Terms & Conditions
Applicability
This Internet site known as www.miraboutique.com (hereinafter referred to as the “Site”) of Distribuidora Textil Diseños Mira S. De R.L. De C.V. (hereinafter “Mira”) is intended to provide you with information about Mira and Mamey products, e-commerce, product information, internet sales, store information and general brand information, as well as the various companies, branches, affiliates, subsidiaries and/or affiliates, sponsors and licensees (collectively referred to as “Related Parties”) that provide such products, as well as access to related links for your convenience and information. Please read the following Site terms and conditions of use, restrictions and notices contained herein (the “Terms”) carefully before proceeding with your use of this Site. These Terms govern your use of the Site and apply to all visitor traffic to the Site. By accessing or using the Site, you expressly agree to and accept these Terms.
These Terms are for the benefit of you, as well as Mira and its suppliers, directors, employees, and Related Parties. Each of these individuals or entities has the right to enforce these Terms directly in its own right or on behalf of the persons named in this paragraph.
The Site will allow you to access many other websites, which may or may not be affiliated with the Site and/or Mira, and may have different terms of use or contain terms in addition to the Terms specified herein or access to such websites through links provided on the Site which will be governed by the terms and policies of use of such sites, not by the Terms of the Site.
If you do not agree to these terms, do not use the Site.
Site Terms of Use
With respect to all information you choose to provide on public areas of this Site, you consent to Mira’s right to use, reproduce, publish and display such information (in whole or in part) throughout the world, subject to the terms of our Privacy Notice.
Because in large part the quality of our products and services depends on our knowledge of our users, Mira collects two types of information from users of the Site: (i) data they provide through a voluntary and optional registration on Mira’s various Internet sites; and (ii) data Mira collects from viewing the various registration pages on Mira’s Internet sites and from links posted on those sites. Such information may be used, among other things for statistical purposes, alone or in conjunction with other data, which may individually identify users and/or visitors to our Site and allow us to better tailor our content to users’ needs, as well as help our Providers to present qualified products and services tailored to your interests and make your visit to the Site more productive.
While browsing our Site we keep statistics on the most visited pages and the time spent in each section to facilitate future access to your preferences, thereby generating an IP address; which is a unique number that is automatically assigned to your computer when you browse the Internet, so that your computer can be identified from the servers.
Mira collects IP addresses for the purpose of system administration, to provide information to Providers, as well as to verify the use of our various Internet sites. When users access pages from our servers, the users’ IP addresses are logged. We will not link IP addresses to anything personally identifiable, which means that the user will remain anonymous to us. We may use IP addresses to identify a user when we deem it necessary to enforce compliance with these Terms or to protect our services as well as the Site.
You acknowledge and agree that Mira may preserve information and even disclose information if required to do so either by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) contest claims that the information violates rights of third parties; or (d) to protect the rights, property or personal safety of either the business, employees, Vendors, Related Parties, Mira users and/or the general public. Mira collects and processes personal data of visitors to the Site in accordance with these Terms and the Privacy Notice. For more information, please review our full Privacy Notice.
Exclusion of Liability for External Links
The Site will allow you to access many other web sites, which may or may not be affiliated with the Site and may have different terms of use or contain terms in addition to the Terms specified herein. Access to such web sites is at your own risk, which will be governed by the terms and policies of use of such sites, not the Terms of the Site. The content of linked sites is not under the control of Mira, and Mira is not responsible for such content.
Site Information and Use
The information on the Site is for informational purposes only and does not constitute advice. Even though Mira has carefully prepared its Site, the information, text, documents, graphics, videos, music and/or other services/information contained therein may contain errors or be incorrect or incomplete. Mira does not warrant that the Site and/or the information is free of errors, defects, malware and viruses or that the Site and/or the information is correct, up to date and accurate.
Mira shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by malicious software, viruses or any inaccuracies or gaps in such information or the Site, except if such damages result from any intentional misconduct or gross negligence on Mira’s part. Further, Mira shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Site, including, without limitation, damages resulting from non-delivery or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for electronic communications and transmission of viruses.
User Responsibilities
In order to protect your security, you should not provide Mira with any information that is not specifically requested for purposes of Site registration and user identification. You are responsible for maintaining the confidentiality of any data you enter on this Site and for any identification numbers or codes, confirmation numbers and/or passwords given to you, where applicable, in the use of this Site. In the event that you keep such identification codes, confirmation numbers and/or passwords confidential, you agree not to distribute or disclose them to any third party. It is your responsibility to notify Mira of the need to change or cancel any of your identification codes, confirmation numbers or passwords immediately upon becoming aware or believing that such identification code, confirmation number and/or password has been subject to a breach of confidentiality.
You warrant to Mira that you have sufficient legal capacity to make use of this Site in accordance with the Terms herein and to be liable for any liability you may incur as a result of your use of this Site. You understand and agree to be financially responsible for all uses of this Site by you or by those who use your passwords to access this Site. You further warrant that all information provided by you or those using your passwords to access this Site is true, accurate, current and complete and does not violate the rights of any third party, privacy or proprietary rights of any other person. You may update your personal information in our database or records through which you access the Site at any time. In the event that you have previously provided information to Mira and wish to have such information updated in our records please refer to our Privacy Notice. If you provide any Information that is untrue, inaccurate, not current, incorrect or incomplete, or violates the third party, privacy or proprietary rights of any other person or Mira has reason to suspect that such Information is untrue, inaccurate, not current, incorrect or incomplete or violates the third party, privacy or proprietary rights of any other person, it may suspend or terminate your access and activity early and deny you any and all current or future access to this Site.
In the event that you post unsolicited ideas and/or materials consisting of text, images, sounds, software, information or otherwise (Materials) on this Site or send them to Mira by e-mail or otherwise, Mira shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and without charge and shall not be bound by any obligation of confidentiality in connection with such Materials. Pursuant to the foregoing the user of the Site shall indemnify and hold Mira harmless from and against any actions, claims and liabilities suffered or incurred by Mira as a result of the use and/or exploitation of the Materials which infringe the (intellectual property) rights of any third party or are otherwise unlawful in respect of a third party.
You agree to indemnify, defend and hold harmless Mira, its Related Parties and Suppliers, directors and employees, from any complaint, claim or demand, loss, expense, damage, harm, injury and cost, including, without limitation, reasonable attorneys’ fees, resulting from any violation by you of these Terms or your use of this Site. Intellectual Property.
This Site is controlled and operated by Mira. All content on this Site, including, without limitation, text, images, illustrations, audio and video (hereinafter the “Protected Content”) is protected by copyrights, trademarks and/or intellectual property rights (which are governed by applicable local laws and the respective copyright laws and international treaties), privacy regulations, laws of publicity and communications regulation) and are owned and controlled by Mira or its Related Parties or by third parties such as suppliers, merchants and sponsors (collectively referred to as “Providers”) who have licensed their content or the right to promote their products and/or services to Mira.
The Protected Content on this Site or any website owned or operated, licensed or controlled by the Providers or Related Parties is solely for your personal, non-commercial use. Mira grants you a limited, non-transferable authorization to use this Site in accordance with the Terms. You may use this Site only to make legitimate reservations or purchases and shall not use it for any purpose other than as set forth herein. Nothing in these Terms shall be construed as granting any permission, license, right or authorization to use the Protected Content or any trademark, copyright, trade dress or other intellectual property rights of Mira, the Related Parties and/or the Providers, except as expressly authorized by the respective owners. As a condition of your use of this Site, you warrant to Mira that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use this Site immediately terminates without notice. Mira may deny access to anyone at its discretion and for any reason, including for violation of the Terms. You may not include or otherwise incorporate into another web site any of the Protected Content or other materials appearing on this Site without Mira’s prior written permission.
Disclaimer of Warranties and Limitation of Liability
Mira does not make, grant or accept liability for any warranties, whether express or implied, created by law, contract or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, or that the information or content of this site is free from error or misrepresentation.
In no event shall Mira be liable for any damages including, without limitation, damages, profits, losses in connection with the use of this site or the information or content disclosed on this site.
Mira is not responsible, makes no warranty regarding the information, material, content available on this Site for any purpose, and the user shall be solely responsible for any injuries caused by improper use or by any decision made based on the information, material or content of this Site.
Information may be made available through cookies, which are pieces of information that are stored on the hard drive of a website visitor through his or her browser. Also, your computer’s technical settings may allow the cookie display option to be disabled, which may cause you to experience difficulties in accessing important information contained on the Site. Therefore, we recommend that during your access to our Site, you enable the cookie display option that allows you to view cookies in order to identify your preferences. You expressly agree that your use of this Site is at your own risk. You (and not Mira), assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Mira, its Related Parties nor any of their respective employees or agents, nor any person or entity involved in creating, producing or delivering this Site shall be liable for any loss, damage, direct or indirect, resulting from the use or attempted use of this Site or any linked site, nor for any delay or unavailability of this Site, failure of performance, error or omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access, interception of data or alteration of personal records, or security regarding the use of information, opinion or other materials appearing on this Site.
You are aware that when you disclose information electronically, it may be copied by unauthorized persons. Mira strives to protect the information of its users; therefore any information disclosed on the Internet network by you is your complete responsibility, therefore we will do our best not to send you unsolicited e-mails, but we cannot guarantee that our Suppliers and Related Parties or any third party to whom we send information, will not send you unwanted or unsolicited e-mails (spam). You expressly acknowledge and agree that Mra is not responsible for the defamatory, offensive or illegal conduct of other users or third parties. In some jurisdictions the exclusion or limitation of liability for damages is not permitted in such jurisdictions Mira’s liability is limited to the least extent permitted by applicable law. If you do not agree with this Site or any of the products or services made available in connection or association with this Site, as the case may be, your sole remedy is to discontinue using this Site.
Mira is committed to providing security measures to protect your personally identifiable information from any unauthorized access or disclosure, as well as using a system composed of several security barriers (Firewall). Likewise, our server or database is totally separated from our Site to protect your information.
Changes and Modifications to these Terms
Mira reserves the right to modify, alter or otherwise update these Terms at any time, therefore, it is the responsibility of all users accessing and browsing the Site to review the Terms each time you use this Site. Such modifications shall be effective immediately upon posting. By using this Site you agree to be bound by the Terms, which shall be deemed read and understood by you in their content and legal scope from the first time you use the Site.
Applicable Law and Jurisdiction
Unless otherwise specified, the content within this Site is presented solely for your convenience and/or information. This Site is controlled and operated by Mira from its offices located in Playa del Carmen, Quintana Roo, and Mira makes no representation that the content of this Site is appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so at their own initiative and risk and are responsible for compliance with applicable local laws. These Terms shall be governed by, construed and enforced in accordance with the laws of the Republic of Mexico. If your use of this Site and/or viewing any material or content or services offered on this Site violates or infringes any applicable law in your jurisdiction, you are not authorized to view or use this Site and you must leave this Site immediately. By using this Site, you agree that you are not limited or restricted in any way in your use of this Site. These Terms are governed by, construed and enforced in accordance with the laws of the Republic of Mexico, and any dispute with the interpretation or enforcement of the Terms of this Site shall be submitted to the competent courts of Mexico City, Federal District. If any provision or condition set forth in these Terms shall be declared unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or conditions.
Regarding This Site, Your Use and Applicable Terms.
The terms of these Terms, and each obligation set forth herein, represent the entire agreement between you and Mira and its Related Parties with respect to this Site and its use. In addition, these Terms (as they may be amended from time to time) supersede any prior agreements or representations whether electronic, oral or written between Mira, its Related Parties and you regarding this Site or your use of this Site, as well as any future electronic, oral or written communications between you and Mira. A printed version of these Terms and any notice provided electronically shall be admissible in judicial and/or administrative proceedings subject to applicable law. If there is an inconsistency between these Terms and any term(s) published at a later time, the later or last published term(s) shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE EXCLUSIVE TO MIRA.
