Curiouser Products Inc. Terms of Service
Last Updated: February 17 , 2018
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Curiouser Products Inc. (dba Mirror) (together with our affiliates, “ Mirror ”, “ we ”, or “ us ”) provides an online fitness community and related products, services, content and features through the Mirror website located at http://www.getthemirror.com , including subdomains (collectively, the “ Site ”), the interface on the interactive-enabled mirror through which our services are accessed (the “ Device ”) and through mobile and desktop or device applications (including iOS and Android applications) and Mirror-controlled social media pages (including on Facebook, Instagram, Pinterest, Quora, Reddit, Spotify and Twitter) (collectively, the “ Mirror Service ”). By registering as a member or by visiting, browsing, or using the Mirror Service in any way, you (as a “ user ”) accept these Terms of Service (the “ Agreement ”), which forms a binding agreement between you and Mirror.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 21). PLEASE READ THIS CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 21 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND MIRROR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by this Agreement, you may not access or use the Mirror Service. Certain elements of the Mirror Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Mirror Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
1. Who May Use the Mirror Service
You must be at least 18 years old to register with and use the Mirror Service. We may, in our sole discretion, refuse to offer the Mirror Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to this Agreement, and the right to access and use the Mirror Service is revoked where this Agreement or use of the Mirror Service is prohibited or conflicts with any applicable law, rule or regulation.
2. License to Use the Mirror Service
License. Subject to your compliance with this Agreement, Mirror grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Mirror Service for your own personal, non-commercial purposes. This license includes the right to view content available on the Mirror Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted in writing by an authorized representative of Mirror, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Mirror Service, nor will you take any measures to interfere with or damage the Mirror Service. You will not download and/or install any third party software and/or application on the Device that is not expressly permitted by Mirror in writing. All rights not expressly granted by Mirror in this Agreement are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
4. Membership Requirements Registration
To enjoy full access to the Mirror Service, you must register as a member of the Mirror Service and enter into a subscription agreement for access to our live and on-demand classes, one-on-one training with a personal trainer, content and features (a “ Subscription ”). Your Subscription is governed by the Subscription Terms and Conditions. You must provide complete and accurate registration information to Mirror when signing up for a Subscription, complete the Subscription process, and notify us if any of your information changes.
Profile Information and Picture. You may not use someone else's name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in Mirror’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, logout of your account after using the Mirror Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at email@example.com.
5. Membership Structure and Fees
Mirror will provide information on our then-current Subscription requirements on the Mirror Site and/or by other means through the Mirror Service. Features and prices are subject to change.
6. Sale of Products
Mirror accepts orders for the Mirror equipment, including the Device, wall mount or stand, fitness equipment, heart rate monitor, apparel or accessories that we may offer through the Mirror Site. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We may cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order and/or proof of purchase information through the Mirror Site or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about the Mirror products.
7. Term and Termination; Account Deletion
Term. This Agreement begins on the date you first use the Mirror Service and continues as long as you have an account with us and/or continue to use the Mirror Service.
Termination for Breach. Mirror may, in Mirror’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if Mirror determines that you have violated this Agreement or that your conduct or User Content would tend to damage Mirror’s reputation and goodwill. If Mirror deletes your account for these reasons, you may not re-register for or use the Mirror Service under any other user name or profile. Mirror may block your access to the Mirror Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by Mirror will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. If your account is deleted for any reason, User Content may no longer be available and Mirror is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes, one-on-one personal training, and any other content or features provided through the Mirror Service. Mirror, in our sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.
Any video, image, graphics, photos, text, audio recording, content, materials, information or other works that is submitted to the Mirror Service by or on behalf of users (“ User Content ”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Mirror Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the Mirror Service.
As between you and Mirror, you own all User Content that you submit to the Mirror Service. You grant Mirror a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Mirror Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Mirror or through the Mirror Service about improving or adding new features or products to the Mirror Service or you otherwise provide feedback or testimonials, Mirror a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.
9. Content Restrictions
You may not upload, post, submit, distribute or transmit (collectively, “ submit ”) to any portion of the Mirror Service any User Content that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
10. Code of Conduct
In using the Mirror Service, you must behave in a civil and respectful manner at all times. In addition to the restrictions in Sections 9 and 2, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others;
- Advertise or solicit others to purchase any product or service;
- Engage in any conduct that is offensive or illegal; or
- Violate any other community rules or codes of conduct that Mirror may impose.
Mirror has the right, but not the obligation, to monitor all conduct on and content submitted to the Mirror Service. Mirror may alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in Mirror’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the Mirror Service and Mirror’s systems.
11. Subscriber Interactions, Dealings with Third Parties
When interacting with other Mirror Subscribers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Mirror Service are solely between you and such third party. You agree that Mirror is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
12. Your Representations and Warranties
For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Mirror and grant the licenses set out above; (ii) Mirror will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Mirror and our directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Mirror Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.
14. Third Party Software and Applications
Downloading and/or installing any third party software and/or applications that are not expressly authorized by Mirror on the Device or any Mirror hardware is strictly forbidden; any such downloading or installation is done at your own risk and will void any applicable warranty or support commitments by Mirror.
15. Third Party Links and Content
There may be links on the Mirror Service that let you leave such service to access a linked site that is operated by a third party. Mirror neither controls nor endorses these sites, nor has Mirror reviewed or approved the content that appears on them. You acknowledge that Mirror is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites.
Mirror may update, add to, enhance, modify, remove or alter any content or features of the Mirror Service at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Mirror Service.
Mirror provides the Mirror Service on an “AS IS” and “AS AVAILABLE” basis. You use the Mirror Service at your own risk. Other than as expressly provided in writing by Mirror in connection with your purchase of a Mirror product (for example, the Device), Mirror expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law with respect to the Mirror Service. Without limiting the foregoing, Mirror makes no representations or warranties:
- That the Mirror Service is or will be permitted in your jurisdiction;
- That the Mirror Service will be uninterrupted or error-free;
- Concerning any content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the Mirror Service will meet your personal or professional needs;
- That Mirror will continue to support any particular feature of the Mirror Service; or
- Concerning sites and resources outside of the Mirror Service, even if linked to from the Mirror Service.
To the extent that another party may have access to or view content on your device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. 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 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE MIRROR SERVICE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.
17. Limitation of Liability
To the fullest extent permitted by law: (i) Mirror will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Mirror's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Mirror over the three (3) months preceding the date your first claim(s) arose.
18. Professional Advice Disclaimer / Medical Disclaimer
Professional Advice Disclaimer. THE MIRROR SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE MIRROR SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE MIRROR SITE OR HEARD ON THE MIRROR SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE MIRROR SERVICE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE MIRROR SITE OR AVAILABLE THROUGH ANY MIRROR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE MIRROR SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND MIRROR MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE MIRROR SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer. In Subscribing to or otherwise using the Mirror Service, you affirm that either your physician has approved your use of the Mirror Service or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise.
Mirror may refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
19. Intellectual Property
You acknowledge that the Mirror Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Mirror-generated content, and content provided to Mirror by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Mirror, Mirror owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Mirror Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Mirror Service, you may download copies of applications associated with the Mirror Service to devices you own or control for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Mirror Service, Mirror hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Mirror Service for your personal, non-commercial use of the Mirror Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Mirror Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Mirror name, logos and affiliated properties, designs and marks are the exclusive property of Mirror and/or our affiliates, whether registered or unregistered, and 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 as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Mirror Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Mirror Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Mirror Service. All rights not expressly granted in this Agreement are reserved.
20. Copyright / DMCA Policy
Mirror respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.
Mirror will promptly remove materials from the Mirror Site and Mirror Service in accordance with the Digital Millennium Copyright Act (“ DMCA ”) if properly notified that the materials infringe a third party's copyright. In addition, Mirror may, when appropriate, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content - for Copyright Holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Mirror Site the material that you claim is infringing may be found, sufficient for Mirror to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
You may submit this information, or any counter - notice, via:
- Email, with the subject line “DMCA Notices” to: firstname.lastname@example.org
Curiouser Products Inc.
1261 Broadway, # 208
New York, NY 10001
Attn: Legal at Curiouser Products Inc.
Mirror may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
21. Arbitration Clause & Class Action Waiver – Important – Please Review as this Affects Your Legal Rights
Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE MIRROR SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“ JAMS ”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Small Claims Court. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.
Class Action Waiver. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the Mirror Service or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.
Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 21, you must notify us in writing within 30 days of the date that you first use the Mirror Service or 30 days from the date this Section 21 was last updated (unless a longer period is required by applicable law). Your written notification must include your name and mailing address, your username and the email address you used to set up your Mirror account (if you have one), and a statement that you do not wish to resolve disputes with us through arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: Curiouser Products Inc., Attn: Dispute Resolution Opt-out, 1261 Broadway #208, New York, NY 10001. If you do not notify us in accordance with this Section 21, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to this Agreement after the date of your acceptance. If we make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects only this Agreement and not any other agreements between you and us.
Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by Mirror.
Survival. This Section 21 will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.
22. Governing Law
This Agreement will be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law that would require a different result. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of the Mirror Service must be commenced in the state or federal courts located in New York, New York, United States of America, and you consent to the jurisdiction of those courts.
23. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and will 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 Mirror in exercising any right hereunder will waive any further exercise of that right. Mirror's rights and remedies hereunder are cumulative and not exclusive.
24. Successors; Assignment; No Third Party Beneficiaries
This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without Mirror’s prior written consent. No third party has any rights hereunder. Mirror may assign our rights, obligations and/or this Agreement at any time in our sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Mirror electronically. Mirror may communicate by email or by posting to the Mirror Service. For support-related inquiries, you may email email@example.com. For all other notices to Mirror, write to the following address:
Curiouser Products Inc.
Attn: Legal Department
1261 Broadway, #208
New York, NY 10001
Nothing in this Agreement or otherwise limits Mirror’s right to object to subpoenas, claims, or other demands.
This Agreement may be modified at any time by Mirror. Any such modification will be communicated to you by, at a minimum, revising the “Last Updated” date at the top of this page. Subject to Section 21, unless otherwise specified by us, modifications will be effective as of the date they are posted to the Mirror Service.
27. Entire Agreement
This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Mirror Site from time to time:
- Subscription Terms and Conditions
If there is a conflict between any policies posted on the Mirror Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between Mirror and you and supersedes all prior agreements and understandings regarding the same.