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Illistratrions by Igor Tumanov

  All Rights Reserved Copyright2017

          East of the Ditch Section

   EastOfTheDitchSection@gmail.com

PRIVACY POLICY

After downloading our app or using our website we do not keep any information pertaining to you. Our severs stores your phones identification so you are included in MirrorEye releases, but none of this information is sold or reviewed by MirrorEye or East of the Ditch Section.  Amy Emails sent to us will be stored for customer service purposes only, and email address are maintained in confidence. 

The terms and conditions applicable to the use of the MirrorEye.net website (the "Website" or this "Site") are set forth herein. Your use of this Site and/or participation in the MirrorEye or East of the Ditch Section contests, or other promotions contained on or available through this Site (collectively the "Promotion") constitutes your acceptance of these terms and conditions and will give rise to a binding contract between East of the Ditch Section  and participant ( "Agreement.").

These terms and conditions may be updated or modified from time-to-time by Us in Our sole discretion.

By accessing and using the Services, You agree as follows: YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE OFFICIAL RULES, FACTS, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS SITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.

Licenses.
There is no fee payable by You for the privilege of using the Website and no purchase is necessary to participate in the Contest or any other Promotion contained on or available through this Site. Your access to this Site is pursuant to a free, limited, revocable and non-exclusive license from us, which may be modified, terminated, restricted or limited by us at any time.  You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us. If You are a prize winner in the Contest, You are also required to grant to Us certain publicity rights as well. Please see Section 9 of this Agreement and the Official Rules for more information.

Accessibility.
You understand and agree that this Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability.

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Proprietary Rights.
All or portions of this Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree to use this Site for Your own personal use.

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Privacy Policy. 
We consider Your personal identifying information to be private the operation of this Site does not require the submission, use and dissemination of various items of personal identifying information. Your use of this Site or the Services constitutes acceptance of Our policies and practices for the collection and use of personal identifying information. Please see Our Privacy Policy for a summary of Our personal identifying information collection and use policies and practices.

Publicity.
Your acceptance of any prize from this Site shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, Your name, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent.

 By using this Site or the Services and participating in the Contest or any other Promotion available on this Site, You hereby give Us the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print and/or distribute Your first name, first letter of the last name, location (city and state), the amount of any prize and the Contest from which it was won and/or any quotation, statement, image or other content that You are willing to provide about this Site or the Services or Sweepstakes that We, in Our sole discretion, wish.

The views expressed by users of Our Site do not necessarily reflect Our views.

Enforcing Security on this Site.
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on this Site without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Site. We will comply with all court orders involving requests for such information.

Fraudulent Activity Policy

The Site strictly prohibits user fraud and abuse relating to access to and use of the Site or any Promotion made available on the Site. In accessing the Site or participating in any Promotion, or any other activities, Products or services offered by or through the Site, you represent and warrant that (a) you are not acting in violation of any applicable laws, rule or regulations or of this Agreement and (c) you will not circumvent or attempt to circumvent any provision this Agreement or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the operation of the Site.

Digital Millennium Copyright Act Compliance
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

No Redistribution or Resale.
You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of this Site for commercial purposes

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Third Party Products/Services.
You acknowledge and agree that this Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through this Site.

Advertisers on this Site. 
In Our sole discretion, We may post advertisements from and by third parties on this Site. Your correspondence or any other dealings with advertisers found on this site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site

Links to Other Sites.
We may provide links, in Our sole discretion, to other sites on the World Wide Web for Your convenience in locating related information, products and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, materials, accuracy of the information and/or quality of products or services provided by or advertised or on third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

Events Beyond Our Control.
You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.

Representations and Warranties.
By using this Site, You represent and warrant the following: (a) You have the right, power and authority to enter into and perform this Agreement; (b) any information that You provide when registering to use this Site is accurate, truthful, reliable and current; (c) You have the legal right to submit any content provided by You and no such submission or use of any such content by Us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party, and (d) You will not use Our Services or this Site or the Services to violate any federal, state and/or local law.

Disclaimer of Warranties.
THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND OUR SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE WEBSITE, THE SERVICES OR THE SWEEPSTAKES WILL MEET YOUR REQUIREMENTS; (C) THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE WEBSITE, THE SERVICES OR THE SWEEPSTAKES WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE, THE SERVICES OR THE SWEEPSTAKES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE SERVICES OR THE SWEEPSTAKES, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEBSITE, THE SERVICE OR THE SWEEPSTAKES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY (IN WHOLE OR IN PART) TO YOU

Reliance upon Limitations.
The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.

Indemnification.
You agree to indemnify, hold harmless and defend Us, Our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement and/or any breach or alleged or threatened breach by You; (b) Your use of the Website, the Services or the Sweepstakes, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Website, the Services or the Sweepstakes by You; (d) any negligent or willful misconduct by You.

Integration and Conflicting Terms.
This Agreement, including the Official Rules, the Contest Facts and the Privacy Policy as referenced herein, constitutes the complete and exclusive agreement between You and Us with respect to use of this Site and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between You and Us concerning the use of this Site, the Services and the Sweepstakes. This Agreement, the Official Rules, the Sweepstakes Facts and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control over all others. The Privacy Policy and the rest of this Agreement shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall control over the rest of this Agreement.

Severability.
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.

Waiver.
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law.

Governing Law, Forum, and Arbitration. 
This Agreement is made in, and shall be governed by, the laws of the United States, excluding its conflicts-of-law principles. You agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Said dispute shall be submitted individually by You, and shall not be subject to any class action status. You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You will be entitled shall be Your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of New York. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of New York and You hereby irrevocably submit and consent to the personal jurisdiction of such courts and waive any objections in the nature of inconvenient forum.

Remedies. 
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.

No Third Party Beneficiaries. 
No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.

 

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