Mira Studio Kids Terms of use

Updated: 18.10.2021

Dear User Mira studio kids!

This website is operated by Mira Studio Kids, registered in the Denmark, with CVR Number 42270466. Responsible person Marina Borkun, for any questions you can contact by e-mail info@mirakids.net

These terms of use ("Terms") govern the access, browsing and use by the users ("User" or "Users", as applicable) of https://www.mirakids.net/, including any of its subdomains and/or sections ("Website"); as well as the services rendered through the Website ("Service" or "Services", as applicable) which include the download and use of certain content (“Content»).

The term “Materials” means all materials available for purchase on the Mira studio kids website.

This License Agreement sets out the terms of the User's non-exclusive and limited copyright license in relation to the digital Content available on mirakids.net.

In respect of collection and processing of personal data, the Privacy policy will be applied.

These Terms constitute a legal agreement between the User, or another person on whose behalf this agreement is concluded, and Mira studio kids and govern the rights and obligations in relation to any materials, the license for which is transferred to the User. This license is single-user and allows one individual to buy and use the Materials, no other person has the right to access and use the materials, the license for which is issued in the name of the User. Please refer to these Terms whenever you purchase material licenses. Mira studio kids reserves the right to change these Terms at any time in its sole discretion. Changes to these Terms will only apply to future purchases. If you license the materials after any such changes, you agree to be bound by the amended Terms. The date at the beginning of these Terms refers to the last update of these Terms that will apply from the date of posting.

Liability

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site.

The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its employees from any liability in which they may incur as a result of the User’s breach of these terms.

The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity. As way of example and without limitation, the Company shall not be liable for any damages that may result from:

Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
Third-party actions.
Unavailability of the Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.

Regarding content owned by third parties and offered through the Websites in collaboration with the Company, the Company acts exclusively as the provider of the intermediation service between the third parties’ offer of content and the Users interested in downloading them, without any liability in relation to such contents.

The insertion of links in the Website does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website

Intellectual Property

All intellectual property rights over the Website, the Services, the Materials, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, etc.) belong to the Company.

Except as expressly authorized under the terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services or its content or any of its parts, is strictly forbidden.

Third party content is protected by intellectual property rights, as the case may be, and belongs to their respective owners. While searching the Website may find and provide access to it, its download and use are subject to terms set by the relevant third party. The Company does not own and cannot grant any licenses or permissions in relation to Third Party Content. The User must obtain the permissions that are required in each case to use any Third Party Content.

If the owner of the Third Party Content does not want to be included in the content on the Company's Website, the third party may contact the Company by writing an email to info@mirakids.net.

If you believe that any content violates the rights of third parties or does not comply with these Terms, you can report this to the Company by writing to info@mirakids.net.

Changes and Closure of the Website

The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User news subscription and their corresponding information.

General and Contact Information

The use of the Website and the Services and the interpretation and application of these terms shall be governed by Danish Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these terms shall be resolved by the Courts of Copenhagen (Denmark), and the parties expressly waive any other applicable jurisdiction.

If any provision in these terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these terms shall not be affected in any way.

You may contact the Company for any query or claim via info@mirakids.net.

Registration

In order to use certain Services, the User must provide a valid email address where the User will receive notifications related to the Services.

The User agrees to provide the mandatory information necessary to provide the service and also acknowledges that such information is true, complete and up to date. The user is solely responsible for providing false, outdated or incomplete information.

The User is responsible for all operations carried out through any device.

The Company may suspend or cancel the User’s account if it considers that the User has breached these terms.

Services offered

Through the Website, the User can search for visual content such as illustrations and board games in digital format, PDF files, as well as specific information and links.

As a result of such searches, the Services may offer content owned by the Company ("Mira studio kids' Own Content"). Mira studio kids' own content can be downloaded through the Website.

The website may also offer, as a result of user searches, content offered by third parties freely available over the Internet ("Third Party Content").

7 . Permission to use

Mira studio kids hereby grants you a non-exclusive, non-transferable, worldwide, perpetual right to use and reproduce the Content subject to the terms of the applicable license and the restrictions described in this document.

The User agrees not to use the Website negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties.

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith.

The User will not interfere with the functioning of the Website, in particular, he/she/it will not impersonate another user or person.

The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website.

The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party totally or partially, by any mean, without the prior, express and written consent from the Company.

The Company authorizes the User to download and use the Mira studio kids Content under the terms of this Section. The Company reserves all rights over the Mira studio kids Content.

The Company authorizes the User in a non-transferable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download and use the Mira studio kids Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the content in the Freepik Content provided that it:

Does not involve collective use(if you are a teacher in a kindergarten or school and want to use the Content in group lessons, then write to us at info@mirakids.net);

The content in the Mira studio kids Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website;

Does not resell, assign, transfer or sublicense the content in the Mira studio kids Content or any derived work from a content in the Mira studio kids Content;

Does not use the content in the Mira studio Content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold;

Does not use the content in the Mira studio kids Content (totally or partially) in any trademark, logo or part of the same;

Does not make any use of the content in the Mira studio kids Content which might be considered defamatory, libellous, obscene, immoral or illegal;

Does not make any use of the content in the Mira studio kids Content to slander, libel or to vilify a person, race, sex, culture, religion, country, region, town, village or any other place;

Does not use in advertising or promotional materials tobacco products;

Does not use in a political context, such as in advertisements, promotional materials or in materials produced in support of any political party, candidate or elected official, or in connection with any political course or point of view;

The user is prohibited, directly or indirectly, from creating a false impression that any Content was created by you or any other person who is not the copyright holder of this Content.

The user is prohibited from allowing third parties to use the Mira studio kids Content (or any modification of any content in the Mira studio kids Content). The fulfillment of the above conditions in relation to the exclusion from the prohibition for users to allow third parties to use the content in the Content of Mira studio kids should be construed in a restrictive manner, so that in case of doubt the conditions are considered not fulfilled.

The User does not acquire any right as a result of the use of the content in the Mira studio kids Content. In particular, the User is not authorized to distribute, resell or rent any content in the Mira studio kids Content (or any modification of any content in the Mira studio kids Content).

The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Mira studio kids Content and will destroy every copy, whether total or partial, thereof.

Mira studio kids does not guarantee that visual materials or other materials will meet your requirements or that their use will be uninterrupted or error-free. All risks in relation to the quality, performance and use of the Materials are assigned exclusively to the User.

7.1 Third party content

Regarding Third Party Content, the Website's role is limited to completing the search requested by the User and providing such content as a search result with a link to the relevant website together with specific related information.

The Company is not the provider of the Third Party Content and does not present itself as the owner of such contents. Furthermore, displaying the search result and the link does not imply any relationship between the Company and the third party responsible for the Third Party Content.

The Company does not, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content is the sole responsibility of the third parties that make them available to the public over the Internet.

The User will be able to access the corresponding third party websites and download Third Party Content under the terms and conditions established by such third parties. The Company shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of Third Party Content.

7.2 Mira studio kids Own Content

Mira studio kids Own Content is offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.

This is an individual license for non-commercial use only (as defined below) and the Content may only be used and made available (as permitted by this License Agreement) to one individual who is the User named at the time of purchase.

If several people work together to use the same Content, then each of them must acquire a license to that Content. The user can select multiple users (or jobs) at the time of purchase.

Non-commercial use

"Non-commercial" use is purely personal use.

Mira studio kids content may appear in a non-commercial project.

Permitted uses

✓ Physical Products for Non-Commercial Use: The User may create physical end products not for resale or wholesale such as, but not limited to, board games, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Non-commercial use only.

✓ Product Packaging for Non-Commercial Use: The User may create physical or digital end packaging products for Non-commercial use such as, but not limited to, labels, stickers, or containers, etc. for Non-commercial use only.

✓ Digital Products for Non-Commercial Use: The User may create digital end products for non-commercial use such as static designs, static website elements for Non-commercial use only.

✓ Digital or Print Publication for Non-Commercial Use: The User may use the Content in digital or print publications such as cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Non-commercial use only.

✓ Personal Social Media for Non-Commercial Use: One personal or individual social media account (not on a company or business social media page) for Non-commercial use.

Prohibited uses

✗ All End Products for Commercial use (including, without limitation, physical products, product packaging, digital products, or digital or print publications) are prohibited.

✗ Company Social Media: is prohibited for Non-commercial use.

✗ Physical (Printed, Paid or Unpaid) Advertisements: Such as billboards, signage, printed advertisement, etc. are prohibited for Commercial use or Non-commercial use.

✗ Digital (Paid or Unpaid) Advertisements: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. are prohibited for Commercial use or Non-commercial use.

✗ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.

✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.

✗ Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).

✗ Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

✗ Any other use that is not expressly permitted in Section 7 is strictly prohibited.

Conditions for the Purchase

The terms in this Section ("Purchase Terms") govern any purchase in the Website. When concluding the purchase procedure, it shall be deemed that the User has read and accepted, without exception, the Purchase Terms.

These Purchase Terms are available to the User before the purchase and may be stored or reproduced on a durable medium.

The Purchase Terms are available in English.In case the User is interested in making any purchase, it has to follow the instructions available in the Website from time to time.

The items available for Purchase are offered in the Website with indicated pertinent information, price and conditions. The Company can modify the offered Purchase Terms at any time, offering new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services.

The Purchase is personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Mira studio kids Content.

The price for the Purchase is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Purchase at any time. The Company shall apply the price stated in the Website at the time of the submission of the Purchase order by the User.

The User shall pay for the Purchase in advance through Paypal or credit/debit card, as stated in the Website. To purchase and pay the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites.

When ordering any Purchase, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Purchase shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity.

Once the User makes the Purchase, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed.

After that, the User receives the purchased product in PDF file format to the email address specified by the User.

As the content of the Website is digital, the right of cancellation does not apply and the purchased product cannot be returned.

Mira studio kids will under no circumstances be liable for a refund. All payments are non-refundable. If Mira studio kids considers that you are entitled to a refund of all or part of the amount paid by you, such refund will be made only to the same card or the same account from which you originally paid the purchase price.

If Mira studio kids is required to withhold indirect and / or transactional taxes (e.g. sales tax, value added tax, goods and services tax, etc.) under the laws of your country of residence, you will be responsible for paying such indirect taxes. In cases where Mira studio kids or you are required to collect or pay direct or indirect taxes, you may need to calculate such tax yourself in accordance with the current legislation of your country of residence.

Liability and damages

The User will be responsible for any damages to the Company resulting from the User's use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its employees from any liability in which they may incur as a result of the User's breach of these Terms.

The User also undertakes to reimburse Mira studio kids for all costs that it may incur if the User violates the terms of this or any other agreement with Mira studio kids.

As way of example and without limitation, the Company shall not be liable for any damages that may result from:

Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility. Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid. Third-party actions. Unavailability of the Website and the Services due to maintenance or software updates. Any other event beyond the Company’s direct control.

Access to the Website and its use implies that the User has read and accepts these Terms without exception. In the event that the User does not accept the Terms or objects to any part of these Terms, the User should not use the Website.

This License Agreement constitutes the only and complete agreement between the User on the one hand and Mira studio kids on the other, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

This License Agreement cannot be construed against the originator.