Mugnacious shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including but not limited to Content (as defined herein), features, or hours of availability, and may impose limits on certain features and services or restrict your access to the Website without notice or liability.
Limited Right to use the Website
This Website is intended for users who are at least eighteen (18) years of age and who are located in the United States. Mugnacious makes no representation that any materials in the Website, including copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the Website from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Ownership and Restrictions
MUGNACIOUS™ and related logos are trademarks of Powell Communications, LLC.
Mugnacious owns, controls, licenses or has the right to use and provide the Website and all material on the Website, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Mugnacious is the owner of the copyright in the entire Website, including in the selection, coordination, arrangement and enhancement of the Website. You agree to abide by any and all copyright notices, information or restrictions displayed on the Website.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the Internet, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of Mugnacious. You may download a copy of Content from the Website for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Mugnacious and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You shall indemnify, defend and hold harmless Mugnacious and its parent, affiliates, subsidiaries and their respective officers, directors, agents, employees, content providers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any matter, claim or lawsuit arising out of, based upon, or resulting from your use of the Website in violation of these terms. Mugnacious reserves the right, at its own expense, to assume the exclusive defense and control of any such matter, claim or lawsuit otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Mugnacious.
INFORMATION ON THE WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED RELIABLE; HOWEVER, MUGNACIOUS MAKES NO GUARANTEE, WARRANTY OR REPRESENTATION ABOUT ANY SUCH INFORMATION. ANY OPINIONS, VALUATIONS, ESTIMATES AND SIMILAR INFORMATION ARE FOR EXAMPLE ONLY. WE MAKE NO REPRESENTATIONS OR GUARANTEES REGARDING THE CURRENT OR FUTURE VALUATION OR PERFORMANCE OF ANY PROPERTY. IT IS ADVISABLE THAT YOU CONDUCT A THOROUGH, INDEPENDENT INVESTIGATION REGARDING ANY PROPERTY OF INTEREST TO YOU.
Disclaimer of Warranties and Damages; Limitation of Liability
THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MUGNACIOUS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE WEBSITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. MUGNACIOUS, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MUGNACIOUS’S, ITS PARENT’S, SUBSIDIARIES', AFFILIATES', AGENTS' OR CONTENT PROVIDER'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL MUGNACIOUS, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MUGNACIOUS, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $100.00.
Content Provided By Users
The Website may allow users to post user-generated content. By posting messages or content, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Website, you grant to Mugnacious a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or materials contained in such Communications, in all media now known or hereafter developed and warrant that such information is not owned by a third party and that you have all rights necessary to grant such license to Mugnacious. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Mugnacious of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Mugnacious for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Mugnacious is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever. You represent and warrant that any information you submit through this Website is truthful and accurate.
Monitoring and Editing User Content
Links to Other Websites
This Website may contain links and pointers to other Internet sites. Mugnacious disclaims all responsibility and/or liability in connection with materials of third parties accessible through the Website. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by Mugnacious or any of its subsidiaries and affiliates of any third party resources or their content. Links do not imply that Mugnacious or the Website sponsors or are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Mugnacious or any of its affiliates. You should direct any concerns regarding any external link to our Website Administrator. Mugnacious does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Mugnacious reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
Choice of Law; Jurisdiction
© 2015 Mugnacious. All rights reserved. MUGNACIOUS™ and various logos are trademarks of The Studio Of Neil Powell, LLC.