Miravia Content Terms of Service
Dated January 5, 2023
1. Introduction
1.1 The Miravia Content Terms of Service herein ("Terms") apply to all Users of Miravia Platform and the Services. By accessing the Miravia Platform, you consent and agree to be bound by:
(a) the Terms herein;
(b) Miravia Terms of Use;
(d) the Miravia Community Policy and Miravia Community Guidelines;
and any amendments, revisions, updates or modifications to each of the foregoing made by us from time to time.
1.2 We reserve the right to amend, revise, update or modify these Terms at any time without notice ("Changes"). If we decide to change these Terms, we will post a new version on the Miravia Platform. The Changes will be effective fifteen (15) calendar days after being posted on the Miravia Platform, unless a shorter period is necessary to comply with the applicable law or to address an unforeseen and imminent danger to protect a User from fraud, malware, spam, date breaches or other cybersecurity risks. You are deemed to have agreed to the Changes, by continuing to use the Miravia Platform after the expiry of such fifteen (15) calendar days period. For this reason, you should periodically review these Terms, Miravia Terms of Use, our guidelines and rules and any other applicable policies on Miravia Platform.
1.3 You are at least 18 years old and are fully able to understand these Terms and fully competent to enter into these Terms.
2. Use of Miravia Platform
2.1 The Miravia Platform allows Users to upload User Generated Content in the form of: (a) general comments on Miravia Platform; (b) product reviews; (c) product recommendations; (d) 'Before & After' effects of products; (e) short videos; (f) how to use products guides; (g) livestreams; and any other feature, Tool or mechanism that will be released on Miravia Platform. User Generated Content will be published on Miravia Platform and will be available to Users.
2.2 You acknowledge and understand that we only provide a platform for Users to upload Content. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the Miravia Platform.
2.3 The Miravia Platform may contain links to third-party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, we will not and cannot censor or edit the contents of any third-party website. By using Miravia Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.
2.4 To the maximum extent permitted by applicable laws, we reserve the right to prevent or restrict access of any User to the features, Tools and Services offered on or through Miravia Platform (including viewing the Content on Miravia Platform or uploading the Content on Miravia Platform) in case of repeated violations of the Terms or any applicable terms and conditions or any applicable laws. You are prohibited from using another person's account without authorisation. You are solely responsible for the activity that occurs on your account, and you must keep your account information (including name and password) secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.
2.5 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances necessary (e.g. any applicable permits or approvals you may require to display advertisements of products) prior to uploading any Content to Miravia Platform.
3. Your Content
3.1 You affirm, represent, and warrant that you own the Content you submit or have the necessary licenses, rights, consents, and permissions to publish the Content, including (where applicable) the Seller Livestream Content and, except for Miravia Professionally Generated Content, you license to us all patents, trademarks, trade secrets, copyrights or other proprietary rights in and to such Content for publication on the Miravia Platform pursuant to these Terms.
3.2 By uploading Content to Miravia Platform, you confirm that you own the copyright material to the Content. If the Content contains third party copyrighted material which you do not own, you must obtain the copyright owner's permission prior to uploading, sharing or distributing the Content to the Miravia Platform.
3.3 Except for Miravia Professionally Generated Content, you retain all of your ownership rights in your Content including (where applicable) in the Seller Livestream Content. However, by using the Miravia Platform, you grant to us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable perpetual license to use, keep, recreate, duplicate, share, display, reproduce, modify, distribute, prepare derivative works of, and/or perform your Content and (where applicable) the Seller Livestream Content in connection with the Service and our (and our parent company's successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Miravia Platform and/or the Service (and derivative works thereof) in any media formats and through any media channels.
3.4 Miravia will retain all ownership rights to all Miravia Professionally Generated Content uploaded to the Miravia Platform.
3.5 You also grant each User of the Miravia Platform a worldwide, non-exclusive, royalty-free license to access your Content, including (where applicable) the Seller Livestream Content, through the Miravia Platform, and to use, reproduce, distribute, display and perform such Content, for the duration of the intellectual property rights attached thereto, in any media formats and through any media channels, as permitted through the functionality of the Miravia Platform and under these Terms.
3.6 To the maximum extent permitted by the applicable law the above licenses granted by you are for the duration of the applicable copyright protection and irrevocable.
3.7 You further agree that the Content you upload, including (where applicable) the Seller Livestream Content, on the Miravia Platform will not contain third-party copyrighted material, or material that is subject to other third-party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted under these Terms.
3.8 Miravia does not in any manner whatsoever endorse any Content uploaded to the Miravia Platform or related to the use of the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and to the maximum extent permitted by applicable laws and regulations, we expressly disclaim any and all liability in connection with Content.
4. Prohibited Content
4.1 You represent and warrant that you will not upload or make available any Prohibited Content on Miravia Platform.
4.2 Without prejudice to the generality of the foregoing, you represent and warrant that any Content that you submit:
(a) Is not offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person;
(b) Is not unsuitable for minors;
(c) Does not promote terrorism or terror-related activities;
(d) Does not elicit or provide medical advice;
(e) Is not content involving references to physical, mental or sensory disability;
(f) Is not content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances.
(g) Is not inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws, or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs;
(h) Is not content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device;
(i) Is not content involving minors without the written consent of such minor's parent or legal guardian;
(j) Is not content relating to or promoting content prohibited or banned under any applicable law;
(k) Is not content which infringes intellectual property rights or causes confusion on the relationship with other organizations or individuals;
(l) Is not content involving the impersonation of organizations or individuals without such organizations' or individuals' written consent;
(m) Is not content which promotes political messages;
(n) Is not content violating applicable data protection laws and intellectual property laws;
(o) Is not content which is misleading, false or deceptive (for example, content which is misleading as to the price of the product sold and content which makes false claims that the goods are limited or will come with free gifts);
(p) Is not content which contains words like, or are similar to, "best", "the best", "number one", "proven", "top-grade" unless these are permitted under applicable laws, regulations, policies or guidelines;
(q) Is not content which directly compare the prices, quality and efficiency of your products against other products unless permitted under applicable laws, regulations, policies or guidelines (for Sellers);
(r) Is not spam, phishing or fraudulent content or any form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(s) Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
(t) Is not content which is prohibited under the Policies and the terms and conditions applicable to the Miravia Platform, including but not limited to the Miravia Community Policy and Miravia Community Guidelines.
4.3 If your Content involves the use of physical stunts (for example, where it carries a risk of injury or damage whether to property or person), you must ensure the words "Do Not Attempt" or words of similar meaning are prominently featured on the Content.
4.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the Miravia Platform, and we will remove all Content if properly notified that such Content infringes lawful intellectual property rights of others, in accordance with applicable laws. You can contact us via the Intellectual Property Online Form to inform us of any illicit content on the Platform, indicating the product(s) involved and providing us, if necessary, with any document that may justify the violation of your rights.
4.5 To the maximum extent permitted by applicable laws and regulations, we reserve the right to remove any Content, to take any enforcement actions as we deem necessary (including any enforcement actions as may be set out in the Policies from time to time, filing of reports to any regulatory authorities and/or law enforcement agencies) and/or to seek any other remedies available to us under the applicable laws and regulations, in each case without prior notice to you or providing any reason for such action.
4.6 To the maximum extent permitted by applicable laws and regulations, you agree that Miravia shall not be liable in any manner whatsoever for any losses or damages suffered in any way as result of Miravia's exercise of its discretion to remove Content and/or to take any other actions specified in paragraph 4.5 above.
5. Specific User Conditions For Livestream Content
5.1 Only Presenters (including Users who want to present in person while live streaming) may appear or otherwise feature in your Livestream Content. An application must be made by the Presenter through the Miravia Seller Center or through the Miravia mobile application, or through any other method as specified by us, and acceptance is at our sole and absolute discretion.
5.2 Presenters must meet the conditions provided for by applicable laws and by us when applying for the position of the Presenter. We may revise these conditions from time to time. Presenter applications shall be governed by the conditions in force at the time of application, regardless of whether such Presenter applications are new or re-applications.
5.3 Presenters must comply with these Terms or other Policies we may release. Presenters must not incite, promote or condone breaches of the Terms or Policies.
5.4 If we have determined that a Presenter has failed to comply with these Terms or any of our Policies, or for any other reasons deemed necessary by Miravia, the Presenter must immediately comply with our instructions, including immediately terminating or removing the Livestream Content, taking down all saved Livestream Content and publicly inform other users on the Miravia Platform of the Presenter's failure to comply. Miravia also reserves the right to immediately terminate any Livestream Content at any time in its ultimate discretion, without giving any reasons in case of failure of compliance.
5.5 Where a Presenter is authorized by a User to feature in Livestream Content, the User will be liable for the acts, defaults and neglects of the Presenters, employees or agents of the Presenters as if they were the acts, defaults or neglects of the User, and will remain at all times principally responsible to us for its obligations under these Terms and the Policies.
5.6 Miravia reserves the absolute discretion to revoke or terminate the status of a Presenter and the right to appoint or determine a Presenter.
5.7 Presenters must also ensure that Users who participate in Livestream Content interactions shall comply with the Policies we may release. Presenters must not incite, promote or condone breaches of such Policies by such Users.
5.8 If any reference is made to Miravia in the Livestream Content, you shall at all times comply with and/or ensure that the Presenter shall comply with the Miravia Branding Guidelines, as may be updated from time to time by Miravia. Upon any termination of your use of Miravia Platform or the Services, you shall no longer have any right to use any trademark, trade name, service mark, or other intellectual property of Miravia and/or its affiliates.
5.9 Presenters shall be neatly dressed during the livestream, and avoid wearing inappropriate clothing (such as clothes which are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language). The overall dress should be professional and appropriate, with specific requirements as follows (not limited to):
(a) Presenters shall not wear clothes which reveal sensitive areas of the body, including only wearing undergarments;
(b) Presenters shall not wear the uniform or dress of government bodies, royal family, armed forces or any organization.
5.10 Only feature audio-visual content including songs and videos permitted under applicable laws, regulations, policies or guidelines, including the following laws, regulations and/or codes:
(a) laws on personal data protection;
(b) laws on intellectual property protection;
(c) laws on film censorship;
(d) content laws;
(e) consumer protection laws; and
(f) any other relevant codes of conduct, laws and regulations as applicable from time to time.
It is the User's responsibility to ensure that their content complies with applicable laws, regulations, policies or guidelines and any amendments which the respective regulators have introduced in the applicable laws, regulations, policies or guidelines. Note that audio-visual content with sexual themes are strictly prohibited at all times.
5.11 The Presenters must not:
(a) display items with inflammatory or offensive elements, including but not limited to items which are sexually suggestive, undermine religious or racial harmony, which refer to disabilities or which degrade national themes;
(b) violate the dignity of the human person and respect the image of men and/or women;
(c) include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age, sexual orientation or gender identity;
(d) encourage behavior that is seriously prejudicial to the protection of the environment;
(e) cause physical, mental or moral harm to minors, and notably;
(f) incite minors to purchase or rent a product or service by exploiting their inexperience or credulity;
(g) incite minors to persuade their parents or third parties to purchase the products or services being advertised;
(h) exploit the special trust minors have in their parents, teachers or other persons;
(i) present minors in a dangerous situation;
(j) promote or endorse unlawful acts such as drugs, gambling or gun possession;
(k) perform high-risk stunts or activities;
(l) display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin;
(m) promote or endorse organizations promoting unlawful pyramid schemes;
(n) self-abuse or attacks others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, ingesting items which cause harm such as living things, dead objects or inanimate objects);
(o) live stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings;
(p) advertise, directly or indirectly, alcoholic beverages;
(q) promote or advertise in favor of tobacco or tobacco related products (for example, cigarette paper or filter, but also electronic cigarettes);
(r) promote medicines and medical devices.
6. Software Licence and Proprietary Rights of Miravia
6.1 All intellectual property rights, whether registered or unregistered, on the Miravia Platform, which includes any Miravia Professionally Generated Content or information content on the Miravia Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as "Intellectual Property") shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Miravia Platform are protected under applicable intellectual property laws.
6.2 The Miravia Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompile or reverse engineer the Miravia Platform.
7. Restrictions In using the Miravia Platform
7.1 Miravia hereby grants you a non-exclusive, non-transferable, and revocable right to use the Miravia Platform as set forth in these Terms provided that you refrain from doing any of the following if you use the Miravia Platform:
(a) download or record the Content unless you see a "download" button or hyperlink to download the Content displayed on the Miravia Platform; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Miravia Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;
(b) distribute, license, transfer, or sell, in whole or in part, any of the Miravia Platform or any derivative works;
(c) use the Miravia Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Miravia Platform;
(e) intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) use or attempt to use another's account, service or system without authorisation, or create a false identity on the Miravia Platform;
(g) use the Miravia Platform in a manner that may undermine the purposes of the Miravia Platform, such as trading reviews with other users or writing or soliciting fake reviews;
(h) use or launch any automated system, including without limitation, "robots" or "spiders" to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or to obtain access to any portion of the Miravia Platform that we do not expressly authorise you to access. You also cannot use any automated system or software which may overwhelm the servers of the Miravia Platform or Miravia Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack on the Miravia Platform or Miravia Content Service;
(i) bypass the internal workings (including security features) of the Miravia Platform (including changing the coding or interface of the Miravia Platform or Miravia Content Service);
(j) "doxing" other users on the Miravia Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);
(k) promote products sold on websites, applications or platforms other than on the Miravia Platform;
(l) permit or engage in any fraudulent behaviour against Users, Miravia or third parties, including using bots or technology to increase views, followers or sales or manipulate or falsify data;
(m) promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and/or
(n) upload, share or distribute Content which may affect other Users' use of the Miravia Platform, Miravia Content Service, or the goodwill or reputation of Miravia.
8. What We Can Do If You Infringe These Terms
8.1 You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the Miravia Platform or use of the Services provided by Miravia violates applicable laws, these Terms and/or our Policies, and you agree this is without prejudice to Miravia's other rights and remedies under these Terms or in law. The measures include (without limitation):
(a) the immediate removal of the Content;
(b) the deletion of any or all saved Content;
(c) the suspension or termination of your account;
(d) banning you from the Miravia Platform or use of the Service for a specified time period or permanently; or
(e) taking any other actions against you or any accounts that you may have registered with Miravia (including imposing non-compliance points on violating Sellers, reversing any transactions carried out by the infringing Users on Miravia Platform).
8.2 We may remove any Content you upload to the Miravia Platform or disable other people from accessing any Content you upload to the Miravia Platform for any reason whatsoever including:
(a) where we deem the Content to be Prohibited Content, at our absolute discretion;
(b) where we have received any request from any authority to remove the Content;
(c) where we have received any complaint from other users on the Content.
8.3 While you own your Content, you agree that if you are in breach of these Terms or any of the Policies, we will have a right to modify your Content (including splicing, cropping or otherwise editing your Content) and use or distribute your Content (whether modified or otherwise) in our sole discretion without your permission.
8.4 When you upload Content into the Miravia Platform, you permit us, to the maximum extent permitted by applicable laws and regulations, to disclose your identity (including all details you have shared with us when you open your account on the Miravia Platform) to other third parties.
9. Your Personal Data
9.1 Your personal data will be processed according to the Miravia Privacy Notice.
10. Indemnity
10.1 You are responsible for any loss or damage we may suffer as a result of your breach of these Terms and/or our Policies. You also agree to defend, indemnify and hold us and our related companies, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, arising from your use of and access to the Miravia Content Service or Miravia Platform or from your breach of these Terms and/or applicable Policies. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defenses and indemnify us for any legal fees we may incur.
10.2 In the event that a Seller fails, as determined by Miravia, to perform its obligations or commitment to a User in relation to or during a Seller Livestream Content, Miravia shall be entitled in its own discretion to refund, provide and/or pay the Buyer (including through the issuance of vouchers) any amount or consideration due to the Buyer. Miravia has the right to deduct such amount or consideration from any amount that is due and payable from Miravia to the Seller, including payouts and payments collected by Miravia on the Seller's behalf.
11. Limitation of Liability
11.1 To the maximum extent permitted by the applicable laws and regulations, the Miravia Platform and all data and/or information contained therein and/or the Services are provided on an "as is" and "as available" basis without any warranties, claims or representations made by Miravia of any kind either expressed, implied or statutory with respect to Miravia Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Miravia Platform and/or the Services are provided for information purposes only.
11.2 Without limiting the foregoing, we do not warrant that the Miravia Platform and/or the Services and/or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the Miravia Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
11.3 To the maximum extent permitted by the applicable laws and regulations, Miravia and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Miravia Platform or the Services;
(b) reliance on any data or information made available through the Miravia Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Miravia Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
11.4 To the maximum extent permitted by the applicable law, any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Miravia Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
12. Interpretations
12.1 In these Terms:
"Buyer" means a registered buyer on Miravia Platform.
"Content" includes any sound, sound sequences, music, text, images / still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the Miravia Platform, or post, share or upload to the Miravia Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, any Content on any interactive User Generated Content, channel or tab that is accessible on or through Miravia Platform from time to time, Livestream Content, Seller Livestream Content, Miravia Professionally Generated Content, User Generated Content, and comments, reviews and other user interactions posted on, shared with and uploaded to the Miravia Platform.
"Livestream Content" means the streaming of live Content through the Internet to the Miravia Platform using Miravia livestreaming tools, which may be accessed by any Miravia User. Miravia livestreaming tools comprise of a system which allows real-time streaming of video and audio content from approved accounts to the Miravia Platform, the content of which may be viewed by all Users of the Miravia Platform. For the avoidance of doubt, Livestream Content includes any Seller Livestream Content and/or any other Livestream Content generated, published or uploaded by any User on the Miravia Platform.
"Miravia" refers to Arise Operating E-commerce Private Limited, a company incorporated pursuant to the laws of Singapore and registered with the Accounting and Corporate Regulatory Authority of Singapore under number 202218799Z and having its registered address at 51 Bras Basah Road, #04-08 Lazada One, Singapore 189554.
"Miravia Content Service" means viewing, accessing, posting, sharing or uploading any Content to the Miravia Platform.
"Miravia Professionally Generated Content" means Content (which for the avoidance of doubt, includes Livestream Content) that is generated by any third party commissioned or hired by Miravia to generate such Content.
"Miravia Platform" means (a) the web and mobile-optimized versions of the website identified by the uniform resource locator “www.miravia.es”; and (b) Miravia App, the mobile application of the Miravia e-commerce platform available on mobile operating systems (including iOS and Android), or such successor mobile applications, sites and/or domains as may be announced by Miravia from time to time, where Seller may list Products for sale under applicable terms, and where Buyer(s) may purchase such Products.
"Policies" means any rules, guidelines, terms and conditions applicable to Users for the use of the Services, Miravia Platform, Seller Help Center, Tools and other Miravia properties, as they may appear on the Miravia Platform or Seller Help Center or be communicated from time to time by Miravia, including (without limitation) the Miravia Privacy Notice and Miravia Community Policy and Miravia Community Guidelines.
"Presenter" means any person who appears or features in Livestream Content. Presenters refer to persons who host Livestream Content and/or otherwise present a segment of a Livestream Content.
"Prohibited Content" means any content that is in breach of any applicable code of conduct, law or regulation, or any guidelines or other instrument issued by any government or regulatory authority; classified as prohibited content under Clause 4 herein; in breach of Miravia Policies, including (without limitation) the Miravia Community Policy and Miravia Community Guidelines; and/or deemed by Miravia in its absolute discretion, to be inappropriate on the Miravia Platform.
"Seller" means a seller which uses the Miravia Platform to offer or sell Products to the Buyers, including a Third Party Vendor. Miravia may also be a “Seller” for selected Products.
"Seller Help Center" means any tool offered by Miravia to Seller, for the operation of Seller’s operations on the Miravia Platform and access to the Services and Tools available at Miravia Seller Center. All references to “Seller Help Center” shall include the Miravia Academy for Sellers.
"Seller Livestream Content" means any Livestream Content that is prepared, generated, uploaded, posted and shared by the Seller and/or any third party commissioned or hired by the Seller, and made available or accessible to Users on Miravia Platform by or on behalf of the Seller.
"Services" means the use of any services, information or functions made available by Miravia on the Miravia Platform which for the avoidance of doubt, include the Miravia Content Service. Any reference made to the Miravia Platform in these Terms, shall include the Services or any part of it, unless otherwise expressly stated.
"Terms" means these terms and conditions. The Terms shall be read together with Miravia Terms of Use, which serve as an agreement between you and us for the use of the Miravia Platform and the Services. Where there is a conflict between these Terms and Miravia Terms of Use, these Terms shall prevail with respect to the regulation of any Content on the Miravia Platform.
"Tools" means any tools provided by Miravia to you in connection with your access to and use of the Services.
"Third Party Vendor" means a seller which, with Miravia’s permission, uses the Platform and/or Services to sell Products to the Buyers, and excludes Miravia.
"User" means any user of the Miravia Platform and/or the Services, including (as applicable) Sellers and Buyers on the Miravia Platform.
"User Generated Content" means Content generated by any User and is uploaded, accessible or viewable on the Miravia Platform.