ORIG_MKM_logo_72ppiAll editorial content and graphics on Mighty Kong Muffins website are protected by United States copyright, international treaties and other applicable copyright laws, and may not be used, copied, reproduced or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including photocopying, recording or the use of any information storage and retrieval system, except as provided for in Mighty Kong Muffins Terms of Service and Use, without permission in writing from Mighty Kong, LLC. dba Mighty Kong Muffins (“Mighty Kong Muffins”), which reserves all rights. This copyright also covers HTML or other code that Mighty Kong Muffins creates to generate website pages. Re-use of any of Mighty Kong Muffin’s editorial content and graphics for any purpose without permission is strictly prohibited. If you are seeking permission to use Mighty Kong Muffin’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact us at webmaster@mightykongmuffins.com.

Terms of Service and Use

A. Use of the Website

Your use of Mighty Kong Muffins Internet website (the “website”) or any of the products or services offered on the website (collectively, the “Services”) is subject to these Terms of Service and Use (these “Terms”). We may modify these Terms at any time without notice to you by posting revised Terms on the website. Your use in any manner of the website constitutes your binding acceptance of these Terms, including any revisions that we may make from time to time.

The Services may be subject to additional posted rules and conditions. Your use of the Services is also subject to those rules and conditions, which are fully incorporated into these Terms by reference. In the event of a conflict between these Terms and any additional posted rules and conditions, the provisions of the additional rules and conditions shall apply.

Mighty Kong Muffins has the right, but not the obligation, to take any of the following actions without prior notice to you at any time and for any reason, in its sole discretion:

  1. Restrict, suspend, or terminate your access to all or any part of the Services, and deactivate or delete your account and related information in your account;
  2. Remove or refuse to accept any material that you submit to the website for any reason;
  3. Remove or modify any part of or all of the website and the Services, and change any content that is available on the website;
  4. Establish and modify general practices and limitations regarding the terms of service and use of the website.

You agree that Mighty Kong Muffins or any third party will not be liable to you for taking any of the above actions.

You understand and agree that the Services may include communications, including without limitation service announcements and administrative messages from Mighty Kong Muffins or from our partners and that these communications are included in the Services. You further understand that you cannot opt out of receiving these messages. You also understand that our Services may include advertisements and links to third party websites and content.

B. Content on the Website

The website includes a combination of content that we or our advertisers create. All materials published on the website, including, without limitation, written content, graphic images, photographs, illustrations, trademarks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our advertisers. You do not have a license to use, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the website in whole or in part. You may request permission to use any of the content on the website, which permission is in our sole discretion, pursuant to our copyright notice.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on or from the website (“Your Content”).

The website contains content that we create as well as content provided by third parties. This content includes, among other things, information about products and services offered by parties other than Mighty Kong Muffins, such as product and service descriptions, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on the website, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of the website.

You may be exposed to content that you find offensive or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

C. Third-party Websites, Products, and Services

The website may contain links to other Internet websites owned by third parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. We have no control over websites that are not ours, and we are not liable for any changes to or content on them. Our inclusion on the website of any third-party content or a link to a third-party website is not an endorsement of that content or third-party website.

Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

D. Mighty Kong Muffins’s Fee Based Services

Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice, if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

E. Privacy Policy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please click here to see our full privacy policy.

F. Your Conduct on the Website

If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying the website and the Services is the property of Mighty Kong Muffins and our affiliates and partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the website or the Services. You agree not to modify the software underlying the website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the website.

Without limiting the foregoing, you agree that you will not use the website to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
  3. Intentionally transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the website, any software or hardware, or telecommunications equipment;
  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  8. Restrict or inhibit any other user from using and enjoying any public area within the website;
  9. Collect or store personal information about other end users;
  10. Interfere with or disrupt the website, servers, or networks;
  11. Impersonate any person or entity, including, but not limited to, a Might Kong Muffin representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the website or to manipulate your presence on the website;
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  14. Engage in any illegal activities.

You agree to use our bulletin board services, chat areas, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the website, deny you access to the website, or any combination of these options.

Unauthorized access to the website is a breach of these Terms and a violation of the law. You agree not to access the website by any means other than through the interface that is provided by Mighty Kong Muffins for use in accessing the website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the website, except those automated means that we have approved in advance and in writing.

Use of the website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the website.

G. Requests to Remove Certain Content from the Website

If you believe that content you own has been copied or made accessible in a manner that violates your intellectual property rights, contact: webmaster@mightykongmuffins.com.

H. Indemnification

You hereby agree to indemnify, defend and hold Mighty Kong Muffins and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “Mighty Kong Muffin Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Might Kong Muffin Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of the website;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. The content, the quality, or the performance of content that you submit to the website;
  4. Your connection to the website;
  5. Your violation of these Terms; or
  6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

I. Disclaimers and Limitation of Liability

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from the website. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies the website, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

MIGHTY KONG MUFFINS DOES NOT WARRANT THAT OUR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE WEBSITE. THE WEBSITE AND ITS CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR THE WEBSITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

J. Arbitration

Any dispute or claim arising out of or relating to these Terms or the website will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except for a petition for interim or preliminary relief or enforcement of an arbitration award, which may be brought before a court of competent jurisdiction in Sacramento, California. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sacramento, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Sacramento, California, necessary to protect the rights or your property or Mighty Kong Muffins (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

K. Miscellaneous Provisions

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the website or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting webmaster@mightykongmuffins.com.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Mighty Kong Muffins regarding your use of the website, and supersede any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to jurisdiction in Sacramento, California to bring any action to enforce these Terms before an arbitration panel or a court of competent jurisdiction, if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Mighty Kong Muffins Privacy Policy

By using the Website, you agree to the terms of the privacy policy. The following privacy policy (“Privacy Policy”) governs the online information collection practices of the Website www.mightykongmuffins.com (“we,” “us” “our(s)”, or the “Website”). Specifically, it outlines the types of information that we gather about you while you are using the Website and the ways in which we use and don’t use this information. This Privacy Policy does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).

Please read this Privacy Policy carefully. By visiting and using the Website, you agree that your use of the Website, and any dispute over privacy, is governed by this Privacy Policy and the Terms of Service and Use. Because the Web is an evolving medium, the Website may need to change its Privacy Policy at some point in the future, in which case changes to this Privacy Policy will be posted on the Website and will update the effective date of the policy to reflect the date of the changes. Continuing to use the Website after such changes are posted indicates that you have accepted the Privacy Policy as modified.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits customers who are California residents to request and obtain from the Website, once a year, free of charge, information about the personal information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which the Website shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

Online Privacy Coordinator
Address: webmaster@mightykongmuffins.com
 

Information Collected

We may collect and store information, personal or otherwise, that you voluntarily supply either while on the Website or in responding via email in connection with a feature provided on the Site. Some examples of this type of information include demographic information that you electronically submit when you sign up for access to certain features on the Website, information (such as your name or email address) that you electronically submit when you register to purchase product, for surveys, sweepstakes or contests on the Website, information that you post on message boards on the Website, and information contained in search requests or questions that you submit to the Website. If you decline to supply or provide us with certain information while using the Website, you may not be able to use or participate in some or all of the features offered through the Website.

How is this Information Used?

We use the information we collect from you while you are using the Website in a variety of ways, including using the information to customize features and advertising that appear on the Website. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes. For example, we may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors.

We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception. We will not use the information that we collect online from you while you are using the Website, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing.

I would ________ would not ________ like to receive promotional offers from Mighty Kong Muffins and/or from third parties.

Use of Cookies.

A “cookie” is a file transferred from the Website to the hard drive of your computer. Mighty Kong Muffins may use cookies to save your passwords so that you do not have to re-enter them each time you log-on to access your account, to personalize your account, and to display banner advertisements. If you share your computers, it is recommend that you logout after each session and close the browser.

Third Party Content.

Please also keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, through email or web logs, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third party use of such information.

The Website may include links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access or view another website through the Website, use of any information you provide is governed by the privacy policy of the operator of the website you are visiting.

We also make some content, products and services available through our Website through cooperative relationships with third party providers, where the brands of our provider partner appear on the Website in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. If you have any question about the privacy policy that applies to the online service you are using, you should click on the relevant link on the page of the service that you are using.

Be aware that we may occasionally release information about visitors to the Website when release is appropriate to comply with law, to enforce our Terms of Service and Use or to protect the rights, property or safety of users of the Website, the public, or the Website.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our Website is acquired by another company, information about our visitors may be among the transferred assets.