Please Note: It is permissible under these Terms of Service for you to download a mugshot image you find on Muggn for your personal, non-commercial use elsewhere online. For example, you are allowed to download an image to use as an avatar or profile image elsewhere. We ask that those who wish to do this simply credit Muggn as the source; though that is not a requirement. Commercial use of the images on Muggn are restricted by these Terms of Service.
Also Please Note: We like crude humor, but may well edit “cuss words” to be less “offensive” forms. Or we may remove nastyish captions altogether. That’s life.
By using the Muggn Services (the “Muggn Service”) which are owned and operated by Bet-R Sites, LLC (”Bet-R”) and by accessing the Muggn Site located at http://www.muggn.com (the “Muggn Site”), and all linked pages owned and operated by Bet-R (the “Bet-R Sites”), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, “Terms of Service”).
Bet-R’s on-line services which are available at the Muggn Site will, among other things, allow you to post content viewable by other members and the general public and view content posted by other members. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Muggn Service. Please read these Terms of Service carefully. Your access to or use of the Muggn Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Muggn Service.
1. Rights and Remedies.
Above all else, you agree and understand that access to the Muggn Site and/or Muggn Service is not guaranteed for any member or guest. You agree and understand that Bet-R Sites may, at its sole discretion, deny access to the Muggn Site and/or Muggn Service to any member, guest, person or entity for any reason permissable by law. You further agree and understand that Bet-R Sites may, at its sole discretion, remove, modify, prohibit or otherwise control any and all information or material posted by members or guests for any reason. You agree and understand that your sole remedy for being denied access to the Muggn Site and/or Muggn Service and/or having information posted by you on the Muggn Site and/or Muggn Service removed or otherwise altered by Bet-R Sites is to discontinue use of the Muggn Site and Muggn Service.
You must be 13 or older to use the site, in compliance with the Children’s Online Privacy Protection Act(COPPA). By using the Muggn Site and/or Muggn Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Muggn website is administered in the US and intended for US users; any use outside of the US is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
3. Changes to the Agreement or the Muggn Services.
You agree and understand that these Terms of Service, the Muggn Site and the Muggn Services may be modified by Bet-R at any time without prior notice, and such modifications will be effective upon Bet-R’s posting of the new terms and/or upon implementation of the new changes on the Muggn Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Muggn Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Bet-R, any new features, new services, enhancements or modifications to the Muggn Service implemented after your initial access to the Service shall be subject to these Terms of Service.
4. Registration and Security.
In order to use or access some of the Muggn Services, you may be required to register with the Muggn Site and to select a password and user name (”User ID”), which shall require access to an email address you own and use. If you register, you agree to provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Bet-R reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Muggn Service shall be for your personal use only.
5. Use of the Site/Services by Members.
Subject to the restrictions on use and on posting set forth in this Agreement, you may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Muggn Service (”Content”), and other items displayed on the Muggn Site, for your own personal, non-commercial use. You may not copy or distribute any portion of the Muggn Site and/or Muggn Service not explictly offered for redistribution (i.e. Keeper images) for any commercial, non-personal use not authorized above without the express written permission of Bet-R. Bet-R does not control the Content posted by third parties via the Muggn Service, including the content of any messages, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Muggn Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bet-R be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Muggn Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
6. Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):
• modify, adapt, translate, or reverse engineer any portion of the Muggn Site and/or Muggn Service;
• remove any copyright, trademark, watermark or other proprietary rights notices contained in or on the Muggn Site and/or Muggn Service or in or on any Content or other material obtained via the Muggn Site and/or Muggn Service. Cropping a mugshot image to be used for personal, non-commercial purposes is, however, allowed;
• collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to communicate with other members as part of the Muggn Service;
• reformat or frame any portion of the web pages that are part of the Muggn Site and/or Muggn Service except when the framed context is clearly evident to a user accessing the page. For example, the link-sharing functionality of Facebook is acceptable though Facebook presents our site as a frame; framing and republishing the site in an effort to mislead users as to the ownership or origin of the site is not acceptable;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit unwanted electronic communications such as “spam” to other users or members of the Muggn Site and/or Muggn Service or otherwise interfere with other user’s or member’s enjoyment of the Muggn Site and/or Muggn Service;
• create or transmit “spam” captions or comments;
• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• use of the Muggn Site or Muggn Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• copy or store any Content offered on the Muggn Site for other than your own personal, non-commercial use;
• use any device, software or routine that interferes with the proper working of the Muggn Site and/or Muggn Service, or otherwise attempt to interfere with the proper working of the Muggn Site and/or Muggn Service;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• use the Muggn Site and/ or Muggn Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
7. Content Posted By You on the Muggn Site.
• You are solely responsible for any Content and other material that you submit, publish or display on the Muggn Site or transmit to other members and/or other website users (hereinafter, “Posted Content”).
• 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. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by Bet-R.
• You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that Bet-R may review and delete any Posted Content that in the sole judgment of Bet-R violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Muggn Site and/or other website users.
• By posting Posted Content on the Muggn Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Bet-R, its contractors, and the users of the Muggn Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive. You will always own the content you create on Muggn; you just grant Muggn the right to use and redistribute it.
• The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Muggn Site. Bet-R reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Muggn Service and terminating the membership of such violators or blocking your use of the Muggn Service and/or Muggn Site. Determinations of violations of prohibited content policies are made in the sole judgment of Bet-R Sites. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the Muggn Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or “spamming”;
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
8. Venue Only.
If you enter into correspondence or engage in transactions or relationships with third parties in connection with your use of the Muggn Service, such activity is solely between you and the applicable third party. Bet-R shall have no liability, obligation or responsibility for any such activity. You hereby release Bet-R from all claims arising from such activity.
The Muggn Site and Muggn Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Muggn Site and Muggn Service are also copyrighted works. Except for the Content submitted by members or users, the Muggn Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Bet-R or its licensors. You acknowledge that the Muggn Service and any underlying technology or software used in connection with the Muggn Service contain Bet-R’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Muggn Site, or Muggn Services in whole or in part except as expressly provided in Bet-R’s Terms of Service, policies and procedures published here. Except as expressly and unambiguously provided herein, Bet-R and its suppliers do not grant you any express or implied rights, and all rights in the Muggn Service not expressly granted by Bet-R to you are retained by Bet-R.
THE MUGGN SITE IS PROVIDED BY BET-R ON AN “AS IS” BASIS. BET-R AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE MUGGN SITE, MUGGN SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MUGGN SITE OR IN ASSOCIATION WITH THE MUGGN SERVICESS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BET-R AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BET-R AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MUGGN SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BET-R IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE MUGGN SITE. Bet-R does not warrant or covenant that the Muggn Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Muggn Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Muggn Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM BET-R, THE MUGGN SITE OR THROUGH OR FROM THE MUGGN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
12. Limitation on Liability.
Bet-R shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bet-R’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). WITHOUT LIMITING THE FOREGOING, BET-R AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BET-R’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO BET-R FOR THE MUGGN SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold Bet-R, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Muggn Site, (ii) your use of the Muggn Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
15. Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to email@example.com.