Terms of Service

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content available through the mumpie.com domain name, the "Mumpie Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF MUMPIE'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://mumpie.com/content/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Mumpie Website.

2. Mumpie Website

These Terms of Service apply to all users of the Mumpie Website, including users who also post mumpies or who are also contributors of other content, personal biographical information, and other materials or services on the Website. The Mumpie Website may contain links including embedded links to third-party websites that are not owned or controlled by Mumpie. Mumpie has no control over, and assumes no responsibility for, the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Mumpie will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Mumpie from any and all liability arising from your use of any third-party website. Accordingly, Mumpie encourages you to be aware when you leave the Mumpie Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

A. Mumpie hereby grants you permission to use the Website as set forth in these Terms of Service, provided that:

(i) Your use of the Website as permitted is solely for your personal use;

(ii) You will not copy or distribute any part of the Website in any medium without Mumpie's prior written authorization;

(iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and

(iv) You will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mumpie immediately of any breach of security or unauthorized use of your account. Although Mumpie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mumpie or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etcetera, that accesses the Website in a manner that sends more request messages in a given period of time to the servers on which is hosted Mumpie than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Mumpie grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mumpie reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest from the Website any personally identifiable information, including account names and e-mail addresses.

4. Intellectual Property Rights

The content on the Mumpie Website, except all User Submissions (as defined below), including without limitation, the text, software, graphics, photos, sounds, music, videos, diagrams, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mumpie, subject to copyright and other intellectual property rights under laws of The Netherlands, United States of America and other countries and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mumpie reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Mumpie Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Mumpie Website or the Content therein.

5. User Submissions

A. The Mumpie Website may now or in the future permit the submission of mumpies, audio files, manuscripts, outlines, drafts, pitches, poems, videos, diagrams, guides or other written or digital communications submitted by you and other users ("User Submissions") and the third-party hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Mumpie does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

(i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Mumpie to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and

(ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS. However, by submitting the User Submissions to Mumpie, you hereby grant Mumpie a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Mumpie Website and Mumpie's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Mumpie Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Mumpie Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Mumpie Website.

C. In connection with User Submissions, you further agree that you will not:

(i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mumpie all of the license rights granted herein;

(ii) Publish falsehoods or misrepresentations that could damage Mumpie or any third party;

(iii) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) Post advertisements or solicitations of business, unless explicitly granted by Mumpie;

(v) Impersonate another person.

Mumpie does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mumpie expressly disclaims any and all liability in connection with User Submissions. Mumpie does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Mumpie will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Mumpie reserves the right to remove Content and User Submissions without prior notice. Mumpie will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Mumpie also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Mumpie may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit to our Copyright Agent an Infringement Notification (as defined below) pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further detail). Please note that you are liable for damages (including costs and attorneys' fees) if you knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. In addition, you can be sued by the author for making a false accusation.

(i) Infringement Notification

If you wish to file a notice of infringement with us regarding a piece of work on the Website, please follow the steps below.

Step 1: Prepare an e-mail in English containing the following information:

> The text "Attn: Copyright Agent";
> The text "Topic: Infringement Notification";
> Title and location of the piece of work you believe to be infringing as well as the author's name on the Website;
> Your real name, address, e-mail address, and phone number;
> A copy of the work that you believe was infringed.

Step 2: Include the following statements in your e-mail:

"I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

"I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Step 3: End the e-mail with your full name and electronic signature.

Step 4: Submit the e-mail to abuse@mumpie.com.

If you do not provide all of the information listed above, and if after a good faith attempt to contact you, we are unable to complete your notice, the notice will be deemed void.

(ii) Our Response

Once the notice containing all the required information has been received, we will temporarily remove the implicated infringing work from public access, thereby eliminating all legal liability to the owners and operators of the Website. We will notify the author of the infringing work once it has been removed. If the author believes they have been mistakenly implicated, they may file a counter notice as described below.

(iii) Infringement Counter Notification

If you believe you have been mistakenly implicated for infringing material, you may send us an Infringement Counter Notification via e-mail as recourse. In your counter notice, please follow the steps below.

Step 1: Prepare an e-mail in English containing the following information:

> The text "Attn: Copyright Agent";
> The text "Topic: Infringement Counter Notification";
> Title and author's name of the piece of work that was removed and the location where it appeared on the Website before it was removed;
> Your real name, address, e-mail address, and telephone number.

Step 2: Include the following statements in your e-mail:

"I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

"I consent to the jurisdiction of Federal District Court for the judicial district in which the address I indicated above is located, or if such address is outside the United States, for any judicial district in which the service provider may be found, and that I will accept service of process from the person who provided the notice of infringement or an agent of such person."

Step 3: End the e-mail with your full name and electronic signature.

Step 4: Submit the e-mail to abuse@mumpie.com.

If you do not provide the information above, and fail to do so after a good faith attempt by us to contact you, then your Infringement Counter Notification will be deemed void and your work will be permanently removed from the Website.

After we receive the Infringement Counter Notification containing the required information, we will promptly submit a copy of it to the sender of the original copyright Infringement Notification. They will also be informed that the disputed material will be returned to public access in ten (10) business days unless prior to such ten (10) day period the following action is taken.

We must receive a signed notice from the person that submitted the original copyright Infringement Notification that such person has filed an action seeking a court order to restrain the accused author from engaging in infringing activity relating to the material posted on the Website. This notice must be sent to e-mail address abuse@mumpie.com. Once this notice is received, the material will be removed pending the result of the lawsuit.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

If you have any questions about whether you should file a notification or a counter notification, we suggest that you first contact an attorney.

E. You understand that when using the Mumpie Website, you will be exposed to User Submissions from a variety of sources, and that Mumpie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mumpie with respect thereto, and agree to indemnify and hold Mumpie, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

F. Mumpie permits you to link to materials on the Website for personal, noncommercial purposes only. Mumpie reserves the right to discontinue any aspect of the Mumpie Website at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MUMPIE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUMPIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MUMPIE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS ON WHICH IS HOSTED MUMPIE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUMPIE WEBSITE.

MUMPIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUMPIE WEBSITE OR ANY HYPERLINKED OR OTHERWISE MENTIONED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUMPIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL MUMPIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS ON WHICH IS HOSTED MUMPIE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUMPIE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MUMPIE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled by Mumpie from its facilities in The Netherlands and hosted in The Netherlands. Mumpie makes no representations that the Mumpie Website is appropriate or available for use in other locations. Those who access or use the Mumpie Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Mumpie, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(i) Your use of and access to the Mumpie Website;

(ii) Your violation of any term of these Terms of Service;

(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(iv) Any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Mumpie Website.

9. Ability to Accept Terms of Service

You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of thirteen (13), as the Mumpie Website is not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use the Mumpie Website. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mumpie without restriction.

11. General

You agree that:

(i) The Mumpie Website shall be deemed solely based in The Netherlands; and

(ii) The Mumpie Website shall be deemed a passive website that does not give rise to personal jurisdiction over Mumpie, either specific or general, in jurisdictions other than The Netherlands.

These Terms of Service shall be governed by the internal substantive laws of The Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and Mumpie that arises in whole or in part from the Mumpie Website shall be decided exclusively by a court of competent jurisdiction located in Utrecht, The Netherlands. These Terms of Service, together with the Privacy Policy at http://mumpie.com/content/privacy-policy and any other legal notices published by Mumpie on the Website, shall constitute the entire agreement between you and Mumpie concerning the Mumpie Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mumpie's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Mumpie reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Mumpie Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MUMPIE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUMPIE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Titles and Headings

Titles and headings to paragraphs in these Terms of Service are for the purpose of reference only and shall in no way limit, define, or otherwise affect the provisions of it.

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