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@@ -6,56 +6,60 @@ permalink: /terms/
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## Terms & Conditions
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-The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of MiKee, including any content, functionality and services offered on or via MiKee (the "App").
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+**Last updated: September 23, 2019**
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-Please read the Terms and Conditions carefully before you start using MiKee, because by using the App you accept and agree to be bound and abide by these Terms and Conditions.
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+These Terms & Conditions (“Terms”, “Terms and Conditions, “Agreement”) govern your relationship with the MiKee Service (the "Application") operated by Maxime Epain (“us”, “we”, or “our”). It is important that you read this carefully because you will be legally bound to these terms.
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-These Terms and Conditions are effective as of 23/09/2019. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this App and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this App after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
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+We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Application and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Application after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
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-By downloading or using the App, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the App. You’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to .
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+By downloading or using the Application, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the Application. You’re not allowed to copy, or modify the Application, any part of the Application, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Application, and you also shouldn’t try to translate the Application into other languages, or make derivative versions. The Application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Maxime Epain.
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-Maxime Epain is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.
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+Maxime Epain is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application or to charge for its services, at any time and for any reason. We will never charge you for the Application or its services without making it very clear to you exactly what you’re paying for.
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-The MiKee App stores and processes personal data that you have provided to us, in order to provide my Service. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the MiKee App won’t work properly or at all.
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+The Application stores and processes personal data that you have provided to us, in order to provide services. It’s your responsibility to keep your phone and access to the Application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Application won’t work properly or at all.
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-You should be aware that there are certain things that Maxime Epain will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Maxime Epain cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
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+You should be aware that there are certain things that Maxime Epain will not take responsibility for. Certain functions of the Application will require the Application to access storage of external hosting services. Maxime Epain cannot take responsibility for the Application not working at full functionality if you don’t have access to your external hosting services, and you don’t have enough storage space available. You may be charged by your hosting service providers for the cost of data storage while accessing the Application. In using the Application, you’re accepting responsibility for any such charges.
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-If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
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+If you’re using the Application outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third party charges. In using the Application, you’re accepting responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e. region or country) without turning off data roaming.
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-Along the same lines, Maxime Epain cannot always take responsibility for the way you use the App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Maxime Epain cannot accept responsibility.
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+If you are not the bill payer for the device on which you’re using the Application, and the hosting services on which your data are stored, please be aware that we assume that you have received permission from the bill payer for using the Application.
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-With respect to Maxime Epain’s responsibility for your use of the App, when you’re using the App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Maxime Epain accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.
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+Along the same lines, Maxime Epain cannot always take responsibility for the way you use the Application i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Application, Maxime Epain cannot accept responsibility.
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-At some point, we may wish to update the App. The App is currently available on – the requirements for system (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. Maxime Epain does not promise that it will always update the App so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
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+With respect to Maxime Epain’s responsibility for your use of the Application, when you’re using the Application, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Maxime Epain accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Application.
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+
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+At some point, we may wish to update the Application. The Application is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the Application to) may change, and you’ll need to download the updates if you want to keep using the Application. Maxime Epain does not promise that it will always update the Application so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the Application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application, and (if needed) delete it from your device.
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**Intellectual Property**
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-By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Maxime Epain.
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+By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Maxime Epain.
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-You are only permitted to use the content as expressly authorized by me or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this App in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this App.
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+You are only permitted to use the content as expressly authorized by Maxime Epain or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Application in any form or by any means without prior written permission from Maxime Epain or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Application.
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**Third Party Websites**
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-This App may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
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+This Application may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
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-These other websites and parties are not under my control, and you acknowledge that I'm not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the App or party by me, or any warranty of any kind, either express or implied.
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+These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Application or party by us, or any warranty of any kind, either express or implied.
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**Disclaimer of Warranties, Limitations of Liability and Indemnification**
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-Your use of MiKee is at your sole risk. The App is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
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+Your use of the Application is at your sole risk. The Application is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
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-I am not liable for damages, direct or consequential, resulting from your use of the App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the App. Because the App is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
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+Maxime Epain is not liable for damages, direct or consequential, resulting from your use of the Application, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Application. Because the Application is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
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**Changes to This Terms and Conditions**
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-I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
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+We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
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**Governing Law**
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These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of France without giving effect to any choice or conflict of law provision or rule.
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-Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the App shall be instituted exclusively in courts of France.
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+Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Application shall be instituted exclusively in courts of France.
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+
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+**Contact Us**
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-**Contact Me**
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+If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us:
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-If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at maxime.epain@gmail.com.
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+[](mailto:me@maxep.me)
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