PersianMirror Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:

Welcome to PersianMirror.com (the "Site"), provided by PersianMirror, LLC. ("PersianMirror"). These terms and conditions of use (“Terms of Use”) govern your use of the Site. By using the Site, you agree to the following Terms of Use and also agree that the Terms of Use may be changed in the future without further notice to you. In such event, your continued use of this Site after any such change constitutes your acceptance of the new Terms of Use. Further, these Terms of Use and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the Terms of Use or conditions of any other agreement you may have with PersianMirror for products, services or otherwise.

USE VOID WHERE PROHIBITED

Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms of Use and conditions of this Agreement.

Registering with PersianMirror

In order to take advantage of certain features on the Site, you may be required to register with PersianMirror. For example, you may be required to register with PersianMirror if you want to set up a "PersianMirror User Account”, in order to use, amongst other services and features, the message board. You may also be required to register with PersianMirror if you want to post any content or consumer reviews of certain events, movies, books, DVDs, and other content on the Site or businesses in your community. You may also be required to register to receive newsletters with local event information from PersianMirror. PersianMirror's use of any personal information that you provide to PersianMirror during any registration process is governed by PersianMirror's privacy policy.

Privacy Policy

PersianMirror believes strongly in protecting user privacy. Users of this Site should refer to our Privacy Policy for information about how PersianMirror collects, uses and discloses your personal information. This Site does not intend to target or collect personal information from minors (individuals under the age of majority).

My PersianMirror Account

If you register for a "PersianMirror Account”, you may be allowed to create and personalize PersianMirror content, receive and view offers from businesses listed on the PersianMirror system, and post ratings and reviews about PersianMirror businesses and other user reviews. By having a "PersianMirror Account” with PersianMirror, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms of Use, PersianMirror may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that PersianMirror believes is appropriate.

Posting Reviews on PersianMirror

PersianMirror reserves the right, but not the obligation, to refuse to post or to remove any review if it contains or features any of the following:

Unacceptable Content:

We reserve the right, but not the obligation, to refuse to post or to remove any review if it contains or features any of the following:
· Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar, or sexually explicit language;
· References to illegal activity;
· Content that contains personal attacks;
· Personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Web sites, etc.;
· Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
· Content other than text, such as photos, sound, or other images;
· Content determined by PersianMirror to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
· Content that is encrypted; or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
· Content that violates the standards of good taste or the standards of this Web site, as determined by PersianMirror in its sole discretion.

Reviews and content are not endorsed by PersianMirror

Any and all content on the PersianMirror web site, including but not limited to any reviews, listings of vendors, organizations or third parties do not reflect or constitute the views or endorsement of PersianMirror, its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Reviews are submitted by users and are posted as a convenience to other users. Users are encouraged to conduct their own diligence before using any vendor or reference provided by the Site.

Reviews are owned by PersianMirror

Reviews that are submitted to PersianMirror shall be owned exclusively and in perpetuity by PersianMirror. Such exclusive ownership means that PersianMirror, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. PersianMirror is under no obligation to give credit or pay any consideration to you for your Reviews. You hereby assign to PersianMirror all right, title and interest that you may have in such reviews.

PersianMirror does not assume responsibility or liability for any review or content on the Site or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. PersianMirror does not assume any responsibility whatsoever for any claims, damages, or losses to any business, organization, individual or third party that may result from any reviews posted by any user concerning such business, organization, individual or third party.

Links and Search Results

The Site may automatically produce search results that reference or link to third-parties or third party sites throughout the World Wide Web. PersianMirror has no control over such parties, their services, or these sites or the content within them. PersianMirror cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. PersianMirror does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against PersianMirror for any damages or losses, whatsoever, resulting from your use of the Site or any party referenced by or listed on the Site. Additionally, PersianMirror is a community directory that encourages business to list themselves on the Site.

USER RECOGNIZES THAT PERSIANMIRROR IS A COMMUNITY SITE AND THAT MUCH OF THE CONTENT OF THE SITE IS USER GENERATED. PERSIANMIRROR DOES NOT AUDIT, REVIEW OR QUALIFY PARTIES THAT LIST ON THE PERSIANMIRROR SITE. PERSIANMIRROR, THEREFORE, CANNOT OPINE THAT PARTIES LISTED BY THIS SITE, INCLUDING BUT NOT LIMITED TO THOSE LISTED IN THE “BUSINESS DIRECTORY” ARE LICENSED, CREDIBLE, LEGAL OR THAT THEY WILL PROVIDE SERVICES OF ANY VALUE OR AS MAY BE ADVERTISED BY SUCH PARTIES ON THE SITE OR ELSEWHERE. USERS ARE ENCOURAGED TO RESEARCH AND QUALIFY ANY BUSINESS OR SERVICE PROVIDER LISTED ON THE SITE BEFORE ENGAGING IN ANY BUSINESS WITH SUCH PARTY. USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL PERSIANMIRROR BE LIABLE FOR ANY ACT, OMMISSIONS OF ANY BUSINESS LISTED ON THE SITE THAT IS USED BY USER IN ANY WAY OR FORM.

Copyright

All Web site materials, including, without limitation, the PersianMirror logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright© 2004 PersianMirror, LLC. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of PersianMirror or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only, provided that you may not, without the permission of PersianMirror or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Trademarks
PersianMirror, the PersianMirror logo and other trademarks used on this Site in connection with the products and services described in this Site and product names and company names or logos mentioned herein, including without limitation PersianMirror.com and POM Rating are either trademarks (whether registered or not) of PersianMirror and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PersianMirror. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PersianMirror, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PersianMirror or the applicable supplier or licensor.

Licenses and Site Access

PersianMirror grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PersianMirror or any third party.
You may not use, frame or utilize framing techniques to enclose any PersianMirror trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without PersianMirror's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a PersianMirror name, trademark or product name without PersianMirror's express written consent.

Links and References

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray PersianMirror or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a PersianMirror logo or other proprietary graphic or trademark of PersianMirror to link to this Site without the express written permission of Persia Mirror. This limited right may be revoked at any time.
PersianMirror makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, sites linking to this Site, or the information or services of any vendor, organization or party referred to or listed by this Site. The linked sites or referenced/listed vendors or organizations are not under the control of PersianMirror and PersianMirror is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites or the services, quality of services, actions or omissions of any service provider, organization or third party referenced or listed on this Site. PersianMirror is providing these links, listings and references to you only as a convenience, and the inclusion of any link, reference or listing does not imply affiliation, endorsement or adoption by PersianMirror of such a site, vendor, organization or any information contained therein. When leaving the PersianMirror site, you should be aware that PersianMirror's Terms of Use and policies no longer govern, and therefore you should review the applicable Terms of Use and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites
2. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
3. Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files
4. Not to use or attempt to use another's account, service or system without authorization from PersianMirror, or create or use a false identity on this Site
5. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
6. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Forums and Interactive Areas on this Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:

1. Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the Nasdaq
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
5. Without PersianMirror's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

PersianMirror takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. PersianMirror reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless PersianMirror and its affiliates and parties with whom PersianMirror has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by you or the use by third parties of this Site.

Copyright Policy and Copyright Agent

It is PersianMirror's policy to respect the copyright and intellectual property rights of others. PersianMirror may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, PersianMirror may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that PersianMirror or any user of our site has infringed your copyright in any material way, please notify PersianMirror’s Legal Counsel and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
2. An identification of the copyrighted work claimed to have been infringed
3. An identification of the material that you claim is infringing so that we may locate it on the site
4. Your address, telephone number and email address
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved

PersianMirror's Legal Counsel can be reached by email at legal[AT]PersianMirror[DOT]com or by mail at Legal Counsel, PersianMirror LLC, 250 Southend Avenue F17 New York, NY 10280, or by telephone at 212.786.4824.

Indemnification

You shall remain solely liable for the Content of any messages or other information you upload or transmit to PersianMirror, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless PersianMirror from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to PersianMirror, or postings on this Site, are not confidential and shall become the sole property of PersianMirror. PersianMirror shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to PersianMirror, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PERSIANMIRROR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OR TRADE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PERSIANMIRROR OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT PERSIANMIRROR DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, PERSIANMIRROR AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
PERSIANMIRROR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THIS SITE OR ITS CONTENT IS FACTUAL, CORRECT OR WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. PERSIANMIRROR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY PERSIANMIRROR VIA EMAIL OR OTHER MEANS, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED THROUGH PERSIANMIRROR, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES PERSIANMIRROR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PERSIANMIRROR OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
PERSIANMIRROR ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF PERSIANMIRROR, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
PERSIANMIRROR DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE, SHALL PERSIANMIRROR OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING PERSIANMIRROR.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE PERSIANMIRROR OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PERSIANMIRROR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

These Terms of Use and conditions shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use and conditions shall be filed only in the Superior Court of New York County, New York, or the United States District Court for the District of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use and conditions.

Termination
Notwithstanding any of these Terms of Use and conditions, PersianMirror reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

If any provision of these Terms of Use and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and conditions and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

Subject to any other agreement that you may enter into or have entered into with respect to specific services or products offered through this Site, these Terms of Use represent the entire agreement between you and PersianMirror relating to your use of this Site and supercedes all prior understandings, agreements and representations.