Terms of Service

Terminology Used

 

“Managed for Mimi” refers to the body which owns ManagedForMimi.com and offers content marketing services via this website. Managed for Mimi is a project of Action Packed Media, an international media boutique operating in Newton, MA, and Karkur, Israel. In the context of this agreement, Managed for Mimi may refer to any of the above listed individuals and entities, as well as their successors, licensees and assigns, and their respective employees, officers, directors, shareholders, members, partners and agents (“Representatives”).

 

“Subscriber” refers to any visitor to ManagedForMimi.com who has opted to retain the services of Managed for Mimi and agreed to the terms of service, either as an individual or as a representative of an organization.

 

“Content” refers to information of any kind, including text, video, audio and any combination of these as well as the way they have been designed, processed, laid out, distributed and presented including (but not limited to) any picture, photograph, illustration, animation, sketch, image, simulation, sample, film clip, audio file, music file, any other file, software, computer code, application, format, protocol, database, interface and any character, mark, symbol and icon.

 

Liability and Subscriber Obligations

 

The subscriber agrees to comply with the provisions of these Terms of Service and the provisions of any law or regulation when using the website and its associated publications. Moreover, the subscriber shall comply with all the conditions that appear in connection with the website services.

 

The subscriber agrees to supply all resources necessary to perform the services, except as explicitly provided otherwise in this agreement.

 

The subscriber is solely liable for any damage resulting from reliance on the content provided in and/or via ManagedForMimi.com and/or resulting from the use of Managed for Mimi’s services. The subscriber is aware that Managed for Mimi and its Representatives shall not bear liability for any direct and/or indirect damage, financial and/or otherwise, suffered by the subscriber and/or third parties, resulting from reliance on or use of the aforesaid. This restriction shall also apply if Managed for Mimi and/or anyone on its behalf foresaw and/or could have foreseen the damage in advance.

 

The subscriber agrees to indemnify, defend and hold Managed for Mimi (and its successors, licensees and assigns, and their respective Representatives) harmless from any and all loss, liability, damage, claims, demands, or suits and related costs and expenses (including reasonable attorneys’ fees and court costs, whether or not in connection with litigation) to persons or property that arise, directly or indirectly, from any acts or omissions of Managed for Mimi, or of Managed for Mimi’s Representatives, or from the breach of any term or condition of this agreement.

 

Amending the Terms

 

Managed for Mimi reserves the right to adapt and/or suspend and/or cease and/or change and/or expand the site’s content and/or services or part thereof at any time, including its character, authorizations for access thereto, availability, scope, hours of operation, and also software and/or equipment required to access the services. Managed for Mimi reserves the right to restrict certain activities and/or services and/or access thereto, in full or in part. In any event, it is hereby declared and agreed that Managed for Mimi shall not bear liability for any damage resulting from the aforesaid.

 

Managed for Mimi shall be permitted to change and/or amend and/or remove and/or add conditions to the Terms of Service or part thereof from time to time and at its exclusive discretion, provided that any such amendment appears on the website, as Terms of Service normally appear. It is clarified that Managed for Mimi shall not be required to notify each subscriber personally regarding the said changes. Any change and/or amendment in the Terms of Service will be binding from the date of its publication on the website, unless explicitly specified otherwise.

 

Managed for Mimi may offer, at its exclusive discretion, special activities, services and content subject to special or differing conditions, which shall be notified to all or some of the surfers at its exclusive discretion and according to criteria to be determined. It is hereby clarified that subscribers’ participation in the activities and/or exposure to the special content shall be considered agreement to the special terms, which shall be set out near the special activity, service or content, as the case may be, and in a manner determined by Managed for Mimi management. Any reference herein made to the Terms of Service shall include any special terms according to this section.

 

Copyright and Intellectual Property Rights

 

Managed for Mimi acknowledges that all original marketing materials which are generated by Managed for Mimi pursuant hereto shall be the sole property of the subscriber.

 

Copyright and any other intellectual property rights of ManagedForMimi.com, including the website name, content, software and supplementary software that are used to operate the site, belong to Managed for Mimi and/or its Representatives, whether or not notice of copyright has been included in relation to specific information. Copyright and any other intellectual property rights in other sites to which this website contains a link, belongs to the operators and/or owners of those other sites and/or pursuant to that stated on those sites.

 

The subscriber agrees not to copy, download, print, distribute or make any other use of Managed for Mimi’s proprietary content, unless written consent from Managed for Mimi management is obtained.

 

Harmful Content and Spam

 

The subscriber agrees not to send and/or install and/or publish information that is by law and/or contract not permitted – such as information that is harmful and/or stolen and/or misleading and/or the transfer of which is against public policy and/or constitutes a criminal offense and/or give rise to civil liability or otherwise violates the law, including where such activity constitutes breach and/or harm to copyright, trademarks, privacy laws or libel laws.

 

Likewise, the subscriber shall not send and/or install and/or publish and/or distribute and/or make public in any other way any content which contains a virus or any other harmful content and/or constitutes chain letters, breaches of any intellectual property rights, invasions of privacy, harm to reputation, obscenity, profanity, libel, affront, intimidation, threats, pyramid games, virus hoaxes, false alarm messages, “spam” or similar material and/or contain and/or encourage and/or promote violence and/or pornography and/or racism and/or bigotry.

 

Publication of notices and/or links on ManagedForMimi.com does not constitute a recommendation or encouragement by Managed for Mimi to purchase services and/or products offered thereby, and the conditions of any transaction entered into as a result of the notice or information published on ManagedForMimi.com shall be finalized directly between the subscriber and the relevant publisher and/or supplier and is their sole responsibility.

 

Registration and Proper Use of Services

 

In the course of registration and thereafter, the subscriber undertakes to provide accurate, complete and updated information. The subscriber agrees to update Managed for Mimi management in the event of a change to any other relevant information regarding the subscriber. All subscribers must be above 18 years of age.

 

The subscriber agrees to never transmit, publicize or publish any information and/or detail belonging to another person or entity in a manner that is misleading and/or in which he represents himself as any other person or entity. Managed for Mimi reserves the right, at its exclusive discretion, not to approve a subscription that it believes is not suitable or that may be misleading and/or harmful.

 

A breach of the undertakings set out in this section of the Terms of Service, including the provision of misleading information, may result in services being blocked, as well as the filing of a complaint with the police, in addition to any other rights available to Managed for Mimi under law.

 

The subscriber shall be solely responsible for maintaining the integrity of his password, and shall bear responsibility for any use made of the password, even if this occurs without authorization. Managed for Mimi shall not bear liability for any damages caused to the subscriber and/or anyone on his behalf and/or any third party as a result of unauthorized use of the subscription.

 

Managed for Mimi has the right to immediately terminate a subscription without prior notice in the event of non-compliance with the conditions stipulated in these Terms of Service, at its sole discretion and without derogating from any rights available to it under law and/or these Terms of Service.

 

Jurisdiction and Notices

 

The laws of the United States shall apply to the Terms of Service and/or any other matter connected with Managed for Mimi and/or deriving therefrom, and Managed for Mimi management reserves the right to name the authorized court of law of its choice for exclusive legal jurisdiction as necessary.

 

Managed for Mimi shall be permitted to send notices to the subscriber via email to the address provided by the subscriber. Notice that was sent to a subscriber via email shall be deemed to have been received on the business day following the date on which it was sent.

 

Our Commitment to Data Security

 

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Managed for Mimi has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online.

 

Managed for Mimi never stores or transmits any of its service subscribers’ credit card data. This information is collected via a secure service with its own authentication, encryption and SSL infrastructure to ensure that this sensitive data is sent safely from your web browser to the credit card billing gateway.

 

Managed for Mimi’s checkout forms also use CAPTCHA, for an additional layer of protection, to ensure that harmful scripts are incapable of sneaking their way in to the system.

The ManagedForMimi.com hosting servers sit in a controlled facility guarded by armed agents, a Biometric security system and a CCTV camera system, 24/7.

 

The safety of Managed for Mimi subscribers’ credit card data is paramount, and its network architecture, software design, policies and internal work flow procedures are all compliant with the industry standards specified in the PCI Data Security Standard (PCI DSS).

 

Privacy Policy and Data Collection

 

In establishing and operating ManagedForMimi.com and Managed for Mimi services, considerations relating to the privacy and security of subscribers have been equally taken into account along with the content and services supplied.

 

Managed for Mimi has a policy of honoring and protecting the privacy of subscribers, and accordingly Managed for Mimi shall refrain from forwarding personal details collected with respect to subscribers, to the extent that these are collected.

 

However, it may become necessary for Managed for Mimi to share subscriber data with the relevant authorities, if the subscriber violates the Terms of Service, if disputes with subscriber or related legal proceedings arise, or if Managed for Mimi suspects that preventable damage or harm may be caused by subscribers.

 

Managed for Mimi may collect details concerning the use of its services and publications, such as date, time, type of browser, type of operating system, IP addresses of visitors to the site and address of the referring page. Subject to the Terms of Service and this declaration of privacy, these details are collected for internal purposes. This information is kept for various purposes, such as system management, balancing the load on servers, issuing of statistical reports, and the locating of user details in exceptional circumstances as aforesaid. The IP addresses are not associated with personal identifying details on the Managed for Mimi servers.

 

Most browsers allow cookies as a default. Subscribers have the option of reconfiguring web browsers so as to refuse cookies or to indicate when cookies are sent to their computers. Some of the functionality of the website may not operate properly on a computer that blocks cookies.

 

The subscriber is aware that personal details provided by the subscriber, insofar as such is provided, shall be stored in a secure database properly administered by Managed for Mimi, unless otherwise stated, and that it may be necessary to forward these personal details to a third party for the purposes of, and in the course of using, the services. In such an event, the instructions and regulations of the third parties shall apply to the personal details, and unless otherwise stated, Managed for Mimi shall not bear liability for, and/or have control over, such details. The subscriber hereby acknowledges and agrees that any information which may be gathered by Managed for Mimi or any associated body, for the purpose of subscription to the services via the website, shall be true and complete.

 

Managed for Mimi will never use or share the personally identifiable subscriber information provided online in ways unrelated to the ones described in this agreement without also providing the subscriber an opportunity to opt-out or otherwise prohibit such unrelated uses.

 

Service Details

 

The subscriber desires to engage Managed for Mimi on an independent contractor basis to provide content marketing services to the subscriber. The subscriber accepts such engagement on the terms and conditions set forth in this Terms of Service.

 

Managed for Mimi will keep the subscriber informed regarding the progress of all services performed under this agreement.

 

The subscriber retains the right to creative and editorial control throughout, and approval over, all aspects creation, production, post-production and completion of all materials generated by Managed for Mimi on behalf of the subscriber.

 

Managed for Mimi will submit all marketing content materials to the subscriber as drafts. The subscriber retains full control over final edits, publication timing of content web pages, send timing of all email promotions and recipient lists for all email promotions.

 

Details regarding the various Managed for Mimi service subscriptions can be found prominently displayed on ManagedForMimi.com.

 

Service Fees

 

When the subscriber completes the registration process, the subscriber’s credit card is charged a non-refundable $99 initial setup fee, after which a Managed for Mimi team member calls the subscriber to conduct a free phone consultation.

 

Once the subscriber has approved a content concept, Managed for Mimi begins production on the subscriber’s marketing materials, and monthly subscription billing begins.

 

Managed for Mimi’s invoicing system sends invoices to the subscriber against every payment.

 

Non Disclosure

 

Managed for Mimi will never reveal sensitive client business matters to non-authorized parties during the term of this agreement. These matters may include proprietary information, technical data, trade secrets, future designs, production processes, methods, customer lists, accounts, marketing processes, sales practices and projections, business plans, strategies, forecasts, unpublished financial information, budgets, vendor information and/or personnel information.

Service Duration Obligations, Cancellations and Refunds

 

This agreement goes into effect immediately upon the subscriber’s acceptance of its terms via registration forms.

 

The subscriber is free to change service plans or to end the service at any time, with pro-rated billings to be determined according to work commissioned prior to the subscriber’s notice of upgrade, downgrade or cancellation. For these purposes, the subscriber is obligated to receive written confirmation from Managed for Mimi that the subscriber’s notice of service upgrade, downgrade or cancellation has been received.

 

In the event that a subscriber feels that the marketing content which Managed for Mimi has created on behalf of the subscriber is inconsistent with the content concepts approved by the subscriber, the subscriber has the option to issue a refund request to Managed for Mimi management within 14 days of receiving the relevant materials from Managed for Mimi. Each refund request is processed by Managed for Mimi management within one week of receiving it, with a per-content item refund issued according to pro-rated billing figures. The initial setup fee of $99 is non-refundable.

 

Miscellaneous

 

Headings contained herein are for convenience only, and they shall not be seen as binding nor shall they be referred to for the purposes of interpretation.

 

All terms and words used in this agreement regardless of the gender in which they are used shall be deemed to include any gender as context may require.

 

The waiver by any party hereto of a breach of any provision of this agreement shall not operate or be construed as a waiver of any subsequent breach by any party.

 

These Terms of Service, which as aforesaid constitute an agreement between Managed for Mimi and the subscriber, constitutes the exclusive agreement between the parties with respect to the subject matter hereof and they replace any representation and/or undertaking and/or agreement previously entered into, verbally and/or in writing, between the parties.