MIMATEAM LLC (“MIMATEAM”) provides its services through VITTA-SMILE.COM and any other website for which MIMATEAM owns the domain registration (the “Site”), its proprietary video viewing platform and the services made available by MIMATEAM therein, including the “MIMATEAM Network,” and certain mobile applications that allow you to access the MIMATEAM services and to buy MIMATEAM’s products (collectively, the “Service”) through registered access to account.
1. Acceptance of the TOU
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase MIMATEAM products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.
These TOU comprise also
Terms of sale
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that MIMATEAM provides to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
MIMATEAM is not responsible for any modification or damage to, or loss of any programs, data, or other information stored by MIMATEAM , or stored or hosted by us in connection with a Service MIMATEAM provides.
THE MIMATEAM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MIMATEAM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
MIMATEAM ‘S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER MIMATEAM NOR MIMATEAM ‘S EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE PRODUCT IS LIMITED.
WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.
Software is made available “as is”. MIMATEAM makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.
MIMATEAM PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF:
- (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE
- (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN MIMATEAM UNLESS MIMATEAM AUTHORISED SUCH MODIFICATION
- (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE
- (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY MIMATEAM . MIMATEAM PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR
- (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED
- (II) OPERATION OF SOFTWARE TO BE ERROR FREE
- (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS
- (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY MIMATEAM
NOTICE REGARDING VITTA SMILE PRODUCTS EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY. Your use of certain Vitta Smile product and Software is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. MIMATEAM IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITES.
PLEASE NOTE: THE ABOVE LIMITED WARRANTY PROVISIONS WILL NOT APPLY VITTA SMILE PRODUCT YOU PURCHASE IN THOSE JURISDICTIONS IN WHICH VITTA SMILE PRODUCT WARRANTIES ARE THE RESPONSIBILITY OF THE LOCAL DISTRIBUTOR FROM WHOM VITTA SMILE PRODUCTS ARE ACQUIRED. IN SUCH CASE, PLEASE CONTACT YOUR VITTA SMILE PRODUCT DEALER FOR APPLICABLE WARRANTY INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIMATEAM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.
LICENSE AND INTELLECTUAL PROPERTY
You agree that MIMATEAM owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Products, including, but not limited to trademarks, copyrigts, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer the Products, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed by the Product or their packaging and related materials. MIMATEAM reserves all rights in the Products, webpages and Services not specifically granted to you under these Terms.
MIMATEAM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services and Software. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by MIMATEAM or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MIMATEAM without express written consent. You may not use any meta tags or any other “hidden text” utilizing MIMATEAM name or trademarks without the express written consent.
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These TOU are effective unless and until terminated by either you or MIMATEAM . You may terminate these TOU at any time by notifying us that you no longer wish to use MIMATEAM ‘S Services, or when you cease using MIMATEAM ‘S sites.
If in MIMATEAM ‘S sole judgment you fail, or MIMATEAM suspects that you have failed, to comply with any term or provision of these TOU, MIMATEAM also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU and any related Terms and policies operating rules posted by MIMATEAM on this site or in respect to The Service constitutes the entire agreement and understanding between you and MIMATEAM and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).
Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.
These TOU and any related Terms and policies as well as separate agreements whereby MIMATEAM provides you Services shall be governed by and construed in accordance with the laws of Slovenia, with competent court in Ljubljana.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the TOU at any time at this page.
MIMATEAM reserves the right, at it’s sole discretion, to update, change or replace any part of these TOU by posting updates and changes to MIMATEAM’s websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to MIMATEAM website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.