Founded in July 2011, MugStats delivers a fun and original way to look at the all-important face. Our aim is to relax our everyday anxieties about appearances so that we can enjoy the better parts of life. We hope that people will get a laugh out of our site and carry that positive spirit into their life.
As our website is purely for fun, it is meant in absolutely no way to be harmful or hurtful. If you feel that you are hurt or offended by anything on this site (i.e. someone submitted your picture without your permission, hurtful comments, etc.) please do not hesitate to email us at email@example.com and we will try our best to take care of the problem.
For this reason, please do not submit someone's picture without the expressed consent of that person. Falsely submitted accounts will be removed (report at firstname.lastname@example.org).
Have suggestions? Send an email to email@example.com
Stay positive, and happy mugging!
Our content policies play an important role in maintaining a positive experience for you, the users. Please respect these guidelines.
Adult Content: We do not allow adult content on MugStats, including images or videos that contain nudity or sexual activity.
Child pornography: We will terminate the accounts of any user we find publishing or distributing child pornography. We will also report that user to law enforcement.
Pedophilia: We do not allow content that encourages or promotes sexual attraction towards children. For example, do not create profiles with galleries of images of children where the collection of images or text accompanying the images is sexually suggestive.
Hate Speech: We want you to use profileger to express your opinions, even very controversial ones. But, don't cross the line by publishing hate speech. By this, we mean content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity. For example, don't write a profile saying that members of Race X are criminals or advocating violence against followers of Religion Y.
Crude Content: Don't post content just to be shocking or graphic. For example, collections of close-up images of gunshot wounds or accident scenes without additional context or commentary would violate this policy.
Violence: Don't threaten other people on their profile. For example, don't post death threats against another person or group of people and don't post content encouraging your readers to take violent action against another person or group of people.
Personal and confidential information: It's not ok to publish another person's personal and confidential information. For example, don't post someone else's credit card numbers, Social Security numbers, unlisted phone numbers, and driver's license numbers. Also, please keep in mind that in most cases, information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies.
Impersonating others: Please don't mislead or confuse users by pretending to be someone else. If you find that someone has falsely made an account with your name or picture, email us at firstname.lastname@example.org so we can remove it.
Illegal activities: Don't use profileger to engage in illegal activities or to promote dangerous and illegal activities. For example, don't author a profile encouraging people to drink and drive. Otherwise, we may delete your content. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.
Spam: Spam takes several forms in profileger, all of which can result in deletion of your account or profile. Some examples include creating profiles designed to drive traffic to your site or to move it up in search listings, posting comments on other people's profiles just to promote your site or product, and scraping existing content from other sources for the primary purpose of generating revenue or other personal gains.
Malware and viruses: Do not create profiles that transmit viruses, cause pop-ups, attempt to install software without the reader's consent, or otherwise impact readers with malicious code. This is strictly forbidden on profileger.
Enforcement of profileger's Content Policy If you encounter a profile that you believe violates our content policies, please report it to us at email@example.com
The following Terms and Conditions govern your use and access to the website www.mugstats.com
This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein whether or not you become a member of the site. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.
Information and services that are provided on this Site and Service in a language other than English or are only provided as a convenience to You when available. All Services to be provided, all obligations of MugStats and all communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Sites.
1. USER CONDUCT In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized or unlawful purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents, (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (g) "stalk" or harass any other user of our Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use our Service for any commercial purpose whatsoever, (j) impersonate any person or entity, (k) remove any copyright, trademark or other proprietary right notices contained in the Service, (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, or (m) assist any third party in doing any of the foregoing.
2. YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
A. Your Responsibilities. You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Site. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
B. Our limitations. We will not be responsible for any damage or harm resulting from your use of the service or interactions with other users of our Service. While we do make certain efforts to screen users, you understand that we do not in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the use of the Service and the contents of any communications you may receive from other users.
C. User Disputes. You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet this criteria to use our Service. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.
4. THE SERVICE
Users of the Service may become " Members" of the Service. Members are allowed access to all levels of the Service's features and are NOT charged by us for the use of the features they can access.
B. Privacy & Use of Information
C. Member Authenticity
We do not guarantee the authenticity of any member using our site. All information displayed regarding users is provided solely by members of the site using our service.
D. Customer Service
You may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site.
5. USER CONTENT
A. By submitting any content (including without limitation, photographs you upload) to our Site, you represent and warrant to us that the content, including photographs, is posted by you and that you are the exclusive author of the content, including the photographs, and use of your content by us will not infringe or violate the rights of any third party. You waive absolutely any and all moral rights to be identified as the author of the content, including photographs, and any similar rights in any jurisdiction in the world. By submitting any content (including without limitation photographs) to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
B. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b) contains pornographic content, (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group, (d) exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, (e) encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), (f) makes use of offensive language or images or is otherwise patently offensive to the online community, (g) harasses or advocates harassment of another person, (h) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam, (i) promotes an illegal or unauthorized copy of another person's copyrighted work, (j) characterizes violence as acceptable, glamorous or desirable, (k) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity), (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, (m) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (n) provides or promotes inaccurate, misleading or false information, (o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes or (p) contains any identifiable personal contact information (other than for purposes of registration for the Service). If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
C. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section 5, including without limitation, removing the offending communication from the Service and terminating the violator's access to the Site.
D. We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
6. NON-COMMERCIAL USE
Our Site is for personal use only and may not be used in connection with any commercial purposes. Organizations, companies, and/or businesses should not use the Service or our Site for any purpose. Illegal and/or unauthorized uses of the our Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of our Site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
7. THIRD PARTY CONTENT
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.
8. PROPRIETARY RIGHTS
A. You agree that all content and materials available on our Site are protected by either our rights, or the rights of our licensors, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.
B. You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission.
9. EMAIL AND PASSWORD
You will select an email and password when completing the registration process. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 9.
You agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You may terminate your access to the Service by emailing us at email@example.com.
11. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
12. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Site.
13. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE OR THRID PARTY CONTENT WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON, OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if and how we wish to settle it.
17. COPYRIGHT POLICY
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please see Section 24 for removal procedures.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
19. GENERAL PROVISIONS
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Connecticut, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Connecticut. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Hartford County, Connecticut.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other partyâ€™s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable workerâ€™s compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Hartford County, Connecticut, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitratorâ€™s fees. Each party shall bear its own attorneysâ€™ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney's Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees, including attorney's fees incurred on appeal.
G. No Waiver
No waiver of MugStats shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the partiesâ€™ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
MugStats reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following MugStatsâ€™s posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. MugStats does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by MugStats in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are â€ścommercial computer softwareâ€ť or â€śrestricted computer softwareâ€ť within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
L. Other Jurisdictions
MugStats makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
a. UNLESS OTHERWISE REQUIRED BY LAW, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT, FACTS OR DISPUTE.
b. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OR OTHER SIMILARLY SITUATED PERSONS UNLESS THAT STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
c. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH MugStats UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE. M. Exclusions from Arbitration You and MugStats agree that any claim filed by you or by MugStats that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims shall not be subject to arbitration. Notwithsatnding the foregoing, MugStats reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. N. Continuation This Arbitration Provision will survive the termination of your Service with MugStats.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. MugStats has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, MugStats shall be relieved of any and all liability under this Agreement.
21. LIMITATION OF LIABILITY
IN NO EVENT SHALL MugStats (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSONâ€™S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF MugStats HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF MugStats HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MugStatsâ€™S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
22. PROTECTED SPEECH
You further acknowledge that the Site contain only images protected by the First Amendment to the United States Constitution.
23. TRADEMARK INFORMATION
MUGSTATS.COM is service marks of MugStats in the United States. Other manufacturer's product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. MugStats â€™s marks may not be used publicly except with express written permission from MugStats , and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits MugStats .
24. NOTICE AND TAKE DOWN PROCEDURES
MugStats reserves the right at any time to implement a notice and takedownť procedure upon receipt of any notification of claimed infringement. MugStats reserves the right at any time to disable access to, or remove any material or activity accessible on or from MugStats claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. If you wish to report an infringement, this can be accomplished via the contact form or via email to firstname.lastname@example.org. You will need to provide your full name, gender, and year of graduation. Providing a URL to the image in question is not sufficient. We cannot guarantee removal of a specific picture because information may be submitted falsely. Users can only request removal of content if they are the owners of the content.
You agree that: (i) the Service shall be deemed solely based in Connecticut, United States; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over MugStats, either specific or general, in jurisdictions other than the State of Connecticut; and (iii) The Terms, and your relationship with MugStats under the Terms shall be governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
26. FORCE MAJEURE
MugStats shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay MugStats' performance.
What Information is collected?
We collect two types of information: personally identifiable information ("PII") and non-personally identifiable information ("Non-PII"), which is also referred to as aggregate and anonymous data.
What information do you gather automatically from visitors?
What information will you ask me for?
When you establish an Ad Profile on the Website you will be asked for some general identifying information which will enable us to provide you with this individualized service. We gather contact information (e.g. your email address), and demographic information (e.g. city of residence or age). While register and creating a Profile, you will be given the option of creating a pseudonymous profile (email and password) where your gender is applicable. Personal information that may identify you is not permitted on your Profile. Please note, you may upload photos to your Profile. The type of photos you upload may clearly identify you.
How will this information be used and who has access to it?
Your Non-PII is used to personalize your experience, allow other members to find you through a search, to compose your personal profile - which is associated with a pseudonymous identity you have created - and to deliver targeted advertising and promotional offers to you from external companies that are of the highest relevance to your demographic profile. We may share some of this information for our own analysis and research purposes with our professional advisors or consultants and third party partners.
The PII we collect from you is used in the course of providing our service to you and to improve the content and functionality of our Website or customize the layout of our pages for each individual member. We may use your contact information to send you valuable updates and timely notices of promotions and mailbox status reports. We may also use your PII to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any MugStats products and services. The PII we collect may be released to non-affiliated third party without your prior. Our use of the PII we collect includes, but is not limited to, the following:
We may share PII about our users sometimes in connection with Non-PII with service providers that may be associated with us to perform functions on our behalf. In addition, from time to time we may share and/or sell PII about our users (such as your mailing or email addresses) with selected third parties, so they can offer goods and services that we believe may be of interest or benefit to our users.
We may disclose your PII to respond to law enforcement requests; or where required by applicable laws, court orders, or government regulations; or to protect against misuse or unauthorized use of our site; or to protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
Sale or Merger
We may disclose and sell PII in connection with the sale, assignment, or other transfer of the business or a portion of the business of our Website, including a corporate merger, consolidation, restructuring, sale of assets or other corporate change of our direct or indirect parent companies that affects us.
We may share much of our data, including PII about you, with our parent, subsidiary and other affiliated companies (each an "Affiliate") that are committed to serving your online needs and related services. To the extent that these entities have access to your PII information, they will give such information at least the same level of protection treat it at least as protectively as they give to treat information they obtain from their other users. Our Affiliates will follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. It is possible that we or one or more of our Affiliates, or any combination of such, could merge with or be acquired by another business entity. In connection with the due diligence review involving such a potential transaction, we may share some or all of your PII with potential acquirers, merger partners or investors, and their agents (including professionals). We would require that these third parties sign non-disclosure agreements and would endeavor to disclose as little PII as possible. Should such a combination then in fact occur, you should expect that we would share some or all of your information in order to continue to provide the Service.
How long do you keep the information I've provided you?
We keep the information you have given us for at least as long as your Profile stays active.
Accessing and updating your email notification preferences, personal information and public information
Please be aware that it may take several hours for any changes you request to take effect. Please also note that changing or deleting your information will only change or delete the data in our database for the purpose of future activities and communications. These changes and deletions will not change or delete information or emails that are queued to be sent or have already been sent.
Do you monitor online behavior?
While we do not, as a rule, moderate or monitor activity, we reserve the right to do so if we suspect users of being under the age of 18 or of using our service for the purpose of solicitation or any other violation of our Terms & Conditions or Privacy Statement. Submissions that appear on the public area of the site are moderated and, if necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site.
MugStats is based on answering specific questions based on a picture. For this reason, submitted pictures are viewable to all registered users. Although access is restricted, the pictures submitted are part of the public domain. Any individual's real name will not be associated with any given profile picture. Instead, a username will be associated with each profile picture to protect anonymity. The other information collected is used only for verification purposes when changing or deleting submissions.
Removal of information
If you wish to have a specific picture removed of yourself, this can be accomplished via the contact form or via email. You will need to provide the username of the account with the picture. Providing a URL to the image in question is sufficient. We cannot guarantee removal of a specific picture because information may be submitted falsely. Users can only request images of themselves to be removed. For requests for removal send an email to email@example.com.
Other Information Collectors
Except as otherwise expressly described in this Privacy Statement, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website (including links to third party sites) or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers or have third party e-commerce partners, they adhere to their own privacy policies. Since we do not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.
We treat data as an asset that must be protected against loss and unauthorized access. To safeguard the confidentiality and security of your PII, we use industry standard practices and technologies.
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask MugStats for a notice describing what categories of personal customer information we share with third parties or affiliates for those third parties or affiliates direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with whom it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a request to the email address listed below. Please note that it may take 60 days from receipt of your request to receive the notice. To contact us concerning Privacy issues, please use the contact for or email us at firstname.lastname@example.org