications and/or Sites). We require such a licence in order to provide certain functionality within Miwuki (and any Third Party Applications and/or Sites).
By sharing User Content within Miwuki (and any Third Party Application and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.
Information or User Content provided by other Users, including artists sharing content or commentary via Miwuki, may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right, but not the obligation, to refuse to post, remove or edit any posting or submission of User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of the Services. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on our Applications or Website.
The following is a partial list of the kind of User Content that is illegal or prohibited on Miwuki. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to Miwuki of such violators. Prohibited User Content includes content that: (i) is obscene, offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates anyone’s right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
You agree that Miwuki is not responsible for, and does not endorse, User Content posted within the Applications or on the Website. Miwuki does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for that User Content.
We will do our best to offer you a smooth service, but we give no guarantees that Miwuki will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at firstname.lastname@example.org or by using our in-app support options, and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
You acknowledge that Miwuki’s Website and Applications (and any other Third Party Applications and/or Sites) licensed by us to you are our property (or that of the relevant third party). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Miwuki or any Third Party Application and/or Site for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/or Site. You will not copy any part of Miwuki or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Miwuki or such Third Party Application and/or Site to any person.
You agree to not use Miwuki to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt Miwuki or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Miwuki; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Miwuki and/or any Third Party Applications and/or Sites.
You agree to not use Miwuki or export any portion of it in violation of U.S. export regulations.
You represent and warrant that 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 you are not listed on any U.S. list of prohibited or restricted parties.
YOUR USE OF MIWUKI IS AT YOUR SOLE RISK. MIWUKI IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) MIWUKI WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF MIWUKI WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MIWUKI WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) ANY PORTION OF MIWUKI OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION, WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Miwuki (and any other applications) which we license to you, any content delivered to you or Miwuki, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) month period or the maximum amount of fifteen dollars ($15), whichever is higher. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.
You hereby indemnify and hold harmless, and upon our request, defend, (1) us, our affiliates and their respective directors, officers and employees; and (2) providers of Third Party Applications and/or Sites, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us, our affiliates, and providers of Third Party Applications and/or Sites, as applicable, on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your reasonable direction.
Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Miwuki Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
We may at any time terminate your account or prevent you from gaining access to Miwuki. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Miwuki in any way.
“Miwuki” is a registered trademark of Miwuki SL. All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of Miwuki or their respective owners.
If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at email@example.com or via the Help pages at www.miwuki.com.
We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you; (ii) you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for us to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.
These Terms and the relationship between you and us shall be governed by the laws of England and Wales Spain without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) business days of submission, you or Miwuki may bring a formal proceeding.
You and we agree to submit to the personal and exclusive jurisdiction of the courts of Spain.
We are Miwuki Entertainment Limited, a company registered in Spain under number B73925398 and we want to bring you the best media engagement service available. To do this, we (and some of our business and advertising partners) ask for data about you and also create data about your use of Miwuki. This policy tells you what we do with that data.
We will sometimes ask you for personal data (such as your name and email address) when you create a Miwuki registration or when you click to participate in certain activities (e.g. to take advantage of offers, enter a sweepstakes, etc). We also automatically receive and track certain data about your mobile device (such as your device-type, installed software and language preference) or desktop interface, your taps and interests; and we may create a unique device or user ID for you so we can recognize you. In some cases we can automatically detect or infer your location using GPS, your IP address, watermarks and/or Bluetooth, but often your operating system will require you to grant us permission to access your GPS or Bluetooth settings; please refer to your device’s system settings regarding location services. If you connect with Facebook or another social network via the Miwuki app, we may also receive some data from that network (e.g. your Facebook ID, name, profile picture, gender, age, locale and email address).
We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
We may use your personal data for the following purposes:
(i) to provide you with services and the display of customized content, integration to our partner apps and targeted advertising both on our apps/websites and on other apps/websites that we advertise through,
(ii) to communicate with you about the Miwuki products and services, including sending marketing communications that we believe may of interest to you, and to provide assistance with customer service issues,
(iii) to determine when you link from our app to one of our partner apps or services, so that we can monitor the level of traffic that we generate for our partner apps or services,
(iv) to ensure the technical functioning of our products and services,
(v) to protect Miwuki’s copyright,
(vi) to enforce our Terms and Conditions,
(vii) to comply with laws, requests from a government bodies or courts, or to respond to litigation, and
(viii) to enable us to use a third party to measure the usage of our services by our users.
We may also encrypt and/or aggregate your data with other users’ data in order to create statistics about the general use of the Miwuki apps and websites, which helps us to develop new products and services. We may also share this aggregated data with our business partners and third party advertisers.
If you connect your Miwuki account to Facebook, Google+, or any other social network, your name and your profile picture may be shared with other Miwuki users. Further, your friends/contacts may be able to use the Miwuki apps to search for or view your Miwuki profile and the data contained therein, such as your tags and other activity including date/time. Go to the “preferences” screen to see your options to adjust the access levels to the data in your Miwuki profile but, again, if you don’t want a social network to get any access to your data, do not connect to that network via Miwuki.
In the event that ownership of Miwuki changes as a result of a merger, acquisition, or transfer to another company, your personal data may be transferred. If such a transfer results in a material change in the use of your personal data, then Miwuki will provide you with appropriate notice.
|Essential Operational||These cookies are necessary to allow us to operate the Miwuki websites and apps as you have requested. These cookies, for example, let us recognize what type of subscriber (i.e. free or paid) you are and then provide you with the services to which you are entitled.|
|Performance||These cookies are used by us or our business partners to analyse how the Miwuki websites and apps are used and how they are performing. These cookies do not let us identify users (as all user data is aggregated). They are also used to monitor when you link from our app to one of our partner apps so that we can check what levels of traffic we are generating for our partner apps.|
|Functional||These cookies let us operate certain functions of the Miwuki websites and apps in line with the choices you make. These cookies mean that we can “remember” you in-between visits – e.g. we will recognize your user name and remind you how you customised our services and what music you enjoyed on your last visit.|
|Targeting/advertising||These cookies are used by us and our business partners to send you adverts when using the Miwuki websites and apps and to target those adverts to you and your interests. In doing this our business partners may use the profiles they have developed of other apps and websites that you have previously visited. These cookies may also help us and our business partners regulate the adverts you receive and measure its effectiveness. If we let our business partners place the cookies for advertising we do not give your name, email address or phone number to those business partners.|
More information is available on the development of user profiles, the targeting of advertising and how to stop the use of “targeting” cookies. Please see www.youronlinechoices.eu if you are located in Europe or http://www.aboutads.info/choices/ if in the United States. Please note if you delete our cookies or disable future cookies you may not be able to fully use the Miwuki websites or apps. If you want to delete any cookies on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the “settings” function on your device).
We take our responsibilities to the online community very seriously. As such, if you are under the age of 13 we have to ask you not to use our apps or websites in any way. We don’t knowingly collect data from anyone under the age of 13 and we do not direct any of our products or services at this age group. If we become aware that we have inadvertently captured any personal data about a person who is under 13 years of age, then we will take the appropriate steps to shut down the account of that person.
You can update your personal data through the Miwuki apps and you can ask us about what data we are holding by sending us an email. We will do our best to respond to your request (upon verification of your identity) within a reasonable period of time.
From time to time, we, our advertisers, suppliers or other parties may conduct promotions and other activities on, through or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). Those Promotions may have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you by us or the relevant third party, as applicable, in accordance with applicable law.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. In the event of a data breach affecting personal information, we will take appropriate steps to notify details of the breach.