Mimi's Terms and Conditions
The terms were written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
The Summary
You should read these terms and conditions in full because they apply every time you visit Mimi, and it is our terms of service that governs our relationship with users and others who interact with Mimi, as well as Mimi brands, products and services, which we call the "Mimi Services" or "Services". By using or accessing the Mimi Services, you agree to these Terms. However, just in case you ever need a reminder of the main points, here’s a quick basic Terms:
1. You will not use Mimi Services if you are under 18.
2. We’re not responsible for anything that you post or say while you are on Mimi and we don’t monitor the content of the app, but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.
3. If you are concerned about how your data is being used by Mimi, then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Mimi. By using Mimi, you agree that we can use such data in accordance with our Privacy Policy.
4. You will not use Mimi to do anything unlawful, misleading, malicious, or discriminatory.
The full legal bit
Mimi is a free social app that provides social networks, chat, live broadcast, so you agree that you will only use Mimi in a manner consistent with its purpose and which is in accordance with these terms and conditions.
The terms apply whenever you use Mimi, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Mimi (the "Services") you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS, THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
5. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Mimi to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
6. Sharing Your Content and Information
You are able to post all kinds of things ("Content") on Mimi. You own all of the content and information you post on Mimi, and you can control how it is shared through your "Privacy" and "Application Settings". While there are some rules about what is acceptable though, so when you are using Mimi you should not post or send any Content which:
(1). contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
(2). is obscene, pornographic or otherwise may offend human dignity;
(3). is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
(4). encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, hateful content or the submission of which in itself constitutes committing a criminal offence;
(5). is defamatory;
(6). relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
(7). involves the transmission of "junk" mail or "spam";
(8). contains any spyware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Mimi or otherwise;
(9). itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
(10).shows drugs or drug use;
(11).shows political content;
(12). shows another person which was created or distributed without that person’s consent;
(13). other contents that in the judgement of Mimi are negative contents or otherwise not suitable for distribution; or
(14). contains the information, comments or any other forms of content about a person who is under 18 years old.
(15). We always appreciate your feedback or other suggestions about Mimi, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Please use common sense when picking the Content that you choose to post on or send via Mimi because you are solely responsible for, and bear all liability in relation to, such Content.
7. Protecting Other People's Rights
We respect other people's rights and do our best to keep Mimi safe, and expect you to do the same.
(1). You will not post content or take any action on Mimi that infringes or violates someone else's rights or otherwise violates the law.
(2). We can remove any content or information you post on Mimi if we believe that it violates these Terms or our policies.
(3). If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
(4). If you repeatedly infringe on other people's intellectual property rights, we will disable your account when appropriate.
(5). You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.
(6). If you collect information from users, you will: obtain their consent, make it clear you (and not Mimi) are the ones collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
(7). You will not post anyone's identification documents or sensitive financial information on Mimi.
(8). You will not tag users or send email invitations to non-users without their consent.
8. Registration and Account
Mimi users require nick name, age, gender, avatar and other optional information, and we need your help to keep it that way. We provide three ways to access Mimi, Facebook, Google and SMS. Here are some commitments you make to us relating to registering and maintaining the security of your account:
(1). You will not use Mimi if you are under 18.
(2). You will not transfer your account to anyone without first getting our written permission.
(3). You will not provide any false personal information on Mimi, or create an account for anyone other than yourself without permission.
(4). If we disable your account, you will not post any content on Mimi except contact with official assistant which we called "Mimi Team".
(5). We reserve the right to destroy or ban your account if we believe it is appropriate.
Termination
If you violate the Terms, or otherwise create risk or possible legal exposure for us, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
(1). suspend or revoke your registration (where applicable) and your right to access and/or use Mimi or submit any Content to Mimi; and
(2). make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to Mimi and/or your Profile is to be or has been suspended or terminated.
If you have registered on Mimi, you can terminate your registration at any time by going to the "Settings" control on Mimi when you are logged in and choosing the "Delete Account" link. We save your profile information in case you later decide to restore your account. Many users deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to Mimi. You will therefore be able to restore your account and your profile in its entirety within 30 days of de-activating it. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to Mimi. For further details, please refer to our Privacy Policy. Content that you have uploaded to Mimi, other than your Profile (such as Moments or Comments or Contact), may still appear on Mimi following termination of your registration.
In App Purchase and Subscription
In App Purchases. From time to time, Mimi may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms ("in app purchases"). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in-app purchases.
What can I buy in Mimi?
Mimi offers you the opportunity to pay for certain services offered on the site. Mimi’s VIP services include various opportunities to find and meet additional people, to customise your profile and to boost your profile so more people find you. Mimi also offers the ability to play various games on the site. All of these VIP services can be purchased after you register, and you may subscribe to the VIP services for various lengths of time. Once you have paid for any VIP services, they are non-refundable. You can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
Subscription Tips
(1). Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period;
(2). Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal;
(3). Subscriptions can be managed by the user: auto-renewal can be turned off by going to the user‘s Account Settings after purchase;
(4). No cancellation of the current subscription is allowed during active subscription period.
Virtual Currency
(1). Mimi offers a feature allowing users to purchase virtual currency which we called "Mimi Coins" for use within the Service (i.e. as a "tip" to another Mimi Broadcaster for their live show, or send gifts to your friends on chat). You acknowledge and agree that your distribution of any coins currently in your account, as a virtual "tip" to any other user's account, is made solely at your own discretion; you further understand that once you have confirmed a transfer of coins to another user's account, the action cannot be undone and the coins can not be withdrawn.
(2). Coins are virtual assets which can be got by online payments such as credit card/ debit card/ bank transfer/ wallet/ Google Payments/ iTunes Payments and so on.The value (i.e. the exchange rate) of the coins, method of payment, and any other terms and conditions for granting the coins will be determined by Mimi based on your country of origin, and Mimi further reserves the right to modify the purchase exchange rate between actual currency and virtual coins from time to time, with or without reason, in its sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any coins at the time of your purchase.
(3). Your use of any coins purchased shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times.Coins may not be exchanged or used for cash, property or other economic gain other than the services and contents designated by Mimi. The number of coins required for receiving the services or contents, as well as other terms for the exchange of coins, will be determined by Mimi and indicated on the services or on platform.
(4). You understand that the purchase of coins requires actual money, and that such actual currency is obtained by lawful means without any dispute, and that it will not now or in the future be associated with any criminal conduct or proceeds. If you disagree with any part of, or do not fully understand our exchange rate policy, or can not guarantee the source of your current currency, please refrain from purchasing or using any coins in connection with the service.
(5). You understand that Mimi may change, modify or update these Terms of Use, or the terms of sale in connection with the Coins from time to time, and that such revised terms will apply to all subsequent purchases of any Coins, and you agree that you will review these Terms of Use and any terms regarding the sale of Coins prior to making any purchase.
(6). If your account is terminated by Mimi for cause, any outstanding coins remaining in your account at the time of termination may be confiscated and will not be recoverable in Mimi's sole and absolute discretion.
(7). Coins will not be refunded or disputed for any reason whatsoever; provided, however, that this shall not apply if necessary under applicable laws and regulations. In such cases, Mimi shall determine the process for refunds or dispute resolution in accordance with the relevant laws and regulations, and such information will be made available on the Platform, etc..In general, if a refund or dispute request is filed, the ID and the Device will be banned forever, and the diamonds which are generated by the coins also will be deducted.
Advertising/Promotions
Some of the Mimi Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Mimi may place such advertising and promotions on the Mimi Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Abuse/Complaints
You can report any abuse or complain about Content on Mimi. We provide "Block" and "Report" function for user to help us keep Mimi clean and safe. You can report a user directly from a profile, by clicking the "Report" on their profile, choosing the reason for the complaint. You can also report a moment directly by clicking the "Report" on moment detail page, choosing the reason for the complaint. All the report will be verified by our "Audit Team" and make corresponding process according to the actual situation based on our policies. If you believe we process it by mistake, we will provide you with an opportunity to appeal via "Feedback" contact@Mimichat.com. We will always try our best to help resolve any issue that you may encounter with our service.
Proprietary Rights in Content on Mimi
(1). Mimi does NOT claim ANY ownership rights in the text, files, img, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Mimi Services. By displaying or publishing ("posting") any Content on or through the Mimi Services, you hereby grant to Mimi a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Mimi Services.
(2). You represent and warrant that: (i) you own the Content posted by you on or through the Mimi Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Mimi Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of Content you post on or through the Mimi Services.
(3). The Mimi Services contain Content of Mimi ("Mimi Content"). Mimi Content is protected by copyright, trademark, patent, trade secret and other laws, and Mimi owns and retains all rights in the Mimi Content and the Mimi Services. Mimi hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mimi Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Mimi Services.
(4). The Mimi Services contain Content of Users and other Mimi licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Mimi Services.
(5). Mimi performs technical functions necessary to offer the Mimi Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Mimi Services.
(6). Although the Site and other Mimi Services are normally available, there will be occasions when the Site or other Mimi Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Mimi. Also, although Mimi will normally only delete Content that violates this Agreement, Mimi reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Mimi in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Mimi encourages you to maintain your own backup of your Content. In other words, Mimi is not a backup service. Mimi will not be liable to you for any modification, suspension, or discontinuation of the Mimi Services, or the loss of any Content.
Disclaimer of warranties and limitation of liability
To the fullest extent permitted by law, Mimi expressly excludes:
(1). all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(2). any liability incurred by you arising from use of Mimi, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Mimi has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Mimi. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labor problems or any act of god in connection with Mimi including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Indemnity
You agree to defend, indemnify and hold harmless Mimi, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mimi Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Mimi Service.
Amendments
We reserve the right to make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. We may provide notice on the Website if we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement.
About us
Mimi app and Website owned and operated by Mobile Alpha Limited. Thank you for supporting us. If you have any questions, complaints or claims with respect to the Terms or Mimi Services, they should be directed to Mimi via contact@Mimichat.com.