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TERMS + CONDITIONS OF USE

Terms of Use

These Terms and Conditions of Use (“Terms and Conditions”) apply to the website located at www.mungystudios.com (the “Website” or the “Site”) and is operated by, or on behalf of Mungy, LLC (“Mungy Studios”). Mungy Studios is a web design hosting and management company. Our Site allows visitors to view our services and contact us if they want additional information about us and our services and the membership we offer to our subscribers. Please read these Terms and Conditions carefully. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Mungy Studios and you regarding your use of this Site and supersede any prior statements or representations. The Site’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

Access, distribution and/or use of to this Site are subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on this Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not use this Site.

The Site is controlled and operated by Mungy Studios from its offices in the United States of America, and is intended for use in the United States, and its territories and possessions. Mungy Studios makes no representation that the Site, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access the Site from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.

By accepting these Terms and Conditions, and/or entering and participating in the activities offered on the Site, you affirm, represent and warrant that: (a) you are 18 years of age or older; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms and Conditions; and (d) your use of the Site shall not otherwise violate any applicable law, rule or regulation.

Mungy Studios may terminate your right to access and/or use the Site, at any time and for any reason whatsoever, subject to the terms and conditions of the Membership Agreement, if you and Mungy Studios enter into a Membership Agreement, as defined below. To the extent any terms contained in these Terms and Conditions are in conflict or inconsistent with the terms of the Membership Agreement, the Membership Agreement shall govern.

Use of Materials

All material on this Site, including but not limited to software, images, logos and trademarks, along with the overall “look and feel” of the website (collectively referred to as the “Material”), is protected under various intellectual property laws and owned or controlled by Mungy Studios or used with permission of the owner(s) of such Material.

Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of this Site or of any of the Material, in whole or part, without the express permission of Mungy Studios is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this Site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. You may not copy, reproduce, download transmit and/or print substantial portions of this Site or of the Material contained hereon without the express written permission of Mungy Studios. Any unauthorized use of this Site and/or the Material contained hereon may subject the user to criminal prosecution and/or civil liability under applicable law.

Privacy

Please see Mungy Studios’ Privacy Policy incorporated into these Terms and Conditions for information concerning the collection and use of Personal Information from this Site.

Subscribing to Mungy Studios’ Services

If you decide to become a member and utilize Mungy Studios for particular services, you will be provided a Membership Agreement by regular, express, or electronic mail. The terms and conditions of such Membership Agreement are not accessible by you, Mungy Studios, or any third party via the Site and no information obtained in connection with the Membership Agreement about you or your business is posted, maintained, housed, accessible or available on the Site. If you sign a Membership Agreement with Mungy Studios, you will be provided a personal link to a Mungy Studios-hosted web page where your monthly membership fees will be paid. At that time, you will be asked to provide debit/credit card information. However, Mungy Studios uses the third party payment processor, Stripe (https:striped.com/us/terms), to process payments to Mungy Studios. Accordingly, Members’ financial information will be provided to and stored by Stripe and Stripe’s Privacy Policy and Terms and Conditions of Use will govern use and disclosure of that information. The services provided, the fees charged, and the terms governing the provision of such services will be set forth in the Membership Agreement.

Links

From time to time, this Site may contain links to other websites and social media features. These may include, but are not limited to, Facebook, LinkedIn, Twitter (collectively, “sites”). These other sites are not controlled and/or maintained by Mungy Studios. Access to and use of such other sites is at your own risk and subject to any terms, conditions and privacy policies that govern such sites, which may be different from those of Mungy Studios and/or may provide their users with less security than this Site. By providing such links, Mungy Studios shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such sites. Mungy Studios is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations. Moreover, such other sites may have privacy policies or terms of use that differ from those of this Site. Accordingly, you should review the privacy policies and terms and conditions on such other sites before using them.

Limitation of Liability and Warranty and Use Disclaimer

THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. MUNGY STUDIOS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, MUNGY STUDIOS SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

Transmitting and Downloading

Mungy Studios is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

Mungy Studios does not warrant or represent that this Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back-up of all data and/or equipment.

Indemnity

Unless prohibited by law, you agree to indemnify, defend and hold harmless Mungy Studios, its parent, subsidiaries and affiliated entities and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms and Conditions; and/or (iii) content submitted by you to the Site. You agree that your representations and warranties, and obligation to indemnify Mungy Studios, shall survive beyond any term that these Terms and Conditions are in effect.

Electronic Communications

When you communicate with Mungy Studios electronically, via email or otherwise, you consent to receive electronic communications from Mungy Studios.. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Mungy Studios satisfy any legal requirement that such communication be in writing.

Changes in Policy

From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this Site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of this Site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms.

These Terms and Conditions of Use were last updated on 1/24/2018 and are effective immediately.

Acquisition of Business

In the event that Mungy Studios is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site and all of Mungy Studios’ rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Mungy Studios will post a notice to such effect on this Site.

Contact Us

If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us by emailing inspired@mungystudios.com.

Disputes and Governing Law

Use of the Site and these Terms and Conditions shall be governed by the laws of the State of Massachusetts of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Mungy Studios of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Mungy Studios’ failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you accessing and/or using the Site, you agree that (1) any and all disputes and causes of action you seek to bring arising out of or connected with the Site or the Material shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association (“AAA”); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for any dispute or cause of action that you may have that relates in whole or part to the Site and/or the Material. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Mungy Studios may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Massachusetts and/or in any other court chosen by Mungy Studios in the event that Mungy Studios believes that there is a violation, or a threatened violation, of any of Mungy Studios’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Mungy Studios