|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
Affiliates Terms of Service of RNA LLC Dba Mia Belle Girls
These Terms of Service constitute an agreement (this “Agreement”) for the provision of Services by Mia Belle Girls, property of RNA LLC a company duly established and validly under the Bulgarian law enterprise, address at existing under the laws of 226 NW 3rd Ave Hallandale FL 33009, Hallandale Beach, Broward County Florida 33009-7259 (Mia Belle Girls), and any person or entity opening an online account with Mia Belle Girls (“Customer”) as specified in the information provided by Customer to Mia Belle Girls in the online registration form.
This Agreement is effective as of the date Customer clicks “I accept” or a similar button in the process of opening an online account with Mia Belle Girls (the “Effective Date”). Customer’s use of and Mia Belle Girls’ provision of the Cloud Services and Mia Belle Girls System (each as defined below) are governed by this Agreement.
1. DEFINITIONS. The following capitalized terms shall have the following meanings whenever used in this Agreement.
"Affiliate" means an individual or business entity generating its own traffic and thus rewarded by a respective Merchant with whom such Affiliate has a contractual relationship for qualified sales, leads, clicks, or other measurable action registered by Merchant on Merchant’s website.
"Affiliate Sales Revenue" means the total amount of the proceeds received from the sale of products or services by Customer acting as a Merchant and generated by Merchant’s Affiliates as tracked back to Customer in the System. Such amount shall be net of the amounts with respect to any and all sales, property, use, value-added and similar taxes and discounts.
"Aggregate Data" has the meaning ascribed to it in Section 4.7 hereof.
"Cloud Services" means such software as a service (“SAAS”) and related services as Mia Belle Girls may provide from time to time to its Customers acting as Merchants with respect to one or more Affiliates via the System, including Affiliate Sales Revenue tracking and management services for the purposes of tracking, reporting, and issuance of commission payments by Merchants to Affiliates on a subscription basis.
"Confidential Information" has the meaning ascribed to it in Section 7.
“Customer” means: individual or business entity that is using the services provided by Mia Belle Girls
"Customer Data" means data in electronic form input or collected through the System by or from Customer, including without limitation by Customer’s Users.
"Customer Order" means an order for access to the System on a subscription basis entered by Customers through Mia Belle Girls’ online registration process on the Website and acknowledged by such Customers through a click-to-agree online process.
"Documentation" means Mia Belle Girls’ standard manual related to the use of the System, as well as any additional documentation provided to the Customer in connection with this Agreement.
"Excluded Data" has the meaning ascribed to it in Section 4.6 hereof.
"Feedback" has the meaning ascribed to it in Section 7.2 hereof.
"Merchant" means an e-commerce entity paying a commission, referral fee, or similar compensation to an Affiliate for qualified sales, leads, clicks, or other measurable action by a visitor generated or referred to by such Affiliate to the Merchant’s website.
"Subscription Fees" has the meaning ascribed to it in Section 3.1 thereof.
"System" means Mia Belle Girls’ proprietary online platform designed for building and sharing software, SaaS, and mobile application integrations for the Cloud Services, using the visual workflow editor or any major programming language.
"Term" is defined in Section 12.1 below.
"User" means any individual who uses the System on the Customer’s behalf or through the Customer’s account or passwords, whether authorized or not.
"Website" means the website owned and operated by Mia Belle Girls at https://www.miabellebaby.com/.
2. THE SYSTEM. The following capitalized terms shall have the following meanings whenever used in this Agreement.
Use of the System. During the Term and provided that this Agreement has not been terminated by either party and in consideration of the payment of the Subscription Fees, Customer may access the System for the purpose of using Cloud Services pursuant and subject to: (a) the terms of any outstanding Customer Order, including such features and functions as the Customer Order provides and any limitations on the number of Affiliates; and (b) Mia Belle Girls’ other policies posted on its Website at www.affiliatly.com, as such policies may be updated from time to time.
Documentation. Customers may reproduce and use the Documentation solely as necessary to support Users’ use of the System.
System Revisions. Mia Belle Girls may revise System and Cloud Services features and functions at any time, including without limitation by removing such features and functions. If any such revision to the System or Cloud Services materially reduces features or functionality provided pursuant to a Customer Order, Customer may within 30 days of notice of the revision terminate such Customer Order, without cause, or terminate this Agreement without cause if such Customer Order is the only one outstanding.
Fees. Customer (Merchant/Advertiser) shall pay Mia Belle Girls the fees for the access to the System and use of the Cloud Services (“Subscription Fees”) in accordance with the schedule of Subscription Fees which are posted on the Website for the relevant System Service from time to time or as specified in the Customer Order. Subscription Fees are dependent on the number of Affiliates and such other capacity limitations as may be stated in the schedule of Subscription Fees on the Website or in the Customer Form, if applicable.
Payment of Fees. Customer (Merchant/Advertiser) authorizes Mia Belle Girls to charge an amount equal to the amount of the Subscription Fees as provided in Section 3.1 hereof on a monthly basis (unless the relevant Customer Order provides otherwise). Customer hereby agrees to keep such valid credit card and/or bank account in effect with sufficient credit limit to enable Mia Belle Girls to charge the Fees every month of each Term, as applicable, and not to challenge such charges or to request reversal of such charges. Mia Belle Girls will not be required to refund the Fees under any circumstances.
4. Customer Data & Privacy.
Use of Customer Data. Unless it receives Customer’s prior written consent, Mia Belle Girls: (a) shall not access, process, or otherwise use Customer Data other than as necessary to operate and facilitate the System, to provide Cloud Services to Customer and to improve customer experience on the System; and (b) shall not grant any third-party access to Customer Data, including without limitation Mia Belle Girls’ other customers. Notwithstanding the foregoing, Mia Belle Girls may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Mia Belle Girls shall give Customer prompt notice, if permitted by applicable law, of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.
Risk of Exposure. The customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the System, the Customer assumes such risks. Mia Belle Girls offers no representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.
Data Accuracy. Mia Belle Girls shall have no responsibility or liability for the accuracy of data uploaded to the System by Customer, including without limitation Customer Data and any other data uploaded by Users. In addition, Mia Belle Girls shall not be responsible or liable for any affiliate commission payment calculation errors in connection with PayPal or other online payments made in reliance on the reports generated from the use of the System or of any application programming interface keys generated by the System.
Data Deletion. Mia Belle Girls may permanently erase Customer Data if the Customer’s account is delinquent, suspended, or terminated for 30 days or more.
Excluded Data. Customer represents and warrants that Customer Data does not and will not include, and Customer has not and shall not upload or transmit to Mia Belle Girls’ computers, servers, network, or other media, any data that is subject to heightened security requirements as a result of Customer’s internal policies or practices or by law or regulation. CUSTOMER RECOGNIZES AND AGREES THAT: (a) MIA BELLE GIRLS HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA IN THE CONTEXT OF THE HEIGHTENED SECURITY MEASURES; AND (b) MIA BELLE GIRLS’ SYSTEMS, INCLUDING THE SYSTEM, ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.
Aggregate and Anonymized Data. Notwithstanding the provisions above of this Article 4, Mia Belle Girls may use Aggregate Data in any way, at its sole discretion. “Aggregate Data” refers to Customer Data with the following removed: personally identifiable information and the names and addresses of Customer and any of its Users, Affiliates, end-users, or customers.
5. CUSTOMER’S RESPONSIBILITIES AND RESTRICTIONS.
Acceptable Use. Acceptable Use. Customer shall not: (a) use the System for service bureau or time-sharing purposes or in any other way allow third parties, including Customer’s affiliates, to exploit the System; (b) provide System passwords or other log-in information to any third party; (c) share nonpublic System features or content with any third party; or (d) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. In the event that it suspects any breach of the requirements of this Section 5.1, including without limitation by Users, Mia Belle Girls may suspend Customer’s access to the System without advanced notice, in addition to such other remedies as Mia Belle Girls may have. This Agreement does not require that Mia Belle take any action against Customer or any User or other third party for violating this Section 5.1 or this Agreement, but Mia Belle is free to take any such action it sees fit. In addition, Customers shall comply with all restrictions imposed by each merchant in connection with affiliate transactions.
Unauthorized Access. Customers shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other log-in information. Customers shall notify Mia Belle Girls immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach.
Compliance with Laws. In its use of the System, the Customer shall comply with all applicable laws and regulations, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data, including the General Data Protection Act.
Users & System Access. Customer is responsible and liable for: (a) Users’ use of the System, including without limitation unauthorized User conduct and any User conduct that would violate the requirements of this Agreement applicable to Customer; and (b) any use of the System through Customer’s account, whether authorized or unauthorized.
Users’ consents – The customer is responsible and declares that in any case where explicit consent for providing the services of Mia Belle Girls is needed by the natural person, such consents shall have been obtained BY the Merchant prior to the registration on Mia Belle Girls website and start using its services. In any case of installment of the plug-ins of Mia Belle Girls, the notification for using the services/for this functionality of the online store/website of the Merchant/the Customer shall be provided by the Merchant/the Customer. Mia Belle Girls is not responsible for any faulty given information regarding the lawfulness of the provided consent of the natural person.
Technical and organizational measures.
The Customer herewith declares that it has adopted the appropriate technical and organizational measures including, where applicable those under the GDPR.
6. AFFILIATE’S RESPONSIBILITIES AND RESTRICTIONS.
Affiliate acknowledges that they will use the System lawfully,
Accept that all disputes about payments/tracking/transactions/Merchant’s clients are between the Affiliate and the Merchant
In its use of the System, Affiliate shall comply with all applicable laws and regulations, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data, including the General Data Protection Act.
Affiliate will not use any forbidden by law and abusive methods of referring visitors to the Merchant’s store
Merchant or Mia Belle Girls may terminate the Affiliate’s account if Affiliate is not following its restrictions and/or responsibilities
7. IP AND FEEDBACK.
IP Rights to the System. Mia Belle Girls retains all right, title, and interest in and to the System, including without limitation all software, system software, and applications used to provide the System, including any source code, updates, improvements, enhancements, modifications, or derivative works thereof, whether or not patentable, and all inventions, content, graphics, media, user interfaces, logos, and trademarks contained in, displayed, performed or reproduced through the System. This Agreement is an agreement for services and does not grant Customer any intellectual property license or rights in or to the System or any of its components. Customers understand and agree that the System and its components are protected by copyright and other laws.
Feedback. Mia Belle Girls has not agreed to and does not agree to treat as confidential any Feedback (as defined below) Customer or Users provide to Mia Belle Girls, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Mia Belle Girls’ right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting Customer or the User in question. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Mia Belle Girls’ products or services.)
Limited License. Notwithstanding anything to the contrary contained herein, Customer hereby grants to Mia Belle Girls a limited royalty-free license and the right during the Term to disclose, use, modify, edit, create derivative works, reproduce and display for Mia Belle Girls’ training, marketing, advertising, publicity, and other business purposes Customer’s information, data and content associated with Customer’s Mia Belle Girls account and registration page, including without limitation, Customer’s affiliate program terms and other text and graphic elements supplied by Customer, provided however that Mia Belle Girls will remove specifically identifiable information, such as individual names, office addresses, email addresses and order numbers, therefrom prior to sharing such Customer’s information, data and content with third parties.
8. Confidential Information. “Confidential Information” refers to the following items Mia Belle Girls discloses to Customer: (a) any document Mia Belle Girls marks “Confidential”; (b) any information Mia Belle Girls orally designates as “Confidential” at the time of disclosure, provided Mia Belle Girls confirms such designation in writing within seven (7) business days; (c) the Documentation, this Agreement, Customer Order, Statements of Work and any communications between Mia Belle Girls and Customer in relation to this Agreement, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information disclosed by Mia Belle Girls, whether or not marked or designated “Confidential.” Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Customer’s possession at the time of disclosure; (ii) is independently developed by Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Customer’s improper action or inaction; or (iv) is approved for release in writing by Customer.
Nondisclosure. Customers shall not use Confidential Information for any purpose other than the use of the System for its ordinary internal business purposes (the “Purpose”). Customer: (a) shall not disclose Confidential Information to any employee or contractor of Customer unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with Customer with terms no less restrictive than those of this Article 8, and (b) shall not disclose Confidential Information to any other third party without Mia Belle Girls’ prior written consent. Without limiting the generality of the foregoing, Customer shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. The customer shall promptly notify Mia Belle Girls of any misuse or misappropriation of Confidential Information that comes to the Customer’s attention. Notwithstanding the foregoing, customers may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Customers shall give Mia Belle Girls prompt notice of any such legal or governmental demand and reasonably cooperate with Mia Belle Girls in any effort to seek a protective order or otherwise to contest such required disclosure, at Mia Belle Girls' expense.
Injunction. Customer agrees that breach of this Article 8 would cause Mia Belle Girls irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Mia Belle Girls will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
Termination & Return. With respect to each item of Confidential Information, the obligations of Section 8.1 above (Nondisclosure) will terminate five (5) years after the date of disclosure. Upon termination of this Agreement, Customer shall return all copies of Confidential Information to Mia Belle Girls or certify, in writing, the destruction thereof.
Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Mia Belle Girls will retain all rights, titles, and interests in and to all Confidential Information.
9. Representations & Warranties.
From Mia Belle Girls. Mia Belle Girls represents and warrants that it is the owner of the System and of each and every component thereof, or the recipient of a valid license thereto and that it has and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Mia Belle Girls’ representations and warranties in the preceding sentence do not apply to the use of the System in combination with hardware or software not provided by Mia Belle Girls. In the event of a breach of the warranty in this Section 9.1, Mia Belle Girls, at its own option and expense, will promptly take the following actions: (a) secure for Customer the right to continue using the System; (b) replace or modify the System to make it non-infringing; or (c) terminate the infringing features of the Cloud Services and refund to Customer any prepaid fees for such features, in proportion to the portion of the Term left after such termination. In conjunction with Customer’s right to terminate for breach where applicable, the preceding sentence states Mia Belle Girls’ sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 9.1 and for potential or actual intellectual property infringement by the System.
From Customer. Customer represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; (c) it is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
Warranty Disclaimers. Except as provided in Section 9.1 above, CUSTOMER ACCEPTS THE SYSTEM AND CLOUD SERVICES “AS IS'' AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) AFFILIATE HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) AFFILIATE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR, AND (c) AFFILIATE DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.
10. INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless Mia Belle Girls, RNA LLC and any associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Customer's alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims by Users or by Customer's employees, as well as by Customer’s own customers; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Customer’s account, including without limitation by Customer Data; and (d) claims that use of the System through Customer’s account harasses, defames, or defrauds a third party or violates the any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Mia Belle Girls’ negligence. Customer’s obligations set forth in this Article 10 include retention and payment of attorneys and payment of court costs, as well as settlement at Customer’s expense and payment of judgments. Mia Belle Girls will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subject it to any ongoing affirmative obligations.
11 LIMITATION OF LIABILITY.
Dollar Cap. MIA BELLE GIRLS’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID BY THE CUSTOMER TO MIA BELLE GIRLS IN A PERIOD OF TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CUSTOMER PRESENTS A CLAIM TO MIA BELLE GIRLS WITH RESPECT TO MIA BELLE GIRLS’ BREACH OF MIA BELLE GIRLS’ OBLIGATIONS UNDER THIS AGREEMENT.
Exclusion of Consequential Damages. IN NO EVENT WILL MIA BELLE GIRLS BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 11 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF MIA BELLE GIRLS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 11, Mia Belle Girls’ liability will be limited to the maximum extent permissible. For the avoidance of doubt, Mia Belle Girls’ liability limits and other rights set forth in this Article 11 apply likewise to Mia Belle Girls’ affiliates, licensors, suppliers, agents, directors, employees, consultants, advisors, and other representatives.
12. TERM AND TERMINATION.
Term. The term of this Agreement (the “Term”) shall commence on the Effective Date and continue for the initial term selected by the Customer in the online registration process as specified in a Customer Order. Following its expiration, the Term will renew for successive terms equal to the initial term specified in the Customer Order, unless either party refuses such renewal by written notice to the other party 30 or more days before the renewal date.
Termination for Cause. Either party may terminate this Agreement and any Customer Order if the other party: (i) fails to cure any material breach (including, without limitation, Customer's failure to pay the Fees) of this Agreement within thirty (30) days after written notice of such breach; (ii) ceases operation without a successor; or (iii) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days thereafter). Mia Belle Girls may disable links and reporting and payment functionality with respect to Affiliates of Customer effective immediately in its sole discretion.
Effects of Termination. Upon termination of this Agreement, Mia Belle Girls shall discontinue Customer’s access to the System and the Cloud Services and Customer shall cease all use of the System and the Cloud Services and shall promptly delete, destroy, or return all copies of the Documentation in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay the Fees (unless the termination is by Customer for cause); (b) Articles and Sections 7 (IP & Feedback), 8 (Confidential Information), 9.3 (Warranty Disclaimers), 10 (Indemnification), 11 (Limitation of Liability) and 13 (Publicity); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
13. PUBLICITY. In further consideration of the rights granted hereunder to Customer, Customer agrees to permit Mia Belle Girls to use Customer's name and trademarks and service marks to identify Customer as a Mia Belle Girls’ customer on the Website, in Mia Belle Girls’ marketing materials, and in other sales and marketing activities, provided that Customer does not notify Mia Belle Girls in writing of its revocation of such permission. The customer agrees to cooperate with Mia Belle Girls in reasonable publicity efforts involving the System, such as, for example, media releases and marketing materials in accordance with Mia Belle Girls’ reasonable request.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Site are the registered and unregistered Trademarks of Mia Belle Baby and Mia Belle Girls, respectively. Use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited.
Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information. You agree that you will not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law. All content on the Site, including text, pictures, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of Mia Belle Girls or its licensors and is protected by the U.S. and international copyright laws. All rights not expressly granted are reserved.
16. LINKS TO OTHER SITES
For your convenience, the Site may make available a variety of links to non-Mia Belle Girls websites. Mia Belle Girls does not guarantee the prices, terms, quality, reliability, or performance of the products or Products provided by these vendors. We are not responsible for any of the content that appears on these sites.
Independent Contractors. The parties are independent contractors and will represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf. The parties agree that no Mia Belle Girls employee or contractor will be an employee of the Customer.
Notices. Mia Belle Girls may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this Agreement to Mia Belle Girls, and such notices will be deemed received 72 hours after they are sent in writing and if delivered personally, mailed via registered or certified mail (return receipt requested and postage prepaid), given by facsimile (confirmed by certification of receipt) or sent by courier (confirmed by receipt) addressed to RNA LLC, 226 NW 3rd Ave Hallandale FL 33009, Hallandale Beach, Broward County Florida 33009-7259 (Mia Belle Girls).
Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
Assignment & Successors. Customers may not assign this Agreement or any of its rights or obligations hereunder without Mia Belle Girls’ express written consent. Except to the extent forbidden in this Section 14.4, this Agreement will be binding upon and inure to the benefit of the parties respective successors and assigns.
Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
Choice of Law & Jurisdiction This Agreement will be governed solely by the local laws.
Headings. The section headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.
Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
EU/EEA and Switzerland Data Processing. To the extent that Mia Belle Girls processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”), on Customer’s behalf, in the provision of the services hereunder, the terms of the Mia Belle Girls Data Processing Agreement, which are hereby incorporated by reference, shall apply. For customers that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Mia Belle Girls, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply.
Acceptance. THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS. THE PERSON ACCEPTING THIS AGREEMENT ON THE CUSTOMER’S BEHALF THROUGH MIA BELLE GIRLS’ ONLINE REGISTRATION PROCESS OR BY MEANS OF A CUSTOMER ORDER REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND THE CUSTOMER TO THESE TERMS AND CONDITIONS. The customer further acknowledges that this Agreement does not have to be signed in order to be binding. The customer will have indicated its assent to the terms of the Agreement by clicking on the "I accept" (or similar button) that is presented to the Customer at the time of its opening of an online account with Mia Belle Girls and submitting an order for the Cloud Services through Mia Belle Girls’ online registration process on the Website.
Updated and effective on October 7th, 2021
We are dedicated to your privacy!
This policy tells you, among other things, what information we gather from you, how we may use or disclose that information and our efforts to protect it. Please read this policy carefully, and feel free to contact us if you have any questions regarding its contents.
Types of Information Collected
In connection with your use of our Sites, we ask for and may collect a variety of information from and about you in different ways. For example, when you register to use any of our Sites, we ask for and store your and/or your business' name, address, email address and other identifying contact data. In addition, we collect photos that you share with us (including but not limited to photos posted on our Facebook wall), information that you supply regarding, information that you supply in response to a promotion, game or sweepstakes (on Facebook or otherwise), the clicks you make on our website or on Facebook, any information you supply in response to a survey (whether on Facebook, via email or on our website), the fact that you responded to a particular promotion, information that you supply about your contacts, technical information (including but not limited to your computer and browser type and IP address) and testimonials about a product or our company.
Use of Information
We use your personally identifying information to identify and register you as a user of a Site, change the amounts of virtual currencies or points that you have, promote our products and services, personalize our products and services including but not limited to the offers that we provide to you (including but not limited to personalizing our products and services based on any information that you authorize Facebook or another Site to provide to us), target advertising based on certain profiles of interests that you have (including but not limited to information that you authorize Facebook or another Site to provide to us), target your friends or connections on Facebook or another Site, suggest that you recommend that a friend make a purchase of a product from us, create slideshows or other photomontages based on your submissions and to protect our interests, including but not limited to enforcing the Terms of Service or to protect against fraud or misuse. We may use your email address or message you via Facebook or another service to contact you directly regarding services or products that we believe may be of interest to you (which may include the products of our trusted partners). We may also associate your personally identifying information with information we collect about your preferences and activities at a Site, such as the particular pages you request at a Site and purchases or other transactions you effect through a Site, and with information that we collect through sources other than our Sites. We may vary the content you receive in future visits to a Site based on your preferences and activities.
We may combine your personally identifying information, and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through our site in a particular geographic region. Such information and other information we derive from individual users' information allows us to continue to grow and provide you with quality fellow users through more accurate marketing and advertising of our website.
Disclosure of Information
We may provide your personally identifying information, and information about your activities and preferences, to other companies wishing to contact you about products or services, but only to those that we believe impose reasonable safeguards on the privacy of your information. We may also provide these companies with collective profiles of our user groups and their activities and preferences. Such collective profiles may also be disclosed in describing our site and services to prospective partners, advertisers and other third parties, and for other lawful purposes.
We may work with third-party advertising services providers who may use their own cookies to measure how many times advertising content has been viewed and to serve you advertising that may be more relevant to you. For more information on such practices and an opportunity to opt-out of them, please visit http://www.aboutads.info.
In the event that a third party merges with us, acquires us or acquires our assets related to the information that you have provided, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from you as part of that merger, acquisition or acquisition of assets.
Finally, we may disclose information to fulfill certain legal and regulatory requirements or if we believe, in good faith, that such disclosure is legally required or necessary to protect others' rights or to prevent harm.
If you are visiting a Site from the European Union or another country or territory outside of the United States ("U.S."), please note that any data you provide will be transferred outside the European Union or such other non-U.S. territory for use by us for any of the purposes described herein. By providing any data to mia belle baby, you hereby consent to such transfers of your data to the U.S.
You may choose to restrict our use of your information to maintaining your account on the Site or prohibit our disclosure of your information to others, by contacting us and directing us to impose such limits. For example, if requested, we will not provide your information to any third parties, regardless of the steps they may take to protect such information. If you do not wish us to provide your information to third parties, or otherwise wish us to restrict the use or disclosure of your information, please send us an e-mail to [email protected].
In addition, our team will not send any unsolicited messages to our users of the website who indicate that they do not want to receive such messages. If you do not wish to receive unsolicited email or Facebook messages from us, please contact us at [email protected]
At any time after you have logged on to our site, you may contact us at [email protected] to request access to information we have collected regarding you or your business or to notify us of changes to such information. If you request any such changes, we will contact you by email to confirm those changes. Once confirmed, any new item of information will replace the respective information earlier provided.
We use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we restrict access to any transactional portions of our site to computers running web browsers that support Secure Socket Layer ("SSL") protocol. To use this protection technology, you need to have an SSL-capable browser, such as Netscape Navigator 4.5 or higher, Microsoft Internet Explorer 4.5 or higher, Mozilla Firefox 2.0 or higher or Google Chrome 1.0 or higher. These web browsers will automatically activate the technology when you log on to our website.
Please remember that you play a very important and valuable part in site and personal security as well. Your password to access our site, which you select at registration, should never be shared with anyone and should be changed frequently. After you have finished using our website, you should log off and exit your browser so no unauthorized persons can use our website with your name and personal account information. Remember that any information you voluntarily disclose online in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate websites that are linked to or from our Site or a Site governed by this policy, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sites' policies before revealing any sensitive or personal information.
Regardless of the many precautions taken by you or by mia belle baby, "perfect security" does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk. E-mail communications, in particular, are not secure.
From time to time, we may modify this policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on this website. Data will be handled in accordance with the policy in effect at the time the data is used, subject to the user's right to opt out of revisions to this policy implemented since the data was first collected.