Terms of Use

Welcome to the website at www.myraentertainment.com (“Site”), which is owned by M.Y.R.A. Entertainment, LLC (“M.Y.R.A.”) and its affiliated companies, M.Y.R.A. Entertainment Europe Ltd. and M.Y.R.A. Entertainment Asia Pte Ltd. This Site is operated by M.Y.R.A., and materials on the Site are owned, for the most part, by M.Y.R.A. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and M.Y.R.A.

M.Y.R.A. has created this Site for your personal, non-commercial use, enjoyment, entertainment and education. However, you are only authorized to access this Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an agreement (“Agreement”) between you and M.Y.R.A. Please read these Terms of Use carefully and save them. By accessing, viewing, or using the Site, you represent that you have read and understand these Terms of Use, including our Privacy Policy (located at www.myraentertainment.com/privacy/), and that you accept and agree to be bound by the Terms of Use.  If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at frontdesk@myraentertainment.com.

M.Y.R.A. reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact the Site Administrator at frontdesk@myraentertainment.com with your concerns.

As a condition of your use of the Site, you warrant to M.Y.R.A. that you will not use the Site for any purpose that is unlawful or prohibited or that is not expressly permitted by these Terms of Use. For example, but without limitation, you may not access or use the Site: (a) in violation of any local, national, or international laws (including import, export, copyright, and trademark laws); (b) in any manner that could damage, disable, overburden, or impair any M.Y.R.A. server, or the network(s) connected to any M.Y.R.A. server, or interfere with any other party's use and enjoyment of the Site; (c) to gain or attempt to gain unauthorized access to any other accounts, computer systems, or networks connected to any M.Y.R.A. server through hacking, password mining, or any other means; (d) to gain or attempt to gain access, through any means, to any materials or information that is not intentionally made available through the Site; (e) through a robot, spider, or other automated means; (f) to send unsolicited mail or communications, including any promotions or advertising; or (g) in a way that infringes the rights of or willfully harms any person or entity, including M.Y.R.A. All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view, download or print material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded or printed material.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of M.Y.R.A. or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

M.Y.R.A. reserves the right at all times to: (a) disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process, or governmental request; (b) edit, refuse to post, or remove any information or materials, in whole or in part, in M.Y.R.A.’s sole discretion; or (c) to terminate your account, or to cease offering the Site, in whole or in part, in M.Y.R.A.’s sole discretion, without prior notice.

This Site may contain links to or features of other websites for the convenience of users in: (a) locating information, products, or services that may be of interest; or (b) contributing user content or making user content available to or through this Site. Use of such third-party links or features is entirely at your own risk. M.Y.R.A. does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third-party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk and subject to the terms and conditions of such other websites. M.Y.R.A. does not endorse any product, service, or treatment provided on a third-party website or provided on this Site.

If M.Y.R.A. has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that M.Y.R.A. is connected with, operates or controls these websites.

M.Y.R.A. is not responsible for the content or practices of third-party websites that may be linked to this Site. This Site may also be linked to other websites operated by companies affiliated or connected with M.Y.R.A. When visiting other websites, however, you should refer to each such website’s individual TERMS OF USE and you should not rely on this Agreement.

Proprietary Rights

As between you and M.Y.R.A., M.Y.R.A. owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site or Services (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. The Site Materials are protected by copyright, trademark, trade dress, patent, and/or other applicable laws. You may not to remove or alter any copyright notice or any other proprietary notice on any Site Materials.  As between any user and M.Y.R.A., all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site (the “Marks”) belong solely and exclusively to M.Y.R.A., or its affiliates, licensors, or suppliers. Use or misuse of these Marks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have or acquire any rights or license of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms of Use. Except as expressly permitted by M.Y.R.A., in these Terms of Use or otherwise in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works from, reverse engineer, decompile or disassemble any aspect of this Site or any of its content, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the Marks or any other colorable equivalent without the prior written authorization of M.Y.R.A.

Privacy Statement

Any personal information that you provide to M.Y.R.A. on the Site is subject to our Privacy Policy, which is incorporated into these Terms. For more information, click here to view the Privacy Policy, which is incorporated into these Terms of Use by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to M.Y.R.A. via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.

No Representations and Warranties

The Site, the Site Materials, user content, information and other materials on, in and made available through this Site are made available “As Is.” Use of this Site is entirely at your own risk.  M.Y.R.A. and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the user content, the Site Materials, data and other materials on, in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement.

Limitation of Liability

M.Y.R.A. and its licensors shall not be liable for any indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to, use the Site, the user content, the Site Materials, data and other materials on, in and made available through, the Site, regardless of legal theory, whether or not you or M.Y.R.A. had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of M.Y.R.A. and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, user content, the Site Materials on, in and made available through the Site, or the data or other materials offered in connection therewith exceed the price paid by you during the preceding year for use of the Site.  Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.  If you are dissatisfied with this Site or with any of these Terms of Use, or feel M.Y.R.A. has breached these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

You acknowledge that M.Y.R.A. is not liable for any defamatory, offensive or illegal conduct or Site Materials found on or in connection with this Site, including any such conduct or Site Materials transmitted by any means by any other person.

Indemnification

You shall indemnify M.Y.R.A. and its directors, officers, employees, agents, contractors and licensors (“M.Y.R.A. Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with this Site and your use of this Site, the Site Materials or any services or data obtained through this Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the user content, the Site Materials, the information and other materials on, in and made available through the Site (except to the extent attributable to M.Y.R.A.), or any breach by you of these Terms of Use and shall indemnify and hold M.Y.R.A. Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of M.Y.R.A.  M.Y.R.A. may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If M.Y.R.A. does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to M.Y.R.A., subject to the right of M.Y.R.A. to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

Internet Security

M.Y.R.A. uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. M.Y.R.A. will use reasonable efforts to minimize such disruptions, where it is within M.Y.R.A.’s reasonable control. You agree that M.Y.R.A. shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. M.Y.R.A. does not guarantee that any information sent from its Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to M.Y.R.A. via the Site or the internet, including, for example, personal information such as your name or address. Should you elect to send or receive e-mail communications of any kind to or from M.Y.R.A., you represent and warrant to M.Y.R.A. that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You absolve and release M.Y.R.A. and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which M.Y.R.A. or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Claims

For claims of copyright infringement on the Site and for any other claims or complaints, please notify M.Y.R.A. at frontdesk@myraentertainment.com. Please include a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement, made under penalty of perjury: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Changes to these Terms; Termination

M.Y.R.A. reserves the right at any time to modify, alter or update these Terms of Use. If we change the Terms of Use, we will post a notice on the Site. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms of Use shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site after the change to learn of changes to the Terms of Use since their last visit. M.Y.R.A. may suspend or terminate your ability to use the Site, or any services on the Site, for failure to comply with these Terms of Use, for providing M.Y.R.A. with untrue or inaccurate information about yourself, for infringement upon M.Y.R.A.’s proprietary rights, or for any other reason whatsoever or for no reason, in its sole discretion. You may terminate these Terms of Use at any time by ceasing all use of the Site, and the Site content. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these Terms of Use are intended to survive and will survive the termination or expiration of these Terms of Use for any reason.

Governing Law

These Terms of Use represent the entire Agreement between you and M.Y.R.A. with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY, EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.

Waiver of jury trial: choice of forum

By accessing, viewing, or using this Site, you consent irrevocably to the exclusive jurisdiction of the federal and state courts, as applicable, located in New York County, New York. YOU IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY.

Miscellaneous

The Site is controlled and operated from within the United States. M.Y.R.A. makes no representation that the Site, Site Materials, user content, information or materials are appropriate or available for use in other locations, and access to them from territories where they are illegal is hereby prohibited. If you choose to access the Site from a jurisdiction other than the United States, you do so at your own risk and are responsible for compliance with applicable laws. The waiver or failure of M.Y.R.A. to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms of Use. Headings used in these Terms of Use are for reference only and shall not affect the interpretation of these Terms of Use. No person or entity not party to this Agreement will be deemed to be a third-party beneficiary of these Terms of Use or any provision hereof.  If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The M.Y.R.A. Initiative, a 501(c)(3) non-profit organization, is operated by M.Y.R.A. Entertainment (https://www.myrainitiative.org/).  The above Terms of Use shall apply equally to the M.Y.R.A. Initiative.