Acceptable and Prohibited Site Use: Security: You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Using a false password or one belonging to another user, or accessing data not intended for the user, or logging into a server or account which such user is not authorized to access;
- Disclosing a password, or permitting a third party to use a password, or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of “overloading”, “flooding”, “mail bombing” or “crashing”;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Without the prior written consent of MiraBurst™, distributing, modifying, transmitting, transferring, displaying, performing, reproducing, publishing, re-publishing, licensing, creating derivative works of, or selling any Site content;
- Transmitting, displaying, transferring, or submitting any spam, duplicate messages, unauthorized advertisements, unauthorized promotions, surveys, contests, giveaways, sweepstakes, Ponzi schemes, chain letters, or pyramid schemes;
- Falsifying headers, creating a false identity, or otherwise forging or manipulating identifiers in order to deceive others or disguise the true origin of any user content transmitted or transferred to or via the Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of MiraBurst™ or any others or violate the privacy or publicity or other personal rights of MiraBurst™ or any others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, audio clips, logos, button icons, software, written materials and other materials (collectively, “Content”) are the property of MiraBurst™ or its content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of MiraBurst™ and is protected by U.S. and international copyright laws. All software used on this Site is the property of MiraBurst™ or its software suppliers and is protected by U.S. and international copyright laws. The Contents and software on this Site may be used solely as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content or software on this Site is strictly prohibited. The Content on our Site, and the Site as a whole, are intended solely for personal use by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site or any related software.
MiraBurst™’s products displayed on the Site are generally available in most cases in select grocery stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and MiraBurst™ makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.
Orders, Prohibition on Reselling, and Price:
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Comments and Submissions:
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to MiraBurst™ on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain MiraBurst™’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to MiraBurst™ of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. Notwithstanding anything herein to the contrary, you are and shall remain solely responsible for the content of any Comments you make.
Links to Other Web Sites:
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which MiraBurst™ does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. MiraBurst™ makes no representations or warranties concerning, and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by MiraBurst™.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MIRABURST™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIRABURST™ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MIRABURST™ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability:
MIRABURST™ ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL MIRABURST™ OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF MIRABURST™ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
From time to time, there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Jurisdiction and Applicable Law:
Entire Agreement and Admissibility:
Unless otherwise specified and except to the extent MiraBurst™ products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting MiraBurst™ products and services available in the United States and select foreign markets. This Site is controlled and operated by MiraBurst™ from its offices in New York.
Third-party trade names, product names and logos, contained in this Site may be the trademarks or registered trademarks of their respective owners.