Mugnacious

These Terms of Use apply to and govern your use of the Mugnacious website, which is available at www.mugnacious.com (the “Website”) and owned and operated by The Studio Of Neil Powell, LLC d/b/a Mugnacious (“Mugnacious”).  These Terms of Use are effective as of August 10, 2015 and were last updated August, 2015.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.  Your use of the Website in any form signifies your unconditional acceptance of and agreement to be bound by these Terms of Use.  If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website.  Please also review Mugnacious’s Privacy Policy, which is part of and incorporated by reference into these Terms of Use.

Mugnacious reserves the right, at its sole discretion, to change, modify, ad or remove any portion of these Terms of Use, in whole or in part, at any time.   Such changes will be effective immediately upon posting to this page.  You agree to review these Terms of Use periodically in order to be aware of any such changes.  Your continued use of the Website after any changes to the Term of Use are posted will constitute acceptance of the Terms of Use as modified.

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

Mugnacious grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use.  You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device, including but not limited to spamming, hacking, uploading viruses, time bombs or similar devices, or other means expressly prohibited by any provision of these Terms of Use.

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.  

 

Indemnification

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.

 

General Disclaimer

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

Any or all material and information provided by you to the Website may be included in a database owned by Mugnacious, its parent, subsidiaries, and/or affiliates in which Mugnacious has rights and interest, including but not limited to the compilation copyright.  We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Website to the fullest extent permitted by law consistent with the terms of our Privacy Policy. 

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.  

You acknowledge that transmissions to and from this Website are not confidential and your Communications may be read or intercepted by others.  You acknowledge that by submitting Communications to Mugnacious or the Website, no confidential, fiduciary, contractually implied, or other relationship is created between you and Mugnacious, its parent, affiliates, subsidiaries, or agents other than pursuant to these Terms of Use.  Mugnacious shall not be responsible for the payment of any monies to any party in connection with its use of Communications submitted by you.

Monitoring and Editing User Content

You agree that Mugnacious has the right, but is not obligated, to monitor all material on the Website at any time for any reason in its sole discretion to determine compliance with these Terms of Use and any other operating rules that Mugnacious may establish from time to time.  Notwithstanding the foregoing, Mugnacious does not and cannot review all user-generated content posted to the Website by users, and is not responsible for any such user-generated content.  By using the Website, you agree not to post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil law or in equity.  In addition to any remedies that we may have a law or in equity, Mugnacious reserves the right at all times to edit, disclose, refuse to post, request removal of, remove, or take any action we reasonably deem necessary to cure or prevent such violation or as may be necessary to comply with any law, regulation or government or agency request or if, in Mugnacious’s sole discretion, such materials are objectionable or in violation of these Terms of Use.

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.

Entire Agreement

The Terms of Use (which incorporate the Privacy Policy) constitute the entire agreement between you and Mugnacious with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either you or Mugnacious of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

Choice of Law; Jurisdiction

These Terms of Use supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them.  These Terms of Use shall be governed by and construed in accordance with, and the Website shall be protected pursuant to the laws of the State of New York, without giving effect to any principles of conflicts of laws.  The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts.  A printed version of the Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

© 2015 Mugnacious.  All rights reserved. MUGNACIOUS™ and various logos are trademarks of The Studio Of Neil Powell, LLC.