© 2020 Mauve Media Productions

 MMP SITE TERMS & CONDITIONS

Agreement between User and

www.mauvemediaproductions.com

 

Welcome to www.mauvemediaproductions.com. The www.mauvemediaproductions.com website (the “Site”) is comprised of various web pages operated by Mauve Media Productions (“MMP”). www.mauvemediaproductions.com is offered to you (the "User") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.mauvemediaproductions.com constitutes your agreement to all such Terms. Please read terms carefully, and keep a copy of them for your reference.

 

www.mauvemediaproductions.com is an E-Commerce site.

 

www.mauvemediaproductions.com is the sole intellectual property of MMP, a W Todd Reynolds (the “Owner”) company, for the exclusive use and solicitation of MMP’s services. Services solicited and published on the Site (and when applicable, the fees associated with those services) are indicated on the Site’s “Services” web page and may be omitted or modified at the discretion of the Owner.

 

Privacy Policy

 

Your use of www.mauvemediaproductions.com is subject to MMP’s Privacy Policy, which also governs the Site and informs Users of MMP's data collection policies. User information, if required, is retained at the sole discretion of MMP only for direct communication between MMP and the User exclusively for the purposes of facilitating and enhancing MMP's Services and business, and may only use it for such purposes. 

 

Electronics Communications

 

Visiting www.mauvemediaproductions.com or sending emails to MMP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that MMP provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

 

MMP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mauvemediaproductions.com only with the permission of a parent or guardian.

Pricing/Cancellation/Refund Policy

 

All Fixed Rates for Services offered are listed on the Site’s “Services” web page. Fees may change at the discretion of the Owner, however any changes in fees will not apply to work-in-progress that has been paid in part or full or has been secured with a deposit for work to commence. Prior to work beginning any Services all Clients will receive an itemized Project Invoice with Payment Terms and Conditions. Deposits are required for most services and are non-refundable. Any cancellations made after the Service has begun will not qualify for a refund. MMP reserves the right to require Clients to provide payment and compensation for Services rendered through the following 3rd-Parties billing and processing services: Apple Pay, Google Pay, PayPal, SquareUp and Wix Payments (collectively, "Third Party Billing and Processing Services"). All payments and compensations made through Third Party Billing and Processing Services are subject to the proprietary privacy and data collection policies of Third Party Billing and Processing Services. Such Third Party Billing and Processing Services may receive or otherwise have access to MMP's Users’ Personal Information and/or Users-of-Users’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing MMP's Services and business, and may only use it for such purposes. 

 

Links to Third Party Sites/Third Party Services

 

www.mauvemediaproductions.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MMP and MMP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MMP is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators.

 

Certain services made available via www.mauvemediaproductions.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mauvemediaproductions.com domain, the User hereby acknowledge and consent that MMP may share such information and data with any third party with whom MMP has a contractual relationship to provide the requested product, service or functionality on behalf of www.mauvemediaproductions.com Users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

 

The User is granted a non-exclusive, non-transferable, revocable license to access and use www.mauvemediaproductions.com strictly in accordance with these terms of use. As a condition of the User's use of the Site, the User warrants to MMP that the User will not use the Site for any purpose that is unlawful or prohibited by these Terms. The User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MMP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MMP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MMP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. MMP does not grant the User any licenses, express or implied, to the intellectual property of MMP or our licensors except as expressly authorized in these Terms.

 

International Users

 

The Service is controlled, operated and administered by MMP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MMP content accessed through www.mauvemediaproductions.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  

 

Indemnification

 

You agree to indemnify, defend and hold harmless MMP, its officers, directors, employees, agents and third parties, for losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MMP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MMP in asserting any available defenses.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning the Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further unless you and MMP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAUVE MEDIA PRODUCTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

MAUVE MEDIA PRODUCTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAUVE MEDIA PRODUCTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE, TITLE AD NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAUVE MEDIA PRODUCTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAUVE MEDIA PRODUCTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

 

MMP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of the courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MMP as a result of this agreement or use of the Site. MMP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MMP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MMP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and MMP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and MMP with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

 

Changes to Terms

 

MMP reserves the rights, in its sole discretion, to change the Terms under which www.mauvemediaproductions.com is offered. The most current version of the Terms will supersede all previous versions. MMP encourages you to periodically review the Terms to stay informed of our updates.

 

Effective as of January 01, 2019