Miuchiz.com
Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE ("MIUCHIZ.com" or the "Website"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS STATED IN THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. BY USING THIS WEBSITE, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF USE.

By using this Website, you agree to be legally bound by these Terms of Use. If you do not agree with any of these Terms of Use, please do not use this Website. Sections of this Website may be subject to additional terms, which you should carefully review before using those sections; such terms will not replace or change these Terms of Use regarding use of the Website except when expressly stated otherwise.

MGA Entertainment, Inc. ("MGA") reserves the right, in its sole discretion, to modify, update or otherwise revise these Terms of Use at any time by revising this posting, and without other notice to you. Your continued use of the Website following the posting of such changes will mean your irrevocable acceptance of those changes. MGA reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Website and/or any content, software, facilities and services on this Website, with or without notice, and/or to establish general guidelines and limitations on their use.

Children 13 years and younger must obtain verification from a parent or legal guardian (each, a "Parent") in order to register for, and use, the Website. Unless we have received acceptable parental consent governing your use of the Website, we will assume (and by using the Website you represent and warrant) that you are of sufficient age and mental capacity and otherwise have the legal capacity to enter into these Terms of Use.

ONLINE PRIVACY NOTICE Your privacy is important to us. We provide a notice explaining our online information practices and the choices you can make about the way information about you or your child is collected and used at this Website. Click here to review our Privacy Policy, which is a part of these Terms of Use.

MIUCHIZ.com operates internationally, but its computer systems are located in the United States. Consequently, your data will be processed by MGA in the United States where data protection and privacy regulations may not offer the same protection as the country in which you live. If you choose to access the Website from locations outside of the United States, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws may be applicable. If you register or provide information to MIUCHIZ.com from outside the United States, you will be asked during the initial registration to consent to the collection and/or use in the United States of your personal information, which includes the use of cookies and web beacons as more fully described in our Privacy Policy. MIUCHIZ.com complies with EU data protection laws, as more fully described in our Privacy Policy.

YOUR ACCOUNT
When you register your MIUCHIZ™ electronic handheld device (purchased separately) or when you subscribe to MIUCHIZ.com, you must create an account and choose a unique username and password. You can only create one account per handheld device or per subscription to MIUCHIZ.com.

You must not choose a username that infringes the rights of any third party, that impersonates MIUCHIZ.com staff or other users, that is deliberately confusing, or that is offensive, racist, obscene or otherwise unlawful. We reserve the right to terminate any username for any reason.

You must keep your password safe at all times and not disclose it to any other person. MIUCHIZ.com personnel will never ask you for your password.

All valid account holders are hereby licensed to play in MIUCHIZ.com and to download and use our client software and to connect to our servers for the sole purpose of playing in MIUCHIZ.com, subject to compliance with all of these terms and conditions.

You agree that your MIUCHIZ™ character and account and items are and remain the property of MGA and cannot be sold, transferred or loaned to anyone else.

If you violate these terms and conditions, MGA reserves the right to suspend or delete any or all of your accounts, block your access to our website and services, and/or take further legal action as described more fully below. No refunds of any subscription or other fees will be provided if your account is terminated due to any violation of these Terms of Use. We may delete or modify any account at any time for any reason.

SUBSCRIPTIONS
MIUCHIZ.com is subscription based. You may update your MIUCHIZ™ electronic handheld device or participate in certain limited features of the Website without subscribing or providing any personal information. However, subscribers receive additional members-only benefits and can access certain Website features that are not available to non-members.

In order to use portions of this Website, you may be asked to register for use of such portions. It is a condition of use of this Website that all registration details provided must be correct, current and complete. If you become a subscriber, you warrant that the information that you submit is true and correct, and you agree to pay all subscription fees that you incur, including all applicable duties and taxes that may be imposed by law.

MGA reserves the right to deny registration of any individual and to deny any individual access to MIUCHIZ.com. MGA further reserves the right to alter the Website's system specifications and subscription fees at any time. New subscription fees will commence with any new or renewed subscription that begins after the effective date of a rate increase.

ONLINE SAFETY
Before using MIUCHIZ.com we encourage you and your child to read the guidelines found in our ONLINE SAFETY TIPS and PARENT FAQ. MGA reserves the right to monitor and take action with respect to inappropriate use of this Website, but we cannot guarantee that this Website will not contain inappropriate material. We ask that you notify us immediately of any inappropriate content or use of this Website so that appropriate action may be taken. You may contact us by clicking on "HELP" accessible anywhere on MIUCHIZ.com.

CHAT
There are three levels of chat available in MIUCHIZ.com: ClickChat, MiuChat, and Open Chat.

  • ClickChat uses preprogrammed words and phrases only and is open to all ages. No chat transcripts are maintained for ClickChat.

  • MiuChat is an instant messaging type of private friend-to-friend chat. In order for a child 13 years or younger to access MiuChat, each participant's Parent must first approve the addition of the other party to a MiuChat friend list.

  • Open Chat allows free chat with other players on MIUCHIZ.com and is not recommended for children 13 years or younger.

ClickChat is available to all registered users. For MiuChat and Open Chat, children 13 years and younger must have the verifiable consent of a Parent, and for chat users who are 14-17 years old, Parents will be notified by e-mail that the minor has signed up for MiuChat or Open Chat.

Chat transcripts will be maintained for all MiuChat and Open Chat conversations for a specified period of time in accordance with MGA's chat retention policies. Such chat transcripts are not regularly monitored, but may be reviewed from time to time on a random basis, or in response to complaints, in order to prevent violations of these Terms of Use and other unlawful or unauthorized activity on MIUCHIZ.com. You agree that for the purpose of enforcing these terms and conditions, we may record or monitor the chat to help us identify offenders.

When using any chat function on MIUCHIZ.com, you must NOT provide your real name or any other personal information about yourself or others, and you must NOT ask any other participant for their real name or any personal information about themselves or others. MIUCHIZ.com uses software filters designed to block the use of names or personal information that was collected from you during registration, as well as inappropriate words, phrases and variations thereof, and you agree that MGA may automatically or manually censor, block or edit any materials that we believe violates the Terms of Use.

Please report any violations immediately by clicking on "HELP" accessible anywhere on MIUCHIZ.com, so that appropriate action may be taken against the offending party.

MESSAGE BOARDS, BLOGS, AND OTHER POSTINGS
In addition to chat, users may be permitted to post and/or exchange information, ideas, and opinions through message boards and blogs or other types of online postings. Verifiable Parent consent may be required for children 13 years and younger who wish to access these functions. Parents of minors 14-17 years old will be notified by e-mail if a minor has opted to access these functions of MIUCHIZ.com.

Users are solely responsible for the content of their postings. You understand and agree that all materials publicly posted or privately transmitted on or through this Website are the sole responsibility of the sender, not MGA, and that you are responsible for all material you upload, post, submit or otherwise transmit to or through this Website.

MGA will review message board postings prior to publishing online and will make reasonable efforts to ensure that the postings comply with these Terms of Use. At MGA's sole discretion, blogs may be reviewed from time to time on a random basis to audit that use is in compliance with these Terms of Use. MGA reserves the right to delete, edit, or refuse to post any posting that violates these Terms of Use.

Any postings immediately become the property of MGA and MGA reserves the right to use any posting in whole or in part, in any way that MGA deems appropriate, in any format or medium now known or hereafter developed, throughout the world in perpetuity. Without limiting the foregoing, you agree and grant to MGA the right to use any of your postings, in whole or in part, altered or unaltered, in any manner that MGA chooses.

E-GREETINGS
Information, data, text, photographs or any other information transmitted through the E-Greetings portion of this Website are the sole responsibility of the person from whom such content originated. Under no circumstances will MIUCHIZ.com be held responsible in any way for content of any kind transmitted by the sender of such information or materials.

USER OPINIONS AND INFORMATION
The information, materials and opinions expressed through chat, message boards, blogs, discussion groups, or other postings or forums available through this Website ("Forums"), and e-mails and E-Greetings sent by users of the Website, do not necessarily reflect the views or opinions of MGA or its affiliated or related entities or content providers, and MGA makes no representations or warranties regarding such information, materials or opinions. MGA does not undertake to monitor or review postings on Forums or e-mails or E-Greetings sent by users of the Website except as noted in these Terms of Use, and MGA will not be responsible in any way for content of any kind posted on any Website Forum or transmitted through an e-mail or E-Greeting. MGA may remove or modify any content at any time in its sole discretion. Any use of the Forums, e-mails, or E-Greetings will be at your own risk and will be subject to the disclaimers and limitations on liability set out in these Terms of Use and elsewhere on the Website.

RULES FOR WEBSITE USE
1. Act responsibly: Users are asked to act responsibly when using the Website.
2. No personal information: You are not allowed to give out your personal information to other users through MIUCHIZ.com, and you are not allowed to request, collect or store personal information from or about other people through MIUCHIZ.com.
3 Lawful uses and lawful Content only: You may use this Website and its Content in accordance with applicable law and for lawful purposes only. You will be solely responsible for any criminal or civil liability that may result from any unlawful activity that you may have undertaken at or through the Website or any unlawful content that you may have transmitted, collected, posted or sent through the Website, and you will bear the burden of establishing that your actions or your content were lawful. Unlawful uses of this Website could result in legal action against you.
4. No unlawful or unauthorized materials: You shall not transmit, collect, post or send any unlawful or unauthorized material through this Website. You will be held solely responsible for all information or materials that you transmit, collect, post or send, at or through the Website. MGA is not responsible for any unlawful or unauthorized content that you may have transmitted, collected, posted or sent on any message boards, blogs, or other Forums on this Website or through chat, e-mails or E-Greetings sent or posted by Website users. Examples of unauthorized materials, information or activities that you are NOT ALLOWED to transmit, collect, post or send at or through MIUCHIZ.com include the following:

(a) materials that libel, slander, defame or invade the privacy rights of others;
(b) profanity, or materials that are obscene, pornographic, offensive, harmful, hateful, racist, targeting a particular racial, ethnic or religious group, abusive, harassing, offensive or threatening;
(c) materials that infringe any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone's copyrights, trademarks or rights of privacy or publicity;
(d) materials that violate or may be considered to violate any law;
(e) materials that promote or advocate illegal activity or the use of illegal drugs or alcohol;
(f) materials that advertise or otherwise solicit funds, or goods or services, or gambling activities;
(g) materials that harm minors or suggest harm to minors, or that seek to exploit or harm children by exposing them to inappropriate content;
(h) requests for personally identifiable information about other people;
(i) impersonating another person, or misrepresenting your identity or your connection to any other entity or person, or misrepresenting your age, or otherwise manipulating headers, URLs or identifiers to disguise the origin of the content;
(j) advertising or promotion of any commercial endeavor (e.g., offering products or services for sale) or otherwise engaging in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;
(k) materials that include MP3 format files or any files whatsoever which you do not have the right to transmit;
(l) disobeying these Terms of Use or any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
(m) materials that contain links to other sites that contain the kind of content which falls within the descriptions set forth above. While MGA does not and cannot review every message posted by users in the Forums and in e-mails and E-Greetings and expressly disclaims any responsibility for the content of these messages, MGA reserves the right in its sole discretion, to delete, move, or edit any content that in its opinion is unauthorized content, including, but not limited to the examples described above.

CHEATING, SCAMMING AND OTHER BAD BEHAVIOR
You may not sell, transfer or lend your account to anyone else, or permit anyone else to use your account, and you may not accept an account anybody else offers to you.

You are not allowed to use cheat codes or other cheat programs on MIUCHIZ.com. You should not attempt to gain access to someone else's account and/or account information (unless you are a Parent with access to your child's account information). You should not try to get someone else's passwords.

You are not allowed to use MIUCHIZ™ characters or elements, or the Website, for commercial purposes, i.e. to make real world money or gain real world benefits. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Website. You are not allowed to solicit funds, advertisers or sponsors on MIUCHIZ.com. You are not allowed to solicit other MIUCHIZ™ users to join or become members of any organization or group, whether for profit, non-profit, religious, social, political or otherwise.

You will not remove any sponsorship banners or other material inserted by MGA anywhere on this Website including on web space made available for your use, if any.

You will not send, create or reply to so called "mailbombs" (i.e., e-mailing copies of a single message to many users, or sending large or multiple messages or files to a single user, with malicious intent) or engage in "spamming"(i.e., unsolicited e-mailing for business or other purposes) or undertake any other activity which may adversely affect the operation of this Website by MGA or enjoyment of this Website by any person.

You will not use, upload or transmit any programs that contain viruses, worms, ŒTrojan horses' and/or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, website, computer network, software, hardware or telecommunications; or that disrupt the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities on the Website.

You will not engage in activities that amount to a Œpyramid' or similar scheme or Œdata warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites).

In the event of any violation of these Terms of Use, MGA may suspend or terminate your account (without any refund), may contact your Parents, school authorities, or appropriate governmental or law enforcement authorities, or may have any of the rights and remedies set forth under "VIOLATIONS OF THESE TERMS OF USE; INVESTIGATIONS", below, as well as under any applicable laws.

COMMUNICATIONS FROM MIUCHIZ.com
From time to time, as part of playing on the Website, you may receive e-mail, newsletters, announcements or other communications from MIUCHIZ.com letting you know about events, updates, information or special offers relating to MIUCHIZ.com or your MIUCHIZ™ characters. You can opt out of receiving such e-mails at any time by changing your account preferences or by sending us an e-mail or letter (via postal mail) indicating that you no longer wish to receive such e-mails or other communications from MIUCHIZ.com. Please understand that opting out of such e-mails or other communications may detract from your enjoyment of the Website since you will no longer receive e-mails from the MIUCHIZ™ characters or any Website newsletters or announcements.

SUBMISSIONS
MGA welcomes your submissions, postings, and comments regarding MIUCHIZ.com and other toys, websites, products or services offered by MGA. MGA endeavors to continuously review and improve its products and services; therefore, please understand that MGA, its employees, customers, or third parties engaged by MGA, may have developed ideas or materials similar to those you may believe are original to you and/or that you may elect to submit. MGA cannot guarantee that it will respond to any comments, messages or submissions, or that it will use any ideas or materials that may be submitted. YOU AGREE AND UNDERSTAND THAT MGA IS NOT OBLIGATED TO USE ANY IDEAS OR MATERIALS THAT YOU MAY SUBMIT, AND YOU HAVE NO RIGHTS TO COMPEL SUCH USE. ANY MATTERS SUBMITTED TO MGA (INCLUDING ALL POSTINGS) SHALL BECOME THE SOLE PROPERTY OF MGA AND YOU AUTOMATICALLY AND IRREVOCABLY GRANT AND ASSIGN TO MGA ANY AND ALL RIGHTS IN THE SUBMISSION THROUGHOUT THE WORLD INCLUDING ALL COPYRIGHTS, TOGETHER WITH ALL CONSENTS (IF ANY) NECESSARY TO ENABLE THE REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING AND/OR OTHER EXPLOITATION OF SUCH SUBMISSION BY MGA AND/OR BY ANY PERSON AUTHORIZED BY MGA BY ANY MEANS OR MEDIA NOW KNOWN OR LATER DEVELOPED WITHOUT PAYMENT OR OTHER REFERENCE TO YOU OR ANY OTHER PERSON, AND TO ADVERTISE AND PROMOTE SUCH EXPLOITATION, FOR THE FULL PERIOD OF ALL SUCH RIGHTS (TOGETHER WITH ANY EXTENSIONS AND RENEWALS) AND INSOFAR AS POSSIBLE IN PERPETUITY, AND APPOINT MGA AS YOUR AGENT WITH FULL POWER TO ENTER INTO ANY DOCUMENT AND/OR DO ANY ACT MGA MAY CONSIDER APPROPRIATE TO CONFIRM THE GRANT AND ASSIGNMENT, CONSENT AND WAIVER SET OUT HEREIN. Subject only to our Privacy Policy, none of the information you submit to the Website shall be subject to any obligation of confidence on the part of MGA and we will not be liable for any use or disclosure. Thus, subject only to our Privacy Policy, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein, and by submitting any such material, you confirm that no such rights have been asserted. MGA shall have the right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, distribute copies, display, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium or technology now known or later developed and MGA shall not be liable for any use or disclosure of such submission. By submitting materials to the Website or to MGA, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy rights. If we invite a submission and post additional terms specific to such submission, the posted terms shall apply; if no such additional terms are posted, these Terms of Use will apply in full to any submissions you make.

SECURITY
Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). MGA shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MGA considers insecure, MGA may require it to be changed and/or to terminate your account.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, MGA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents, as well as to government and law enforcement officials.

INDEMNITY
If you use this Website for any illegal purpose or any purpose not permitted by these Terms of Use, You agree to defend, indemnify and hold harmless MGA and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, damages, demands, liabilities, losses, costs, expenses and causes of action, including reasonable attorneys' fees and related expenses, arising out of any such use or alleged use.

TRADEMARKS, COPYRIGHTS AND USE RESTRICTIONS
This Website and all logos, characters, images, text, graphics, software and other materials incorporated by MGA on this Website ("Content") are protected by copyrights, trademarks, patents, trade secrets or other proprietary rights held by MGA or others. Your right to use this Website and any Content or other materials appearing on the Website is subject to your compliance with these Terms of Use. You may not copy, reproduce, republish, upload, post, transmit, or distribute in any way the Website or any Content except as stated in these Terms of Use without the express written permission of MGA. Use or modification of the Content except as permitted by these Terms of Use may be a violation of the copyrights, trademarks and other proprietary rights held by MGA and others. For purposes of these Terms of Use, the use of any such Content on any other web site or networked computer environment is prohibited.

MGA hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to access, use and display, for home, noncommercial and personal entertainment use, in accordance with these Terms of Use only and for no other purpose, and on a single computer only (or on multiple computers provided that the Content on each such computer cannot be used at the same time), one copy of any Content on the Website including software that you may download from this Website, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright, trademark and other notices (including URLs) contained in such Downloaded Material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from MGA or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise reduce the code used in any Content into readable form in order to examine the construction of such code to copy, modify or create other products based in whole or part on such code or the Downloaded Material.

Without limiting the foregoing, any software that is made available through this Website is the copyrighted work of MGA, its affiliated companies, or their respective licensors. Use of such software is governed by these Terms of Use and any end user license agreement, if any, that accompanies or is included with the software. End users shall not install or use any software that is accompanied by or includes a software license agreement unless the end user first agrees to the terms of such software license agreement. For any software that is not accompanied by a license agreement, these Terms of Use shall constitute the license agreement. All software used on or in connection with this Website is owned by MGA or its licensors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of any software obtained through this Website (including to any other server or location for further reproduction or redistribution), in whole or in part, or any use not authorized under these Terms of Use, is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

To the extent that you are able to print images from the Website, you can only use such printouts for your personal, noncommercial use, provided that you preserve all copyright and other legal notices that are included with any such images. You may, for instance, print MIUCHIZ™ images on invitations to your own family party, but you may not print MIUCHIZ™ images on invitations to functions or events sponsored by a business, charity, church or educational institution, whether for profit or non-profit.

LINKED SITES
MGA, whether or not affiliated with other web sites that may be linked to this Website ("Linked Sites"), is not responsible for the content of such Linked Sites. The Linked Sites are for your convenience only and you access them at your own risk. MGA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of Linked Sites, and the inclusion of such a link does not imply endorsement of any web site by MGA or any association with its operators. MGA cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from this Website, since they are owned and operated by independent retailers. MGA does not endorse any of the merchants, nor has MGA taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. MGA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you irrevocably waive any claim against MGA with respect to such third party sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any third party sites.

DISCLAIMERS
USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT, INFORMATION, SOFTWARE, FEATURES, SERVICES AND OTHER MATERIALS ON THE WEBSITE, OR AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL PERSONS AND PLACES REFERRED TO IN THE WEBSITE ARE FICTITIOUS AND ANY SIMILARITY TO ACTUAL PERSONS OR PLACES IS PURELY COINCIDENTAL. MGA DOES NOT WARRANT THAT THE WEBSITE FEATURES OR FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MGA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THE WEBSITE OR ANY SITE LINKED TO OR FROM THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MGA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MGA ASSUMES NO LIABLITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT, INFORMATION, SOFTWARE, FEATURES, SERVICES AND OTHER MATERIALS. YOU (AND NOT MGA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Applicable law may not allow the exclusion of some or all of the above warranties to apply to you, so the above exclusion will apply to you only to the extent permitted by applicable law.

LIMITATION OF LIABILITY
NEITHER MGA NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON THE WEBSITE OR ON CONTENT, FORUMS, E-MAILS OR E-GREETINGS APPEARING ON THE WEBSITE OR TO WHOM THE SITE, OR ANY SUCH MATERIALS OR INFORMATION MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY CONTENT, FORUMS, INFORMATION, MATERIALS, E-MAILS, E-GREETINGS OR OPINIONS PROVIDED IN OR THROUGH THE WEBSITE, OR THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENTS, INFORMATION, SOFTWARE, FEATURES, SERVICES AND OTHER MATERIALS ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF MGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT MGA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT ANY SUCH LOSS OR DAMAGE OCCURS. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this Website are presented solely for the purpose of providing entertainment services and other products to users located in the United States and the EU. This Website is controlled and operated by MGA from within the United States of America. No software from this Website may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, without regard to its conflict or choice of laws rules. Any action you, any third party or MGA may bring to enforce these Terms of Use or an arbitration award hereunder or in connection with any matters related to this Website shall be brought only in the State or Federal Courts located in the County of Los Angeles, California, and you expressly consent to the exclusive jurisdiction of said courts, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. As may be necessary to protect the rights or property of you or MGA pending the completion of arbitration, either you or MGA may seek any interim or preliminary relief from a State or Federal court of competent jurisdiction located in the County of Los Angeles, California. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except as stated herein or in a writing signed by MGA.

ANY DISPUTE ARISING OUT OF OR RELATING TO USE OF THIS WEBSITE SHALL BE ADJUDICATED THROUGH THE DISPUTE RESOLUTION PROCESS FOLLOWED BY THE BETTER BUSINESS BUREAU, AS SET FORTH MORE FULLY IN THE PRIVACY POLICY. TO THE EXTENT PERMITTED UNDER BBB RULES, UNRESOLVED CLAIMS SHALL BE ADJUDICATED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION TO BE HEARD AND ADJUDICATED BY ONE ARBITRATOR TO BE MUTUALLY CHOSEN BY YOU AND MGA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA, AND CLAIMS REGARDING THE JUDGMENT OF THE ARBITRATOR (INCLUDING ENTRY OF JUDGMENT ON THE ARBITRATION AWARD) MAY BE BROUGHT AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF LOS ANGELES, CALIFORNIA.

AVAILABILITY
MGA will use reasonable commercial efforts to ensure that this Website is available 24 hours per day without any interruption. However, we reserve the right to make this Website unavailable at any time or to restrict access to all or portions of this website at any time without notice.

SUSPENSION; TERMINATION MGA may suspend or delete the account of any user who does not comply with these Terms of Use or who engages in conduct that MGA deems to be unacceptable or potentially harmful to MGA or other users of the Website.

Further, either MGA or you may terminate this Agreement at any time. Any software license agreements or other rights or licenses granted to you under these Terms of Use will thereupon immediately terminate. MGA will terminate this Agreement by sending you an e-mail notice asking you to stop using the Website, and if necessary, by preventing your access to the Website. You agree that notification by e-mail constitutes sufficient notice of such termination. Upon such termination, you will have no further right to use the Website or its services. You hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms of Use, permanently restraining you from attempting to access this Website and any other MGA websites. No refunds will be provided if such suspension, deletion or termination is due to any violation of the Terms of Use or any conduct by you that MGA deems to be unacceptable or potentially harmful to MGA or other users of the Website. You may terminate this Agreement at any time by not using the Website. You will not be entitled to any refunds if your account is suspended or terminated, or if you terminate this Agreement, prior to the expiration of your subscription. Your sole right and remedy if you are dissatisfied with the Website is to terminate this Agreement and/or stop using the Website. Upon termination, you will promptly delete from your computer, or otherwise destroy, any software or other Content that you may have in your possession.

INVESTIGATIONS
MGA reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission or posting you make or send to any Forum or any e-mails or E-Greetings you send. MGA may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. MGA will cooperate fully with any government or law enforcement inquiry or investigation, including any administrative request or court order requesting or directing MGA to disclose the identity of anyone making any postings, sending any e-mails or E-Greetings, or publishing or otherwise making available any materials that are believed to be illegal, to violate these Terms of Use, that are unacceptable to MGA, or that may be potentially harmful to MGA or a user of the Website. MGA also reserves the right to contact any third party who may have an interest in preserving the safety of MIUCHIZ.com users, such as your Parent, or school, government or law enforcement officials, regarding any posting or other Website activity, and you agree that MGA may supply identifying information about you and the suspected offense(s) to any such third parties subject only to the terms of our Privacy Policy.

MGA may suspend any users whose conduct or postings are under investigation and may, without notice, remove such material from its servers as it deems appropriate. If MGA believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting, E-Greetings or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, suspend or terminate accounts or take other corrective action it deems appropriate.

BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS MGA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MGA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY MGA ALONE OR IN CONJUNCTION WITH GOVERNMENT, SCHOOL OR LAW ENFORCEMENT AUTHORITIES.

ACCESS TO THE SITE
In order to use this Website, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Website on the World Wide Web (including a computer, modem and/or other access devices). Any area of this Website that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

If you choose to access the Website from locations outside of the United States, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

CLAIMS OF INFRINGEMENT ON THE SITE
The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. MGA has accordingly designated such an Agent and, in doing so, provided the following information to the United States Copyright Office.

  • Full Legal Name of Service Provider: MGA Entertainment, Inc.
  • Alternative Names of Service Provider: mgae.com
  • Address of Service Provider: 16300 Roscoe Boulevard, Van Nuys, CA 91406
  • Name of Agent Designated to Receive Notification of Claimed Infringement: Website Copyright Agent
  • Full Address of Designated Agent to which Notification Should be Sent: Website Copyright Agent, MGA Entertainment, Inc., 16300 Roscoe Boulevard, Van Nuys, CA 91406
  • Telephone Number of Designated Agent: 818-894-2525
  • Facsimile Number of Designated Agent: 818-895-0771
  • E-mail Address of Designated Agent: infringement@mgae.com

The United States Copyright Office's Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at: http://www.loc.gov/copyright/onlinesp/list/index.html

MGA seeks to preserve all exemptions from liability that may be available to it under copyright and other applicable law, but does not stipulate that it is a service provider as defined in 17 U.S.C. §512(c) or elsewhere.

If you believe that any materials appearing on this Website infringe your copyright rights, please forward the following information in writing to our Website Copyright Agent at the address listed above:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you, made 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.

ASSIGNMENT
You may not transfer any of your rights or delegate any of your obligations under these terms and conditions without written consent from MGA.

CONTACT INFORMATION
This Website is controlled and operated by MGA, 16300 Roscoe Boulevard, Van Nuys, CA 91406. The phone number is 818-894-2525. Please send any comments or complaints regarding this Website by e-mail to Customer Service Form or by postal mail addressed to MIUCHIZ™ Customer Service, c/o MGA at the address provided above. Please e-mail any questions regarding Website privacy to privacy@mgae.com or to MGA, Attn. Chief Privacy Officer, 16300 Roscoe Boulevard, Van Nuys, CA