Terms of Service

Effective Date: October 26, 2023

Welcome to mirthy.xyz. These Terms of Service ("Terms") govern your access to and use of the mirthy.xyz website and any related services, content, and applications (collectively, the "Service") provided by mirthy.xyz ("we," "us," "our," or "the Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and mirthy.xyz. We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service after such posting constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

The Service is provided for your personal, non-commercial use, subject to your compliance with these Terms.

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

2.2 Account Registration

Access to certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available uninterrupted, secure, or error-free.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or through the Service.

3.1 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating any other users of the Service.
• Posting or transmitting content that is unlawful, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, or otherwise objectionable.
• Violating or infringing upon the intellectual property rights, privacy rights, or other rights of any third party.
• Using the Service to distribute viruses, malware, or any other technologies that may harm the Service, or the interests or property of other users.
• Attempting to circumvent any content-filtering techniques or security measures we employ.
• Using any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to our servers than a human could reasonably produce in the same period.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.

3.2 User Content

You retain ownership of any intellectual property rights that you hold in the content you submit ("User Content"). By submitting User Content, you grant mirthy.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business. You are solely responsible for your User Content and the consequences of posting it. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms.

4. Intellectual Property

4.1 Our Property

The Service, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by mirthy.xyz, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The mirthy.xyz name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of mirthy.xyz or its affiliates or licensors. You must not use such marks without our prior written permission.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIRTHY.XYZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIRTHY.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (