MugJam Terms

Mugjam is a 3d avatar and video creator online app.

By using our website and app, you agree with our terms, privacy policy and disclaimer. Mugjam requires consideration for and as a condition of allowing you access. Reading and accepting the terms of use and reading and accepting the provisions of the privacy policy of mugjam are required considerations for mugjam granting you the right to visit, read or interact with it. All persons are denied access to this site unless they read and accept the terms of use and the privacy policy. By viewing, visiting, using, or interacting with mugjam or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this terms of use policy and the privacy policy of mugjam. All persons under the age of 18 are denied access to mugjam. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with mugjam or its contents in any manner. Mugjam specifically denies access to any individual that is covered by the child online privacy act (copa) of 1998. Mugjam reserves the right to deny access to any person or viewer for any reason. Under the terms of the privacy policy, which you accept as a condition for viewing, mugjam is allowed to collect and store data and information for the purpose of exclusion and for many other uses. The terms of use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view mugjam, to keep themselves informed of changes. Parties to the terms of use agreement visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “website."


USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of u.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.


OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.


Hyperlinking to site, co-branding, “framing" and referencing site prohibited unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of us $100,000.00 plus costs and actual damages for violating this provision.


Disclaimer for contents of site the website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.


Disclaimer for harm caused to your computer or software from interacting with this website or its contents. Visitor assumes all risk of viruses, worms, or other corrupting factors. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk. Disclaimer for harm caused by downloads visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.


Limitation of liability by viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.


INDEMNIFICATION

Visitor agrees that in the event he/she causes damage, which the website is required to pay for, the visitor, as a condition of viewing, promises to reimburse the website for all. Submissions visitor agrees as a condition of viewing, that any communication between visitor and website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the website, which it wishes to forever allow the website to use in any manner as it sees fit. “submissions" is also a provision of the privacy policy. Notice no additional notice of any kind for any reason is due visitor and visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

AVATAR CREATION WITHOUT PERMISSION

Mugjam discourages creating or using 3d avatars of anyone without their permission. Mugjam will not be liable for any damages if you as a user use the app to create avatars and videos of anyone without their permission. The user of the app will be held liable for creating and using 3d avatars and videos of someone without their permission.

If it is reported or your account is discovered to contain images that are harmful to any person or that you created an avatar of someone without their permission, your account will be closed immediately and there will be NO refunds granted to you.

Disputes as part of the consideration that the website requires for viewing, using or interacting with this website, visitor agrees to use binding arbitration for any claim, dispute, or controversy (“claim") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. Arbitration shall be conducted pursuant to the rules of the american arbitration association which are in effect on the date a dispute is submitted to the american arbitration association. Information about the american arbitration association, its rules, and its forms are available from the american arbitration association, 335 madison avenue, floor 10, new york, new york, 10017-4605. Hearing will take place in the city or county of the seller. In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Jurisdiction and venue if any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the seller's address. Applicable law viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the seller. 
MugJam Privacy Policy

Welcome to mugjam.com (the “Site”).We understand that privacy online is important to users of our Site, especially when conducting business.This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by MugJam (collectively, “Services”) (“Authorized Customers”).

 

Welcome to mugjam.com (the “Site”).We understand that privacy online is important to users of our Site, especially when conducting business.This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by MugJam (collectively, “Services”) (“Authorized Customers”).

 

“Personally Identifiable Information”

refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

 

What Personally Identifiable Information is collected?

We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell.

 

What organizations are collecting the information?

In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.

 

How does the Site use Personally Identifiable Information?

We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.

 

With whom may the information may be shared?

Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.

 

How is Personally Identifiable Information stored? 

Personally Identifiable Information collected by MugJam is securely stored and is not accessible to third parties or employees of MugJam except for use as indicated above.

 

What choices are available to Visitors regarding collection, use and distribution of the information?

Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at

 

Are Cookies Used on the Site?

Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log the Authorized Customer off.

 

How does MugJam use login information?

MugJam uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyse trends, administer the Site, track a user’s movement and use, and gather broad demographic information.

 

What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?

MugJam has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know basis for evaluating Authorized Customers for service eligibility. Our privacy policy does not cover their collection or use of this information. Disclosure of Personally Identifiable Information to comply with law. We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.

 

How does the Site keep Personally Identifiable Information secure?

All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.

 

How can Visitors correct any inaccuracies in Personally Identifiable Information?

Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at support@mugjam.com

 

Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?

We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting us. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.

 

What happens if the Privacy Policy Changes?

We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.

 

Links:

mugjam.com contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.

MugJam Disclaimer
  1. The information contained in this website is for general information purposes only. The information is provided by MugJam and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

  1. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this MugJam.

 

  1. Through this website MugJam, you are able to link to other websites which are not under the control of MugJam PTE. LTD. We have no control over the nature, content and availability of those sites.

 

  1. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

  1. Every effort is made to keep the website up and running smoothly. However, MugJam PTE. LTD. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

  1. UNLESS OTHERWISE EXPLICITYLY AGREED TO IN WRITING, MugJam PTE. LTD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

 

  1. MugJam PTE. LTD MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS UNDER YOUT SPECIFIC CONDITIONS OF USE. MugJam PTE. LTD MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.

 

  1. MugJam PTE. LTD WILL NOT, UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

 

  1. UNDER NO CIRCUMSTANCES SHALL MugJam PTE. LTD, ITS DIRECTORS, OFFICERS, EMPLOYERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT OR FROM FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE OF MugJam PTE. LTD OR ANY OTHER PARTY, EVEN IF MugJam PTE. LTD IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS MugJam PTE. LTD’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

  1. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of MugJam PTE. LTD.

 

  1. MugJam PTE. LTD reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If MugJam PTE. LTD is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price of the Software Product exclusive of any costs for shipping and handling.

 

  1. MugJam PTE. LTD takes the protection of copyright seriously. If MugJam PTE. LTD discovers that you have used its copyright materials in contravention of the license above, MugJam PTE. LTD may seek a DMCA or legal proceedings against you for monetary damages and an injunction to stop you using those materials.  

 

  1. For the avoidance of doubt, MugJam PTE. LTD recommends you seek the requisite permission of copyright owners before any use of its software to adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, show or play in public any content which may be copyright protected.

 

  1. If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to support@mugjam.com.

 

  1. You will undertake that before using the purchased MugJam Application, you will seek the express permission from the owner of the downloaded website URL before engaging in a wholesale copy of the website and all related interfaces.

 

  1. Upon the download of the App from MugJam, MugJam PTE. LTD will not be liable in any legal proceedings involving a breach of any copyright, trademark, or patent of any other party.



MugJam Support & Contact Information
CONTACT INFORMATION The Seller of this product is:

MugJam
C-49 Padamavati Nagar Society.
Pune, 411043
India

Contact Email: support@mugjam.freshdesk.com

Support Desk URL: https://mugjam.freshdesk.com

All Rights Reserved.
All Rights Reserved. MugJam© 2019
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