MirrorMirror - Terms & Conditions

1.    Applicability

1.1.    These general terms and conditions (the “Terms”) apply to every offer made by MIRRORMIRROR B.V. trading under the name: MirrorMirror (“MirrorMirror”) and to every contract that has been realized between MirrorMirror and an user (the “User”) using the mobile application MirrorMirror (the “Software”).
1.2.    in such a way that the User can easily store the Terms on a durable data carrier.
1.3.    MirrorMirror may make changes to these Terms from time to time. MirrorMirror will publish the changes at www.askMirrorMirror.com/terms. Changes to these Terms will be effective when published. We recommend to review the Terms on a regular basis.

2.    Identity of MirrorMirror

2.1.    Name: MIRRORMIRROR GROUP B.V. trading under the name: MirrorMirror
2.2.    Registered address: Iepenplein 60, Amsterdam, 1091 JR, Netherlands
2.3.    Email address: sarah@askMirrorMirror.com
2.4.    Chamber of Commerce number: 66945585
2.5.    VAT identification number: NL856763871B01

3.    Application.

3.1     The term ‘Application’ shall mean the self-contained programme and software provided by MirrorMirror B.V,(“MirrorMirror”), including any updates or and all related software and documentation which allows users to create photo comparison posts and enables users to vote, share, or otherwise on one or more photos in a post (the ‘Service(s)’), whether such software be accessed from MirrorMirror’s website located at www.askMirrorMirror.com or on a mobile device.

4.    The Services

4.1    MirrorMirror makes available to the User the Software. The Software is required for the User to make use of the Services. Additional terms and conditions may apply in order for the User to download the Software. In order to use the Software and the Services, the User will need an internet broadband connection (Wifi or mobile data communication). Charges from an internet service provider or telecommunication provide may apply for the use of an internet broadband connection.
4.2    MirrorMirror may from time to time provide updates to the Software or may change the Services at any time. The User may be required to update the Software in order to continue using the Software and the Services. MirrorMirror may elect to update the Application at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. You agree that MirrorMirror may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
4.3.    The User shall use the Software and the Services in accordance with the laws of The Netherlands and the laws of the country where the User is located. The User is under no conditions authorized to:
I.    use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software or the Services;
i.    send unsolicited communications; and/or
ii.    impact or attempt to impact the availability of the Software or the Services.
iii.    In order to protect the interests of the customer against improper use and to ensure consumer protection, MirrorMirror reserves the right to block user accounts.

5.    Services on the app

General provisions

5.1.1 Services for users
The following services are currently provided free of charge on the app by MirrorMirror:
•    Viewing of posts, users and hashtags by using search as well as sorting functions (for example according to rating, date, view, gender and country) 
•    Uploading of profile information such as name (voluntarily), country of origin, user photo, general preferences (favourite brands, products, etc)
•    Sending of individual messages to other users
•    Voting on images from other users for the linking ("friends") and administration of contacts as well as the acceptance of invitations of other users
•    Sharing of posts to third parties (social media, email, etc)
•    Embedding of post via embed link
5.1.2. Service provision
MirrorMirror is entitled to entrust third parties with the provision of parts of or the complete services.
5.1.3 Services
MirrorMirror reserves the right to alter, limit or discontinue services made available according to 5.1.1 as well as 5.1.2 or after notification to only make contents available against payment which were so far made available free of charge. In this case, the General Terms and Conditions will regulate the relationship between the user and MirrorMirror regarding services which are subject to a charge.
5.1.4 No contractual relationship
With the use of the app and service, particularly when using the services stated in section 5.1, no contractual relationship is concluded between the user and MirrorMirror, in particular no consultancy or information agreement. In this respect there are also no contractual or quasi-contractual claims against MirrorMirror or its partners or representatives. MirrorMirror merely makes the platform for the provision and accessing of contents available.

6.    Extent of the use of the contents

6.1 Authorisation
The user is entitled to use the contents made available on the app for his/her private or own purposes. In particular, he/she is not entitled to pass on the contents or parts of the contents to third parties, to provide or enable third parties access to the contents for free nor for a fee or to sell the contents to third parties without the written consent of MirrorMirror.
6.2 Contents and Services
All contents and services which are made available on the app and to which the user is granted access are protected by industrial property rights (in particular copyrights, trademark and patent laws or other rights) and other statutory regulations and may only be used in the manner approved by MirrorMirror in these Terms. Copying, publishing or application - also in part - of the contents made available in other electronic or in printed publications is not permitted without the written consent from MirrorMirror. The user is not entitled to alter or remove copyright notices, trademarks or similar information in the contents.
6.3 Misuse of the functions or contents made available
Should the user violate rights granted to him/her in connection with the website or ignore the existing limitations in this regard or should he/she be suspected of misusing the functions or contents made available, then MirrorMirror is entitled to block the user's access to the contents at any time without prior notification regarding this fact, also temporarily until the cause has been eliminated as well as passing on information regarding the user and his/her behaviour to third parties provided that statutory regulations or judicial or official requirements call for this. In particular, the same applies in the event of a breach of the responsibilities stipulated in section 4, also particularly obligations. In the case of blocking, MirrorMirror is not obligated to any duty of disclosure whatsoever. Furthermore, in the cases previously described and subject to the fulfilment of the legal requirements, MirrorMirror is entitled to assert indemnity claims. In line with this indemnity claim, the user is obligated to exempt MirrorMirror from such claims which third parties claim against MirrorMirror due to the unauthorised use of the contents or other violations of their rights.
6.4 Reporting violations
Should violations in terms of section 6.3 or suspicious facts regarding such violations become evident to the user, then he/she is obligated to immediately report this to MirrorMirror by reporting inappropriate content.
6.5 Misuse or breach of obligations
Should the user be misusing the website or be in breach of his/her obligations constituted by these TU and should this occur by means of a publication of texts or images or other contents or a linking by the user, then MirrorMirror is, apart from or instead of the blocking in terms of section 6.3., entitled to remove the contents under the terms stated in section 6.3. Should such contents or links, in particular those described in section 6.3, nevertheless be discovered, this neither represents toleration nor identification as regards content by MirrorMirror.
6.4. User's obligations
MirrorMirror hereby grants you a non-exclusive, royalty-free, revocable license to use the Application for your personal use in accordance with these Terms and Conditions.
6.5 Registration
Every user may only register once and may only create one member profile. The user ensures that all information he/she provides during registration for the use of the website as well as in the section "My profile" such as name (voluntary), country of origin, email address etc. for example are true, complete and not misleading. In particular the user also ensures that the classification as "User" or "Designer" is correct. Furthermore, the user assures to be at least 13 years of age, sufficiently able to reason regarding consequences of his/her actions on the website as well as be authorised by his/her legal guardian or to be of full age and of full legal capacity. The user is obligated to immediately update respective settings in the section "My profile" should alterations of his/her registration or other data which regards him/her occur which are connected with the use of the website.
7.2 . Facebook Login Account
Users who use the Facebook login service to access our services will be responsible for maintaining the confidentiality of their own Facebook accounts and image categories, as well as restricting unauthorised access to their personal computers. Users agree to accept full responsibility for all activities that occur while using their Facebook accounts. Users are also responsible for maintaining the confidentiality of their Facebook accounts among third parties, restricting access thereto. MirrorMirror reserve the right to refuse service or terminate accounts at their sole discretion.
7.3 Abuse of legal rights
Moreover, the user is obligated not to use the website as well as the contents made available as well as the functions made available in a manner which abuses legal rights. In particular this includes the following obligations:
7.4 Responsibility
The user is solely and unconditionally legally responsible for any contents which he/she provides, in particular for styles, news and events as well as image and text material including comments on and ratings of contents made available by other users. The user guarantees that with the provision of contents he/she does not violate the statutory regulations regarding the protection of minors, personal rights or other third party rights. This particularly applies to the votes he/she provides as well as the components of the section "My profile"; there in particular in addition to the picture elements also the word elements including the user name. In particularly until the time of uploading the user has the right of making publicly available according to the Netherlands Copyright Act regarding all works, so in particular both in regard to provided news as well as in regard to provided image files, so the right to make the work accessible to the public wired or wireless in a manner which make it accessible to the members of the public from locations and at times of their choice. Furthermore, the user ensures that he/she solely uploads his/her own work on the website in the News section in terms of the Netherlands Copyright Act. At the most, the user may activate links to the work of other persons. Provided that the user quotes works of third parties in line with the preparation of his/her news or in other sections or provided that he/she presumes another copyrighted legitimacy, makes external copyrighted works or parts of third party works available, he/she is to indicate this accordingly and is to conform with the obligation of indicating the source in terms with the Netherlands Copyright Act.
7.5 Rights of third parties
The user does not interfere with any rights of third parties with the provision or transmission of news or styles or other contents, in particular not with the right of the established and practised business of companies. Before passing on external works by means of linking or citation, every user, whether private or commercial consumer, must subject these to a validity check. In the event of absent validity the user is to refrain from a provision on the website or a citation.
7.6 Rights for image use
Furthermore, the user guarantees that provided image elements solely represent the natural person conducting the registration process or other persons who have agreed to the publication of the image on the Internet and who have assigned the respective rights for use to the user. The profile photograph may neither solely display non-existing persons or beings nor solely persons other than the user him-/herself nor display additional relevant elements as for example company logos. The latter does not apply for users registered as "Designers". Nude photographs, obscene or pornographic image elements as well as edited image elements may not be provided.
7.7 Proprietary Rights of MirrorMirror 
You hereby acknowledge and agree that all copyright, database rights, trademarks, and other intellectual property rights of any kind in the Application together with the underlying software code are owned either directly by MirrorMirror and/or its licensors. You further agree that the Application contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws.
7.8 No Endorsement 
MirrorMirror does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MirrorMirror expressly disclaims any and all liability in connection with Content. MirrorMirror does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MirrorMirror will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MirrorMirror reserves the right to remove Content without prior notice.
7.7 Companies
The user acting on behalf of a company ensures that he/she is authorised to register on the website on behalf of the company indicated in the registration process and to make use of this. Furthermore, he/she is obligated to immediately terminate the existing accommodation relationship with MirrorMirror in the occurrence of the lapse of this authorisation according to section 5 or in continuation of the accommodation relationship and the continuous confirmation of the authorisation to assign it to another company.
7.8 Omission
The user refrains from any action which is capable of influencing the functionality of the infrastructure of the website, in particular to overly strain it. In particular he/she ensures that the scripts and programmes he/she provides are not afflicted with errors or viruses which are capable of interfering with the service provision of MirrorMirror.
7.9 Limitations of use
7.9.1 Your use of the Application is subject to all applicable laws and regulations, and you are solely responsible for your use of the Application. The following uses of the Application are expressly prohibited:
7.9.2 Any use of the Application which in our sole discretion, degrades the reliability, speed, or operation of the Application or any underlying hardware or software thereof;
7.9.3 Any use of the Application which is unlawful or in violation of these Terms and Conditions;
7.9.4 Any use of automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of MirrorMirror’s websites;
7.9.5 Any use of your account to breach security of another account or attempt to gain unauthorized access to any portion of the Application to which you do not have access;
7.9.6 Any interference with anyone else’s use and enjoyment of the Application;
7.9.7 Uploading any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
7.9.8 Uploading any content that you don't have the right to transmit under law (such as Infringing Material, including without limitation, copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
7.9.9 Uploading any content that contains any form of commercial advertising or any other form of SPAM; and
7.9.10 Uploading any proprietary or confidential information of your own or others.
7.10 Changes to your username
MirrorMirror works with brands. If it is found that your chosen username infringes a recognised brand username on other forms of social media, MirrorMirror reserves the right to change your username. If this type of change has to happen, you will not lose any photos or connections from your account.
 

8. Deactivation
8.1 If the Users do not fulfil its obligations towards MirrorMirror, is in breach of these Terms and/or in the event of fraud or suspected fraud, MirrorMirror is entitled to (temporarily) deactivate the User’s account.
8.2 After deactivation of the User’s account, the User is not allowed to use the Software or the Services. MirrorMirror shall have no obligation to provide the Services towards the User. In the event that the User’s account is deactivated, MirrorMirror shall inform the User as soon as reasonably possible. The User is not entitled to any compensation after the deactivation of its account.

9. Commencement and termination of the accommodation relationship
The term of the accommodation relationship commences also in regard to the use of accessible contents without registration with the use itself; in regard to the use of contents depending on registration in each case it commences on the day the registration process is concluded and is in force indefinitely. The accommodation relationship can be terminated by either side at any time. On the part of MirrorMirror such a termination is effected in particular with the blocking of the account according to section 6.3 unless a blocking is only specifically effected temporarily until a remedy for the cause takes place by the user after the request by MirrorMirror. A discontinuation of the website equals a termination of the individual accommodation relationship, the termination of the free provision of a service according to section 5.1.3 of the partial termination of the accommodation relationship. In the last-mentioned case the accommodation relationship persists in regard to the still existing free services. A termination of the accommodation relationship by the user is conducted by the undertaking of the act of deletion by the user in his/her section "My profile".

10. Guarantee

MirrorMirror explicitly points out to the user that it obtains data and information from third parties, private persons as well as companies. A constant and concluding inspection of the information and data made available is not possible alone due to the real-time mode of the app. However, the conducted inspection measures can at best be conducted randomly due to the multitude of the supplied information and data and the constant updating. Therefore, MirrorMirror does not guarantee the accuracy, completeness, legitimacy and up-to-dateness of the data and information obtained from third parties. MirrorMirror does not identify itself or solidarise with expressions of opinions or statements of fact of the users on the website and does not adopt these as its own. The same applies for links and banners and the contents available from them, whether these are provided by users or by MirrorMirror itself.

11. Availability

In principle the use of the website is available to the user at any time. However, an entitlement of access does not appertain to the user. Therefore, MirrorMirror reserves the right to limit the availability or, in particular due to technical reasons (maintenance and servicing), to interrupt it for a temporary period of time. Although MirrorMirror aims at keeping the contents available at all times, no liability can be assumed in this regard. This applies in particular for services which are obtained from third parties
11.1.    MirrorMirror guarantees the best availability of the service and, in the event of breakdowns, that these will be rectified as quickly as possible, in order to fulfil the contract and the specifications stated in the offer.
11.2.    MirrorMirror aims to provide the User a trouble-free service through an internet broadband connection. The User is aware that an internet broadband connection is not universally available. MirrorMirror cannot guarantee that the Software and the Services will always function without disruptions, delay or errors. Various factors outside the control of MirrorMirror may impact the quality of the connection and the use of the Software and Services. MirrorMirror is not responsible nor liable for any disruption, interruption or delay of the Services.
11.3.    Although MirrorMirror aims at keeping the contents available at all times, no liability can be assumed in this regard. This applies in particular for services which are obtained from third parties
11.4.    The User who has discovered shortcomings in the Software and/or the Services must submit any complaints to MirrorMirror without delay, in full and with clear descriptions. A reply to complaints submitted to MirrorMirror will be provided within a period of 3 working days, calculated from the date of receipt of the complaint.
11.5. MirrorMirror cannot reliably determine whether displayed identities in the section "My profile" correspond to the actual identity of the user and therefore does not assume any liability for the conformity of alleged and actual identity. Every user must therefore assure him-/herself of the identity of the other user.

13. Third Parties

13.1 App Stores
MirrorMirror’s Mobile Software may be downloaded from third party websites (“App Stores“) (e.g.: Google Play and iTunes). If you use Mobile Software, you understand that the App Store’s terms (including their terms of use and privacy policy) apply and you agree to comply with such terms. App Stores are not under the control of MirrorMirror and MirrorMirror is not responsible for any App Stores. MirrorMirror provides its Mobile Software through an App Store only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to, or are responsible for, the App Store. You use all App Stores at your own risk. 
13.2 Third Party Sites & Ads
The Site might contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads“). If you link to a Third Party Site or an ad provided by a third party, you understand that the third party’s terms (including their terms of use and privacy policy) apply. Third Party Sites & Ads are not under the control of MirrorMirror and MirrorMirror is not responsible for any Third Party Sites & Ads. MirrorMirror provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to, and is not responsible for, Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. 
13.3 Other Users
Each Site user is solely responsible for any and all of its User Content. User Content is not under the control of MirrorMirror and MirrorMirror is not responsible for any User Content. MirrorMirror provides User Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the User Content. You use all User Content at your own risk. Your interactions with other Site users are solely between you and such user. If there is a dispute between you and any Site user, MirrorMirror is under no obligation to become involved. You agree that MirrorMirror will not be responsible for any liability, loss, or damage incurred as the result of any such interactions.
If you detect User Content on the Service that you believe violates our terms and conditions, please report it to MirrorMirror. Once you have submitted your report, MirrorMirror will review the reported account and/or User Content. If we determine that the account and/or the User Content are in violation of our terms and conditions, we will delete the reported content or permanently suspend the User account. 
13.4 Release
You hereby irrevocably and unconditionally release and forever discharge MirrorMirror (and our officers, employees, agents, successors, and assigns) from, and hereby waive, any and all past, present and future claims, demands, and rights of action, whether known or unknown, which arise from or relate to Third Party Sites & Ads, App Stores and/or other Users. 
13.5 Indemnity
You agree to indemnify and hold us (and our officers, employees, agents, successors, and assigns) harmless, from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to (i) your use of the Service, (ii) your User Content, or (iii) your violation of this Agreement. 

14. Liability and indemnification
14.1.    MirrorMirror, to the extent legally permitted, is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of the User’s use of, or inability to use the Software and/or the Services.
14.2.    The User agrees to indemnify and hold harmless MirrorMirror and its affiliates, and each of their respective, directors, shareholders and employees from and against any and all claims, losses and/or damages arising from or relating to (i) the User’s breach of any of these Terms; (ii) the User’s breach of any applicable law of regulation or (iii) the User’s use of any Software and/or the Services.
14.3    The User shall notify MirrorMirror of any (potential) claim in writing as soon as possible after the damage is discovered or could have reasonably been discovered.

15.    Termination of Use

You agree that MirrorMirror may, in its sole discretion, terminate or suspend your access to all or part of the Application or the Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that MirrorMirror may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Application. MirrorMirror shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16.    Disruption of Services. 

You acknowledge and agree that from time to time the Services and the Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which MirrorMirror may undertake from time to time, service malfunctions and causes beyond the reasonable control of MirrorMirror or which are not reasonably foreseeable by MirrorMirror, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.

17.    Privacy

Use of the Application allows MirrorMirror to gather information from and about you. This information is subject to MirrorMirror’s privacy policies (www.askMirrorMirror.com/privacy).

18.     Intellectual property rights

18.1.    The Software contains proprietary and confidential information that is protected by intellectual property rights owned by or licensed to MirrorMirror. MirrorMirror and/or its licensors retain exclusive ownership of the Software and all intellectual property.
18.2.    The User is not allowed to use the (source code of the) Software for any other purpose than making use of the Services. The User shall not make any changes to the Software, decompile the Software and/or manipulate the Software. In the event of any unauthorized use of the Software by the User, the User shall be liable for all damages suffered by MirrorMirror.
18.3.    MirrorMirror is a registered trademark of MIRRORMIRROR GROUP B.V. MirrorMirror has registered its trademarks in various countries worldwide. Without the prior written consent of MirrorMirror, the User is not authorized to use MirrorMirror’s trademarks and/or trade names.

19.     Final Provisions

19.1.    The rights and obligations of the User under the contract with MirrorMirror cannot be assigned or transferred except with the prior written approval of MirrorMirror. MirrorMirror shall at any time be entitled to assign its rights and obligations under this Agreement to a third party.
19.2.    All contracts entered into between MirrorMirror and the User are governed by Dutch law.
19.3.    Any dispute between MirrorMirror and the User shall in first instance exclusively be submitted to the competent courts in Amsterdam, the Netherlands, unless another Dutch court is competent by virtue of mandatory law.

If you have any question about MirrorMirror's T&C please contact us at sarah@askMirrorMirror.com.