Mirror Terms of Service

Last updated: June 5, 2023

Welcome to Mirror!

Reflective Technologies, Inc. dba Mirror (“Mirror,” “we,” “us,” “our”) provides its website located at https://mirror.xyz (the “Website”) and its blockchain-based publishing, and digital asset (“Digital Asset”) minting and collecting platform (the Website and such platform, together with all related services, applications, features, tools, functionality and technology, collectively, the “Platform”) to you (“you” or “User"), subject to the following Terms of Service (as amended from time to time, the “Terms”). The Platform also provides users with access to Smart Contracts (as defined below) published by Mirror and by third parties. By connecting your Ethereum Virtual Machine (“EVM”) compatible Digital Asset wallet (“Wallet”) to the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to these Terms. The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User. If you are creating a Mirror account or using the Platform on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Mirror that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms “you” and “User” will refer to that entity or organization).

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MIRROR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time, exclusive of Section 12, which may only be modified upon consent by you and us.

If we make changes to these Terms, we will post the changes or modifications on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you of any material changes or modifications, either through the Platform user interface or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform and changes to comply with applicable law will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

What is Mirror?
1. Overview. Mirror provides the Platform, which is a publishing and Digital Asset minting and collecting platform built on a decentralized cryptographic infrastructure. Users who publish Entries (as defined below) (collectively, “Creators”) express themselves, share content, and may monetize their content through transactions with other Users (“Recipients”). This is generally accomplished via smart contracts (“Smart Contracts”) on the Ethereum blockchain and other EVM-compatible blockchains that enable publishing text on the Arweave blockweave, minting Digital Assets on the Ethereum blockchain and EVM-compatible blockchains, and collecting Digital Assets via secondary transactions on the Ethereum blockchain and EVM-compatible blockchains. Specific features or tools of the Platform may include, without limitation:
  1. Editor/Entries: The Editor enables you to compose entries (“Entries”), which may include, without limitation, (i) text, (ii) images, and (iii) access to Digital Assets such as non-fungible tokens (“NFTs”) including, without limitation, (a) Editions (as defined below) and (b) Non-Native NFTs (as defined below). When Entries are published on the Platform, the text is posted to the Arweave blockweave, and media files included in Entries are stored in decentralized, blockchain-based storage systems such as Filecoin and InterPlanetary File System (”IPFS”) or centralized distributed storage systems such as Amazon Web Services S3. Entries and any content posted on Mirror underlying or associated with Entries or Editions is referred to herein as “Creator Content”; provided that Creator Content does not include Non-Native NFTs or content associated with Non-Native NFTs.
  2. Editions: The Platform enables you to make available for (i) minting and (ii) collecting on third-party secondary NFT markets (if such Edition is no longer available for minting) Creator Content as one or more NFTs, which we refer to generally as “Editions”. Editions are the native type of NFT on the Platform and are minted via Smart Contracts deployed by Users on the Platform. A single set of Editions consists of a set of NFTs that are identical (other than with respect to token identification number) at a fixed price (or no price). Types of Editions include, but are not limited to, (i) “Writing NFTs”, which are minted versions of Entries and (ii) “Subscriber NFTs”, which are Editions made available for minting within an Entry exclusively to subscribers of the Mirror account that published such Entry.
  3. Non-Native NFTs: Certain NFTs minted via Smart Contracts that were deployed via third-party platforms (i.e. not Editions) (“Non-Native NFTs”) can also be made available for minting and collecting within Entries.
  Note that acquiring an NFT on Mirror does not result in also acquiring related NFTs as a result of such transaction. For instance, a User who mints a Writing NFT does not also acquire a Subscriber NFT included in the relevant Entry.
2. Blockchain/Blockweave Enabled. As mentioned above, (i) the text of Entries is published to the Arweave blockweave, (ii) certain media files are stored via decentralized, blockchain-based storage systems such as Filecoin and IPFS, and (iii) Smart Contracts created via the Platform are recorded to the applicable blockchain and (iv) the ownership of Digital Assets minted via the Platform, or collected in secondary transactions via the Platform, is recorded to the applicable blockchain. The Arweave blockweave provides an immutable record of material published on Arweave. The Ethereum blockchain and EVM-compatible blockchains each provide an immutable ledger of all activity that occurs on such blockchain, including (i) all minting and transaction activity and (ii) all Smart Contracts deployed to that blockchain. Among other things, this means that all published Entries, deployed Smart Contracts and minted or collected Digital Assets are generally outside of the control of any one party, including Mirror, and are subject to many risks and uncertainties. Furthermore, each Digital Asset and Smart Contract can only be controlled by the party or parties who hold(s) the private key that corresponds to that Digital Asset’s or Smart Contract’s then-current blockchain address. We neither own nor control any Wallet provider (e.g., MetaMask, WalletConnect, Rainbow and Coinbase), the Ethereum network, any EVM-compatible blockchain, the Arweave blockweave, Filecoin, IPFS, your browser, or any other third party site, product, or service (collectively, “Third Party Functionality”) that you might access, visit, or use via the Platform (including, without limitation, for the purpose of enabling you to use the various features of the Platform). We will not be liable for any Third Party Functionality, including the acts or omissions of any third parties, nor will we be liable for any damage that you may suffer as a result of your transactions via the Platform, any Third Party Functionality or any other interaction with any third parties. You understand that your Wallet address will be made publicly visible whenever you engage in a transaction, or publish an Entry, on the Platform.
3. Disclaimer. You understand and acknowledge that the Smart Contracts deployed via the Platform do not give Mirror custody, possession, or control of any Digital Asset at any time for the purpose of facilitating transactions on the Platform. Mirror may facilitate transactions between Users on the Platform (for example, the sale or distribution of Editions), but is not a party to any agreement between any sellers, buyers, authors, Creators, and other Users. Mirror cannot make any representation or guarantee that Users will achieve any particular outcome as the result of creating or posting their Creator Content on the Platform, making available for minting or collecting any Digital Assets, or engaging in any other transaction or activity on the Platform.
How do I use Mirror?
1. Connecting your Wallet: To access and use certain features or tools on the Platform, such as those listed above, you may be required to connect your Wallet to the Platform. If you are under 13 years of age, you are not authorized to use the Platform, with or without connecting a Wallet. In addition, if you are under 18 years old, you may use the Platform only with the approval of your parent or guardian.
2. Getting Started: Details on how to use Mirror are found in our Guide.
3. Member Account and Security: You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. You should not share your password or credentials with anyone. Further, you agree to (a) immediately notify Mirror of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. Mirror will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Modifications to the Platform: Mirror reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Mirror will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
5. Promotions: If you use the Platform to communicate or administer sweepstakes, contests or other promotions (each, a “Promotion”), you are solely responsible for complying with, and will ensure that your Promotion, including its rules, terms, and requirements (“Promotion Rules”), complies with, all applicable laws and regulations and these Terms. The Promotion Rules must contain, at a minimum, a set of official rules that are consistent with these Terms and that include (i) a complete release of Mirror by each participant of such Promotion, and (ii) an acknowledgement stating that the Promotion is not sponsored, endorsed, administered by, or otherwise associated with Mirror or our Affiliates. You agree that your Promotion will be fully conducted in accordance with the Promotion Rules. Mirror will not assist you with the administration or operation of your Promotion, or provide you with any advice in connection therewith. You assume all risk associated with your use of the Platform to administer your Promotion.
What are the rules for using Mirror?
1. General Rules: When using the Platform, you will not directly or indirectly:
  1. engage in deceptive, unfair, objectionable or manipulative economic activities in any way or using the Platform to conceal economic activity;
  2. email, upload, or otherwise distribute any content, including Creator Content, (i) that infringes any intellectual property or other proprietary rights of any party; (ii) for which you do not have a right to so email, upload or otherwise distribute, under any law or under contractual or fiduciary relationships; (iii) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) that poses or creates a privacy or security risk to any person or entity; (v) that constitutes unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unlawful solicitation; (vi) that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable (including any sexual depictions of minors); or (vii) that, in the sole judgment of Mirror, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Mirror or its Users to any harm or liability of any type;
  3. interfere with or disrupt the Platform or servers or networks connected to the Platform in any manner that could negatively affect or inhibit other Users from fully enjoying the Platform or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
  4. disobey, avoid, or override any requirements, procedures, policies or regulations of networks connected to the Platform;
  5. violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
  6. create or post counterfeit items or assets;
  7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  8. solicit personal information from anyone under the age of 18, except as specifically allowed by the Platform;
  9. harvest or collect email addresses or other contact information or other users from the Platform by electronic or other means, except through tools or APIs to which we expressly have authorized you to access;
  10. send users emails (regardless of the purpose) in violation of the US Can-Spam Act. For avoidance of doubt, all marketing emails that you send must sufficiently identify you as the sender, both in the email header and in the email footer, and contain an “unsubscribe” link in the footer.”
  11. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  12. further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
  13. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
  14. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorized purpose;
  15. create user accounts by automated means or under false or fraudulent pretenses;
  16. access or use the Platform to make any promises or commitments that are not expressly contemplated by the functionality of the Platform, including that you will not include in the title or description of any Entry or Digital Asset any promises or other commitments regarding any Entry, Digital Asset, or related Creator Content;
  17. access or use the Platform to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or
  18. access or use the Platform to create, list, or buy assets that are redeemable for financial instruments, assets that give Users rights to participate in an ICO or any securities offering, or assets that entitle Creators, Recipients, or users to financial rewards, including but not limited to, decentralized finance (DeFi) yield bonuses, staking bonuses, and burn discounts, provided that the foregoing will not restrict the legal use of any proceeds resulting from your permitted use of the Platform.
What are the intellectual property rights on the Platform?
1. Creator Rights
  1. You represent and warrant that you own all legal right, title, and interest in all intellectual property rights of, or otherwise have the legal right to use, the Creator Content you post on the Platform, including but not limited to copyrights and trademarks in the Creator Content. As between the Creator and any other User in their capacity as a User, the Creator has the right to reproduce, prepare derivatives of, sell, distribute, and display or perform the Creator Content. You further represent and warrant that you have permission to incorporate any unoriginal content incorporated in the Creator Content, to the extent such permission is legally required.
  2. By sharing, distributing or selling any Edition on the Platform, the Creator hereby expressly and affirmatively grants to a rightful purchaser or other Recipient of the Edition a license pursuant to Section 4(c)(ii) below.
  3. You further represent and warrant that your Creator Content contains only original content or is otherwise authorized for use by other Users, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by you, not authorized for use by you, not in the public domain, or otherwise without a valid claim of fair use. You further represent and warrant that you have permission to incorporate any unoriginal content incorporated in the Entry or Edition, to the extent such permission is legally required.
2. Mirror Rights to Creator Content
  1. You hereby acknowledge, understand, and agree that by authoring, making available for minting, posting, selling or distributing any Entry or Edition on the Platform, you hereby expressly and affirmatively grant to Mirror, and its Affiliates and its and their successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to (a) reproduce, display, perform, store, distribute and transmit (x) the Entry or (y) the Creator Content underlying the Edition, as applicable, for the purpose of operating and developing the Platform, and (b) use and incorporate the Creator Content underlying such Edition (or derivative works thereof) in any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Platform. The foregoing licenses include, without limitation, the express rights to: (i) display or perform the Creator Content underlying the Entry or Edition on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) index the Creator Content in electronic databases, indexes, and catalogues; and (iii) host, store, distribute, and reproduce one or more copies of such Creator Content within a distributed file keeping system, node cluster, or other database (e.g., Filecoin and IPFS) or cause, direct, or solicit others to do so. For purposes hereof, “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with Mirror.
  2. Any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you to Mirror are non-confidential and Mirror will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  3. Mirror may preserve Creator Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mirror, its Users and the public. You understand that the technical processing and transmission of the Platform, including Creator Content, Entries and Digital Assets, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
3. Recipient Rights and Covenants (These terms apply to you when you are a “Recipient,” as defined above.)
  1. A Recipient may receive an Edition representing the Creator Content as a piece of property, but does not own the Creator Content itself or any intellectual property rights therein. The Recipient may display and share the Edition and the underlying Creator Content, but the Recipient does not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Creator Content, except the limited license to the Creator Content granted by these Terms.
  2. Upon legally obtaining ownership of any Edition minted on the Platform, the Recipient receives from the seller of such Edition a limited, worldwide, non-assignable and non-transferable (except as expressly set forth below), non-sublicensable, royalty-free license to display the Creator Content underlying such Edition solely for the Recipient’s non-commercial purposes, including the right to display such Creator Content privately or publicly: (i) for the purpose of promoting or sharing the Recipient’s purchase of, ownership of, or interest in such Edition, (ii) for the purpose of evidencing the Recipient’s interest or participation in a corresponding Smart Contract or crypto community; (iii) for the purpose of sharing, promoting, discussing, or commenting on such Creator Content; (iv) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Edition; and (v) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments (the “Recipient License”). Should Recipient sublicense, re-license, assign, or in any other manner sell or transfer any right, title and/or interest in or to the Edition (“Edition Sublicense”), Recipient must ensure such Edition Sublicense contains and is made expressly subject to Mirror's Terms of Service at https://mirrorxyz.notion.site/Mirror-Terms-of-Service-488a0460878a4846b9df4997a5d42742 (such as, for third-party marketplaces, exchanges, platforms, or applications, through a link that is incorporated by reference in the Edition Sublicense agreement). The foregoing is a material condition to this Recipient License, and any purported Edition Sublicense that does not contain Mirror's Terms of Service shall be null and void. Upon any sale or transfer of the Edition to another Recipient or person pursuant to the foregoing, (a) the foregoing license will automatically transfer to such other Recipient, and such other Recipient or person will be deemed the “Recipient” (for purposes of such Edition and the Recipient License to the underlying Creator Content) and will be subject to these Terms and (b) the seller or transferor of such Edition will cease to have any further rights to such Creator Content..
  3. The Recipient agrees that it will not, and will not permit any third party to, do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (a) modify, distort, mutilate, or perform any other modification to the Creator Content which would be prejudicial to the Creator’s honor or reputation; (b) use the Edition or underlying Creator Content to advertise, market, or sell any third party product or service; (c) use the Edition or underlying Creator Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) incorporate the Edition or underlying Creator Content in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for Recipient’s personal, non-commercial use; (e) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Edition or underlying Creator Content; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Edition or underlying Creator Content; (g) attempt to mint, tokenize, or create an additional cryptographic token representing the same Edition or underlying Creator Content, whether on or off of the Platform; (h) falsify, misrepresent, or conceal the authorship of the Edition or underlying Creator Content; or (i) otherwise utilize any Creator Content or, except as expressly permitted under these Terms, the Edition for the Recipient’s or any third party’s commercial benefit.
  4. Recipient irrevocably releases, acquits, and forever discharges Mirror and its Affiliates and it and their officers and successors of any liability for direct or indirect copyright or trademark infringement for Mirror’s use of any Edition or underlying Creator Content in accordance with these Terms.
  5. The foregoing provisions of this Section 4 do not apply to Non-Native NFTs linked to or acquired via the Platform. The terms applicable to such Non-Native NFTs are governed by third parties such as the applicable platform through which the Smart Contract governing such Non-Native NFT was deployed.
4. Platform Content, Software and Trademarks
  
  You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Mirror, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Mirror from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of Mirror, our Affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Mirror.
  
  The Smart Contracts published by Mirror are made available under various open source software licenses, including the MIT License and the GNU General Public License v3, as noted in the applicable GitHub repository. Certain other Software may contain or be provided with open source software. Each item of open source software is subject to its own license terms. If required of Mirror by any license for particular open source software, Mirror makes such open source software, and Mirror’s modifications to that open source software (if any), available by written request to [email protected]. Copyrights to the open source software are held by Mirror or the other respective copyright holders indicated therein.
  
  The Mirror name and logos are trademarks and service marks of Reflective Technologies, Inc. (collectively the “Mirror Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Mirror. Nothing in these Terms or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mirror Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Mirror Trademarks will inure to our exclusive benefit.
5. Third Party Content
  
  Under no circumstances will Mirror be liable in any way for any Digital Assets or any other content or materials of any third parties (including Users), including, but not limited to, (i) for any errors or omissions in any content or materials, (ii) for infringement or violation of intellectual property or other rights in relation to such content or materials, (iii) for any promises, purported promises, or commitments made by other Users, or (iv) for any loss or damage of any kind incurred as a result of the use of any such content or materials or as a result of reliance on any such promises or commitments. You acknowledge that Mirror does not pre-screen content, but that Mirror will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, Mirror will have the right to remove any content (and to terminate any licenses granted with respect thereto) that is deemed by Mirror, in our sole discretion, to violate these Terms or otherwise be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Assets, including any reliance on the accuracy, completeness, or usefulness of such content.
6. Copyright Complaints
  
  Mirror respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Mirror of your infringement claim in accordance with the procedure set forth below.
  
  Mirror will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Mirror’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”).
  
  To be effective, the notification must be in writing and contain the following information:
  - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  - a description of the copyrighted work or other intellectual property that you claim has been infringed;
  - a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
  - your address, telephone number, and email address;
  - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
7. Counter-Notice
  
  If you believe your Creator Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Creator Content, you may send a written counter-notice containing the following information to the Copyright Agent:
  - your physical or electronic signature;
  - identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  - a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  - your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  If a counter-notice is received by the Copyright Agent, Mirror will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
8. Repeat Infringer Policy
  
  In accordance with the DMCA and other applicable law, Mirror has adopted a policy of terminating, in appropriate circumstances and at Mirror's sole discretion, Users who are deemed to be repeat infringers. However, due to the decentralized nature of the Platform, you acknowledge that Mirror may not be able to determine if a person or entity that is terminated has then created a separate Platform account and agree that Mirror will not be responsible for any such failure to make such determination. Mirror may also at its sole discretion (i) limit access to the Platform and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement and (ii) terminate any Recipient License related to a DMCA takedown notice.
9. User Agrees to Cooperate with Mirror
  
  Creator expressly agrees to refund to the Recipient and/or Mirror, at Mirror’s direction, the entire portion of fees received from the sale of any Digital Asset that was subsequently removed from the Platform pursuant to an effective DMCA request to which the Creator failed to timely submit an effective DMCA Counternotification. Mirror will not be held liable to any User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the DMCA. In addition, you acknowledge that Creator Content cannot be removed from its block on the Ethereum blockchain, any EVM-compatible blockchain, Filecoin/IPFS or the Arweave blockweave, and Mirror will not be held liable based on the persistence of Creator Content on its block.
  
  Creators, Recipients, and all Users expressly agree to cooperate and timely respond to Mirror’s investigations, requests, and inquiries related to DMCA disputes or allegations of infringement.
What Fees does Mirror charge?
1. Fees.
  
  You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts deployed by Mirror.
  
  Mirror may collect a fixed fee or percentage-based fee (in cryptocurrency or otherwise) on any transaction performed through the Platform (whether such transaction is initiated on the Website, by directly accessing a Smart Contract, or otherwise). Fee amounts are subject to change, including to increase, decrease, or eliminate any of them, at any time and from time to time.
  
  All fees are communicated to Users through the Platform, and any changes to fees will only apply prospectively.
  
  Mirror does not generally collect any fees, commissions, or royalties for transactions that do not occur at least in part on the Platform. Each User irrevocably releases, acquits, and forever discharges Mirror and its Affiliates and its and their officers and successors of any liability for royalties, fines, or fees not received from any transaction outside of the Platform.
  
  All transactions on the Platform or through Smart Contracts created on, or accessed via, the Platform, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Ethereum blockchain or an EVM-compatible blockchain. Each of these blockchains requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such network, and thus every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Mirror. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other Transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
2. Taxes.
  
  Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, “associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
What About My Privacy?

Our Privacy Policy is a part of these Terms. Please review the Mirror Privacy Policy, which also governs the Platform and informs Users of our data collection practices. For example, when you subscribe to a publication on Mirror, you share (and we may share) your wallet address and email address with the user whose wallet controls that publication.
Other Legal Terms
1. Indemnity and Release: You agree to release, indemnify and hold Mirror and its Affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any Creator Content, your connection to the Platform, your violation of these Terms or your violation of any rights of another. You further agree that Mirror shall have control of the defense or settlement of any third party claims. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of gross negligence or willful misconduct of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
2. Disclaimer of Warranties: Transactions, including but not limited to sales, listings, Crowdfunds, Splits and other operations utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain or any applicable EVM-compatible blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Digital Asset, or lost opportunities to buy or sell Digital Asset. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT MIRROR AND ALL INDEMNITEES WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IF (A) YOU ARE UNABLE TO LOCATE OR USE YOUR CREDENTIALS, (B) YOUR RIGHTS TO ANY DIGITAL ASSET OR CREATOR CONTENT ARE TERMINATED OR (C) ANY THIRD PARTY MAKES ANY CLAIM AGAINST YOU IN RELATION TO ANY DIGITAL ASSET OR CREATOR CONTENT, INCLUDING ANY CLAIM OF INFRINGEMENT OR VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. MIRROR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  
  MIRROR MAKES NO WARRANTY (AND EXPLICITLY DISCLAIMS ANY WARRANTY) THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM INCLUDING INFORMATION PROVIDED THROUGH IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, NFTS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
3. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIRROR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL ASSET, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MIRROR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DIGITAL ASSET, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL MIRROR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT RECEIVED BY MIRROR FOR ITS PROVISION OF THE PLATFORM FROM YOU IN THE LAST SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THIS PARAGRAPH SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW; DAMAGES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW THEREFORE ARE NOT INTENDED TO BE INCLUDED.
4. Beta Features. Certain features on the Platform may be offered while still in “beta” form (“Beta Features”). Mirror will utilize reasonable efforts to identify the Beta Features by labeling them as such on the Platform. By accepting these Terms or using the Beta Features, you understand and acknowledge that the Beta Features are being provided as a “beta” version and made available on an “as is” or “as available” basis. The Beta Features may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA FEATURES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Features.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” AND “BETA FEATURES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Here are our termination rights.

You agree that Mirror, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if Mirror believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. Mirror may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Mirror may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that Mirror will not be liable to you or any third party for any termination of your access to the Platform.
We do not get involved with User disputes and are not responsible for our users’ content or actions.

You agree that (a) you are solely responsible for your interactions with any other Users, including Creators and Recipients, in connection with the Platform and (b) Mirror will have no liability or responsibility with respect thereto. Mirror reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Platform.

Likewise, you understand that the Platform hosts third party content and enables third party content. As such, you also understand and agree that Mirror is not liable or responsible, whether directly or indirectly, for any actions, omissions, content, statements or other representations made by any user of the Platform.
General Legal Terms

These Terms constitute the entire agreement between you and Mirror and govern your use of the Platform, superseding any prior agreements between you and Mirror with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Mirror agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms without the prior written consent of Mirror, but Mirror may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Mirror may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.
Notice for California Users

Under California Civil Code Section 1789.3, Users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at (347) 201-2595.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate
  
  This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Mirror, whether arising out of or relating to these Terms (including any alleged breach thereof), the Platform, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Mirror are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief
  
  YOU AND MIRROR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MIRROR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution
  
  Mirror is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting customer support at support.mirror.xyz. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Mirror should be sent to 348 4th Avenue #1072, Brooklyn, New York, 11215 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Mirror and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Mirror may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Mirror or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mirror is entitled.
4. Arbitration Procedures
  
  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  
  Unless Mirror and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Mirror agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic and/or videographic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
5. Costs of Arbitration
  
  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Mirror will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Mirror will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mirror will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.