Mighty Audio, Inc. ("us", "we", or "our") operates http://www.bemighty.com (the "Site") and the Mighty mobile app (the “Services”). Mighty Audio, Inc. is committed to protecting your privacy. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site and the Services.
We use your Personal Information only for providing and improving the Site and the Services. By using the Site and/or the Services, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Site or Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your first and last name, email, password, shipping and billing address. ("Personal Information")
General Use. We may use your Personal Data in the following ways:
- facilitate the creation of and secure your Account on our network;
- provide improved administration of our Site and Services;
- provide the Services;
- improve the quality of experience when you interact with our Site and Services;
- send you e-mail notifications regarding your order
- send you administrative e-mail notifications, such as security, or support and maintenance advisories
- respond to your inquiries related to employment opportunities or other requests; and
- contact you with newsletters, marketing or promotional materials and other information.
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data") and Services. This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, Internet Service Provider, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use this information to analyze trends, administer the Site and Services, track users’ movements around the Site and Services, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site and Services again, it will recognize you and the information could then be used to serve information appropriate to your interests.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data. You may prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout/.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.bemighty.com website or Mighty mobile app (the "Services") operated by Mighty Audio, Inc. ("us", "we", or "our"). Your access to and use of the Site and Services is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Site or Services. By accessing or using the Site and Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or Services. Your continued use of the Site and Services will be deemed to be your agreement to be bound by these Terms.
You are solely responsible for protecting the security and confidentiality of your information. You are solely responsible for any and all access to, and activities performed on our Site and Services including but not limited to, all transmissions with your personal information, or any other breach or threatened breach of the sites security of which you become aware. We will not be liable for any harm related to disclosure of your information or the use by anyone else of your personal information. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site and Services including but not limited to, all transmissions with your username and password, or any other breach or threatened breach of the sites security of which you become aware. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Mighty or our providers.
We may require you to update your information if we believe your account is no longer secure. We may refuse registration, cancel an account or deny access to the Site or Services for any reason.
Termination of Accounts
We may terminate or suspend access to our Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links To Other Web Sites
Our Site and Services may contain links to third party web sites or services that are not owned or controlled by Mighty Audio, Inc. Mighty Audio, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mighty Audio, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code, widgets and animation found on the Site and Services (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to Mighty Audio, Inc., and except as expressly provided in these Terms, no part of the Site and Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Mighty Audio, Inc.. Mighty Audio, Inc. may change the Content and features of the Site and Services at any time.
Use of the Site, Services and License Grant
Subject to these Terms, Mighty Audio, Inc. hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site and Services and its Contents only if, as a condition precedent, you agree that you will not:
- Use the Site and Services or any Content in violation of any applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence;
- Use the Site and Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mighty or the rights of others;
- Resell for commercial purposes Content obtained through use of the Site;
- Modify, copy, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or any Content, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site and Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- Attempt to gain unauthorized access to any portion or feature of the Site, Services, or any other systems or networks connected to the Site or to any Mighty server, or to any of the services offered on or through the Site and Services, by hacking, password “mining” or any other illegitimate means;
- Probe, scan or test the vulnerability of the Site and Services or any network connected to the Site, nor breach the security or authentication measures on the Site and Services or any network connected to the Site and Services;
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Mighty to its source, or exploit the Site or Services or information made available or offered by or through the Site and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site and Services;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and Services or any systems or networks connected to the Site and Services;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and Services or any transaction being conducted on the Site and Services, or with any other person’s use of the Site and Services;
- Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and
- Post, send, submit, publish, or transmit in connection with the Site and Services any material that:
- You do not have the right to post, including proprietary material of any third party, such as files containing software or other third party material protected by intellectual property laws (or by rights of privacy or publicity);
- Violates or may violate any law, advocates illegal activity or discusses an intent to commit an illegal act;
- Does not pertain directly to the Site or its services;
- Threatens or abuses others, libels, defames, invades privacy, stalks, or is obscene, pornographic, vulgar, indecent, racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Includes programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or network;
- Disobeys any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks related to the Site; or contains links to other websites or software containing content that falls within the descriptions set forth above.
Disclaimer of Warranties and Limitation of Liability
We hereby disclaim any and all warranties and representations with regard to the Site, Services, and Content, including but not limited to, the warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose, and any warranties arising from a course of dealing or usage of trade. The Site, Services, and Contents are provided “as is” and without any warranties of any kind. You agree that you use the Site, Services, and Content entirely at your own risk. Mighty Audio, Inc. is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Site, Services or Content. If you are dissatisfied with the Site, Services, or the Content, your sole remedy is to discontinue using the Site and Services. Without limiting the foregoing, we make no warranties of the following:
- That the Site and Services will meet your requirements;
- That the Site and Services will be uninterrupted, timely, secure or error free;
- That the Site and Services will be free of viruses or other harmful or malicious code; and
- That any errors on this Site and Services will be promptly corrected.
In no event shall Mighty Audio, Inc., its affiliates, officers, directors, employees and agents, or any third-party involved in the creation and maintenance of the Site, Services and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, including damages to, or viruses that may infect, your computer equipment on account of your access to or use of the Site and Services. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for direct, incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the lesser of one hundred dollars or the lowest amount permitted by applicable law.
As noted above, we reserve the right to terminate your access, or suspend any user’s access to all or part of the Site and Services without notice or recourse, for any conduct that Mighty believes is in violation of any applicable law or of these Terms, or that Mighty believes to be harmful to the interests of another user, a service provider, Mighty Audio, Inc. or its affiliates.
You will indemnify, defend and hold Mighty Audio, Inc., its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach by you of this Agreement, including any use of the Site and Services other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend and hold the Indemnified Parties harmless for any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's’ fees in connection therewith. You will also indemnify, defend and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site and Services. This paragraph shall survive the termination of this Agreement.
These Terms shall be governed and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services, and supersede and replace any prior agreements we might have between us regarding the Site and Services.
By continuing to access or use our Site and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and Services. If you have any questions about these Terms, please contact us.