Terms of Service

Welcome to www.mutasia.com (the “Site”). The Site is operated and presented to users by Mutasian Entertainment, LLC (“ME”) of Palm Beach Gardens, Florida. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site and/or by clicking a box that states that you accept these terms and conditions of use, you signify your agreement to these Terms of Service (“TOS”). If you do not agree to these TOS, do not use this site. ME may modify these TOS at any time. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TOS IN RESPECT TO THEIR USE OF THE SITE. Note that special terms apply to some services offered on the Site, like subscription-based services or other features or activities. These terms are posted in connection with the applicable service. Subject to applicable law, any such terms are in addition to these TOS, and in the event of a conflict, prevail over these TOS. You acknowledge that these TOS are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.

Ownership of Our Website and Protection of Our Intellectual Property Rights

The contents of the Site are intended for the personal use of our users. The Site is owned and operated by ME. All right, title, and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third-parties, are the property of ME, or third-parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including, without limitation, any software) available through the Site. Our Site is not to be used to distribute or transmit any content that infringes or violates another person’s rights under copyright, trademark, patent, or other proprietary rights and laws. If the Site receives written notification of copyright, trademark, patent, infringement or violations of any other proprietary rights and laws, we will take the steps listed in our Copyright and Intellectual Policy to protect third parties’ copyrighted, trademarked or proprietary content. Please see our Copyright and Intellectual Property Policy.

Our Privacy Policy

The information that we obtain through your use of our Site is subject to the privacy policy posted on our Site (“Privacy Policy”). Our Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review our Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use our Site.

Restrictions on Use of Materials

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial home use purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright, trademark and other proprietary notices attached to the downloaded material. The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of ME or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute the materials found on this Site can be made by contacting ME in writing at Mutasian Entertainment, LLC, Attn: IP Agent, 4440 PGA Boulevard, Suite 600, Palm Beach Gardens, Florida 33410 or at ipagent@mutasia.com. If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by ME, for your personal, non-commercial home use only.

ME does not transfer either the title or the intellectual property rights to the Software and ME retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form.

You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside. All trademarks and logos are owned by ME or its licensors and you may not copy or use them in any manner. You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. This site is controlled and operated by ME from its offices within the State of Florida, United States of America. ME makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contests, Sweepstakes, Electronic Postcards, and Other Activities

ME provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by www.mutasia.com and in conjunction with third-parties. These TOS are incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between these TOS and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

Disclaimers and Limitation of Liability

ME may change, move or delete portions of, or may add to, this Site from time to time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ME DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. ME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ME BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF SITE, OR THE INABILITY TO USE, OR ANY DOWNLOADED MATERIALS, EVEN IF ME OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ME’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO ME, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other Websites

If ME has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that ME is connected with, operates or controls these websites. ME makes no representation whatsoever regarding the content of any other websites which you may access from this Site. When you access a non-ME website, please understand that it is independent from ME and that ME has no control over the content on that website. A link to a non-ME website does not mean that ME endorses or accepts any responsibility for the content or use of such website. ME is not responsible for the content or practices of third-party websites that may be linked to this Site. This Site may also be linked to other websites operated by companies affiliated or connected with ME. When visiting other websites, however, you should refer to each such website’s individual “Terms of Service” and not rely on this Agreement.

Submissions

Should any viewer of a document on this Site respond to ME with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and ME shall have no obligation of any kind with respect to such information. In addition, ME shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, ME shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by ME’s Privacy Policy. In consideration of ME’s continuing efforts to enhance and improve the Site and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to ME without any compensation. You agree to execute any and all documents that ME may reasonably request in connection with confirming ME’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques. ME assumes no responsibility for actively monitoring forums, blogs, chat rooms or any other areas of the Site for inappropriate content. If at any time ME chooses, in its sole discretion, to monitor the forums, blogs, chat rooms or any other areas of the Site, ME nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content. In submitting content to forums, blogs, chat rooms or any other areas of the Site, you agree to strictly limit yourself to discussions about the subject matter for which the forums, blogs, chat rooms or any other areas of the Site are intended. You agree that ME accepts no liability whatsoever if it determines to prevent your content from being submitted or if it edits, restricts or removes your content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person. You are solely responsible for the content of any comments you make. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you. You agree not to use www.mutasia.com to:

a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm or threaten to harm users in anyway;
c. harm minors in any way;
d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or
entity;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any content that violate any right of any third-party including but not limited to the misappropriation of the trade secrets of a third-party, infringes patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, 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;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the ME services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the ME services or servers or networks connected to the ME services, or disobey any requirements, procedures, policies or regulations of networks connected to the ME services, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. “stalk” or otherwise harass another;   and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above. You acknowledge that we do not pre-screen any postings of content, but that we have the right, but not the obligation, to refuse to make available, to modify or to remove any postings or portions of postings in its sole discretion and at any time without notice, regardless of whether those postings violate the terms of these TOS or are otherwise objectionable. If we believe that anyone has violated this provision or any other provision of these TOS or otherwise violated the law, we retain the right to investigate and/ or pursue legal action against such person, including without limitation, reporting you to law enforcement authorities. Our investigation may include our accessing and reviewing any postings or other areas of our Site without seeking consent. You agree that your use of any posting is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the posting. You agree that if you rely on any posting submitted to us, it is solely at your own risk.

Fees For Site Access

We do not currently require payment of fees to access our Site or any areas of our Site. We reserve the right at any time to charge fees for access to any areas of the Site or the Site as a whole. We will not charge fees for access to the Site unless we obtain your prior agreement to pay such charges. As a result, if at any time we require a fee for access to areas of the Site that are now free, we will give you advance notice of such fees and the option to terminate the account before such fees are charged.

Our Terms of Sale for Purchases of Products and Services

Please see our Terms of Sale for the terms and conditions that apply to your purchase of products or services provided by us. When ordering products or services from us on the Site, you agree to be bound by and accept our Terms of Sale. Our Terms of Sale also contain the terms and conditions that apply to your purchases from our store and your purchase of products and/or services from merchants on our Site selling through our store. If you are unwilling to accept the terms and conditions of our Terms of Sale, please do not engage in such transactions on our Site. We reserve the right from time to time to change our Terms of Sale without prior notice at any time, in our sole discretion. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. As a result, we urge you to review the Terms of Sale prior to making a purchase.

Indemnity

Copyright and Intellectual Property Policy

ME respects the intellectual property of others, and we ask our users to do the same. ME may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ME’s Intellectual Property Agent the following information: a.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;  b.) a description of the copyrighted work or other intellectual property that you claim has been infringed;  c.) a description of where the material that you claim is infringing is located on the site;  d.) your address, telephone number, and email address ; e.) 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, f.) 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. ME’s Agent for Notice of Claims of copyright or other intellectual property infringement can be reached as follows:

Intellectual Property Agent
Mutasian Entertainment, LLC
4440 PGA Boulevard, Suite 600
Palm Beach Gardens, FL 33410
Tel: 561-691-0838
Email: ipagent@mutasia.com

Termination

These TOS are effective unless and until terminated by either you or ME. You may terminate these TOS at any time by no longer using this website, provided that all prior uses of this website shall be governed by these TOS.
ME may terminate these TOS at any time and without notice, and accordingly deny you access to this website, in ME’s sole discretion for any reason, including your failure to comply with any term or provision of these TOS. Upon any termination of these TOS by either you or ME, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of these TOS or otherwise.

Entire Agreement

These TOS constitute the entire agreement between you and ME and govern your use of the ME services, superseding any prior version of these TOS between you and ME with respect to the ME services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ME services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

You and ME each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and ME, shall be brought exclusively in the courts located in the county of Palm Beach, Florida or the U.S. District Court for the Southern District of Florida. You and ME agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Palm Beach, Florida or the Southern District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

The failure of ME to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.

Statute of Limitations

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 ME services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last updated on: 04/28/17