Acceptance of Terms
Limited License
By accessing mrmug.co.uk (the Website) or downloading any of the materials contained in the Website, you acknowledge that you have read, understood and accepted the following terms. In case you do not understand or agree to any of the terms, you should immediately exit the Website. The Mr Mug company. (MRM) reserves the right to update the Terms of Use (TOU) at any time without notice to you. With regard to any behaviour or violation of the provisions of the TOU, MRM shall have the right to seek all legal and equitable remedies available.
All of the contents on the Website are copyrighted by MRM. Without prior written consent of MRM any content on the Website shall not be reproduced, distributed, photocopied, played, linked or transmitted with super-links, loaded into other servers in "mirroring method", stored in information retrieval system, or otherwise used for any commercial purpose by any person by any means.
Trademarks
Accuracy of Information
All trademarks and logos displayed, mentioned or otherwise used in the Website are property of and owned by MRM unless otherwise stated. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of MRM.
This Website and its contents are provided for your convenience only. MRM attempts to provide complete, accurate and current information on this Website. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. MRM makes no representation as to the completeness or accuracy of any information on this Website. MRM may change the contents available on this Website or the products mentioned at any time without notice.
Disclaimer
Limitation of Liability
THIS WEBSITE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT MRM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. MRM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MRM MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. MRM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR FROM MRM, ITS PARENT, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE MRM PARTIES" OR SOMETIMES INDIVIDUALLY THE MRM PARTY) SHALL CREATE ANY WARRANTY. MRM DISCLAIMS ALL EQUITABLE INDEMNITIES.
NEITHER MRM OR ANY OF THE MRM PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, AND/OR LOSS OF BUSINESS, ARISING OUT OF IN CONNECTION WITH THIS WEBSITE OR RELIANCE ON THE CONTENTS CONTAINED HEREIN, EVEN IF MRM OR THE MRM PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
Exclusions and Limitations
Product Availability
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any MRM Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the MRM Party’s liability shall be the minimum permitted under such applicable law.
The availability of the products and services described on this Website, and the descriptions of such products and services, may vary in your country or area. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time.
Links to Third Parties
Access to Password Protected/Secure Areas
Although links to third party websites or resources (Third Party Sites) may be contained in this Website for your convenience, MRM does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products or other materials on or available from such Third Party Sites. MRM does not assume any responsibility or liability for the actions, product and content of the Third Party Sites. You should carefully review their privacy statements and their terms of use. In addition, a link to Third Party Sites does not imply that MRM endorses the site or the products or services referenced therein.
Only authorized users can have access to and make use of password protected and/or secure areas of this Website. Unauthorized users attempting to access such areas may be subject to prosecution.
Termination
Applicable Law and Jurisdiction
MRM may terminate, suspend, or modify your account with, or access to, all or part of the Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Website at any time. If you breach any of the TOU, your authorization to use of the Website automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof).
This TOU and the relationship between you and MRM shall be governed by, construed and interpreted in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law therewith. Any dispute or difference arising out of or concerning the TOU or this Website which cannot be settled amicably shall be submitted to the American Arbitration Association (AAA) in accordance with its then-current arbitral rules for arbitration by three (3) arbitrators appointed in accordance with the said rules. The venue of arbitration shall be Plano, Texas. All documentary submissions, presentations, and proceedings shall be in the English language. The awards of the arbitration shall be final and binding upon the parties.
General
International and Export Issues
The TOU, together with any additional terms to which you agree when using particular elements of the Website, constitute the entire and exclusive and final statement of the agreement between you and MRM with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and MRM with respect to such subject matter. The MRM Parties are third party beneficiaries with respect to the provisions in these TOU that reference them. The failure of MRM to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of MRM and you as reflected in the provision, and that the other provisions of the TOU remain in full force and effect. The section titles in the TOU are for convenience only and have no legal or contractual effect. The TOU shall remain in full force and effect notwithstanding any termination of your use of the Website. The TOU will be interpreted without application of any strict construction in favour of or against you or MRM. The TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MRM without restriction.
MRM administers this Website through a MRM Party from its offices in Barrow-in-Furness, Cumbria. MRM makes no representation that the Website is appropriate or available for use outside the United Kingdom and access to the Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Website from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export restrictions and regulations in connection with your use of the Website and to not, in violation of any laws, transfer, or authorize the transfer, of any materials to a prohibited country or otherwise in violation of any laws.
Indemnification
Electronic Communications
You agree to indemnify, defend, and hold harmless the MRM and the MRM Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that MRM or such MRM Parties may incur as a result of or arising from your (or anyone using your account's) violation of these TOU. MRM reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MRM's defence of such claim.
When you visit the Website or send e-mails to MRM, you are communicating with MRM electronically. We may respond to you by e-mail or by posting notices on the Website. You agree that all such notices, disclosures, and other communications that MRM provides to you electronically satisfy any legal requirement that such communications be in writing.
User Submissions
Certain areas of the Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to MRM an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that MRM deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). MRM reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. MRM may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. MRM is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. MRM is not responsible for any loss, theft, or damage of any kind to any User Submissions. MRM does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that MRM will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. MRM does not guarantee that you will have any recourse through MRM or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
a) you are at least 13 years old;
b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to MRM the rights in your User Submissions described herein;
c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to MRM described herein;
e) your User Submissions do not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
i) your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
