Terms and Condition
Welcome to Mushroom Entertainment Inc.’s User Agreement. This Agreement describes the terms and conditions applicable to you and all others (collectively referred to herein as “Users”) for the use of our Site and services as provided herein by Mushroom Entertainment, Inc. (herein referred to as “Mushroom Entertainment”). Please read this User Agreement carefully, because by using the site, Users automatically agree to be bound by these Terms. As a User, if you do not agree to be bound by this User Agreement, you must exit the site immediately. Your continued use constitutes your agreement to be bound by the terms of the User Agreement. If you have any questions regarding the use of this site or the terms of the User Agreement, please contact us at info(at)mushroomentertainment.com
Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. This Agreement may not be otherwise amended. You will be informed of the date of any amendments to this Agreement.
Mushroom Entertainment is intended for people 16 or over. Mushroom Entertainment will not knowingly collect any information from children under 13 or any other minors whatsoever. You must identify your age during the registration process. Mushroom Entertainment takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We are also strong supporters and maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this site. If we determine, however, that you have been falsely using this site in contradiction to the terms of this User Agreement, we will terminate your membership and all information associated therewith immediately unless you can verify that you have obtained parental consent to use this site.
If you do not qualify for particular services, you may not use them. We do not assume any responsibility for any misrepresentations regarding your age or parental permission to use this site and we will not honor any agreements made by any misrepresentations, fraud or falsities. Further, our services are not available to temporarily or indefinitely suspended Mushroom Entertainment members.
Member Code of Conduct:
The Mushroom Entertainment staff can, whenever they feel like it, for any reason or no reason at all, edit or delete any content displayed on, uploaded to, distributed or otherwise published through the site. Users are entirely responsible and liable for all of their activities on the site. Listed below are some, but not all, violations that may result in termination of a user's access to the site. By using this site, users agree not to do any of the following:
- Upload, post, email or otherwise transmit any content that is illegal.
- Invade another User’s privacy. This includes revealing another User's password, phone number, address or any other personally identifiable information. Mushroom Entertainment discourages users from revealing their personal information to anyone they don’t know.
- Create member names, or post or send messages that denigrate, threaten, abuse or harm others on the basis of race, culture, religion or sexual orientation.
- Harass, stalk or send unwanted messages.
- Transmit or solicit extremely sexually explicit messages, text or photographs.
- Impersonate another user or a member of the Mushroom Entertainment staff.
- Post or send messages that tell other members how to potentially harm themselves or others.
- Post off topic messages.
- Transmit unsolicited messages that advertise or link to businesses, sites, programs or other unauthorized commercial ventures. This includes junk mail, spam, bulk mailings, unauthorized promotional materials and pyramid schemes.
- Forge headers or otherwise change identifiers in order to disguise the origin of any content transmitted through Mushroom Entertainment’s service.
- Upload, post, email or otherwise transmit any content that they do not have a right to transmit under any law or contractual relationship. This includes proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements, and any other inside information.
- Transmit anything that violates any patent, trademark, copyright or other proprietary rights of another party.
- Upload, post, email, fax or otherwise transmit material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment.
- Interfere with the site’s servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to Mushroom Entertainment Intentionally or unintentionally violate any applicable local, state, national or international law.
Users who engage in any of the conduct listed above may be subject to suspension or termination from eligibility to use this site or civil and/or criminal prosecution. Mushroom Entertainment considers any interference with its site a very serious matter and will prosecute any such individuals to the fullest extent allowable by law.
All Users agree to fill out a registration form. In filling it out, Users agree to provide accurate and current information about themselves. Any intentional inaccuracies in the provision of any information may make any agreements null and void. You are solely responsible for guaranteeing the accuracy of the same and you hereby understand, represent and agree that you will do the same. Should you decide to terminate this Agreement and maintain any physical goods within our possession, we will return the same within a reasonable time from your prompt written request upon receipt of payment for all shipping. In that regard, should you maintain a balance in your account, then we will simply deduct the costs from the same and provide you with prompt notice.
Information Provided by Users: Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. Mushroom Entertainment is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Site (including, without limitation, posting on bulletin boards or chat—collectively referred to herein as “Public Areas”). Users hereby grant Mushroom Entertainment an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in any Public Areas should Users be provide such a forum.
YOU DO HEREBY WARRANT AND REPRESENT THAT YOU ARE THE LEGAL COPYRIGHT OWNER OF ANY MATERIAL YOU POST TO THIS SITE. SHOULD YOU FAIL TO ABIDE BY THESE REPRESENTATIONS, MUSHROOM ENTERTAINMENT DOES HEREBY MAINTAIN THE RIGHT TO TERMINATE YOUR MEMBERSHIP IMMEDIATELY WITHOUT RETURN OF ANY COPYRIGHTED MATERIALS OR ANY MONIES INCURRED IN CONNECTION THEREWITH.
As set forth herein, any submissions to Public Areas will be public, and Mushroom Entertainment will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Your Access to the Site:Only registered Users are authorized to use certain sections of the site. You will be alerted as to those areas the access to which requires registration. Access to and use of those areas is restricted to authorized Users only. Unauthorized individuals attempting to access these areas may be subject to prosecution. Users are required to register in order to obtain access to CERTAIN PORTIONS of the site.
Password and Security:
When Users register with Mushroom Entertainment, each gets to choose a password. Users need a password not only to sign on to the site, but also to access e-mail, calendar, homepage and other applications, and to change preferences (delete, edit or add submitted information, opt in or out of promotions and newsletters, etc.). Each User is responsible for keeping his or her password secret. If someone who says they are Mushroom Entertainment staff asks for any personal account information, including password, check their URL. If it doesn’t say they are (name)(at)MushroomEntertainment.com, they’re not. If someone gains unauthorized access to an account, change your password and notify Mushroom Entertainment immediately. Mushroom Entertainment is not liable for any loss or damage resulting from your failure to comply with these recommendations.
Users may make a single copy of pages from the Site or of any other content or graphics that Mushroom Entertainment has expressly stated you may copy on their hard drive or in print for their own personal, non-commercial use. No other use of this information is authorized. Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original. In addition, you do hereby grant an unlimited worldwide license to Mushroom Entertainment to use, in any way, all property transmitted to this Site for all promotional purposes in any media whatsoever including, but not limited to, submission to any award ceremonies, reviews, promotional opportunities, public relation events, radio play and any other medium of public display and performance.
Users agree to abide by the Mushroom Entertainment Member Conduct Code, which is incorporated in this User Agreement by reference, at all times. Any conduct by Users that violates the Mushroom Entertainment Member Conduct Code in any way may result in the suspension or termination of their access to the Site, at Mushroom Entertainment’s sole discretion, in addition to any other remedies set forth herein or otherwise applicable in law or equity.
Pursuant to the User Code of Conduct, you do hereby represent, warrant and agree to pay all taxes on any income earned from the use of this Site. Mushroom Entertainment is not responsible in any fashion for ensuring your payment of all taxes incurred from any revenues gained from the use of this Site.
All areas of the Site are public and not private communications. Mushroom Entertainment does not endorse chat, postings, conferences and other communications by Users, and such communications shall not be considered, reviewed, screened or approved by Mushroom Entertainment. Anytime -- with the exception of private e-mail -- Users upload to, distribute content or publish through Mushroom Entertainment, they grant Mushroom Entertainment the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy, and whether alone or as part of a collective work. Users shall retain, however, whatever other rights they have in pre-owned elements of such content.
Users acknowledge that any information they post in publicly accessible areas such as Mushroom Entertainment home pages, message boards, Chats, event boards, event calendar, can be seen and used by anybody. It is the Users' responsibility to protect themselves while on Mushroom Entertainment., as Mushroom Entertainment is not liable for anything that occurs as a result of voluntary communication of personal information.
"Your Information" is defined as any information you provide to us or other users in the registration, process, in any public message area (including, but not limited to, our chat room), through any e-mail feature or through traditional mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your
Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.
Solely to enable Mushroom Entertainment to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Moderation and Termination:
Deposits and Your Account:
To participate in the use of our Site, you will be required to pay funds into your account by any of the methods permitted by the site from time to time. Such funds will be deposited into your account upon actual receipt of funds by the Mushroom Entertainment and/or its agents. Minimum and maximum limits may be applied to the payments into your account, depending upon your history with the Site, the method of deposit, and other factors are determined solely by the Mushroom Entertainment. Mushroom Entertainment is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit in your account. All payments into your account must be from a payment source on which you are the named account holder. Maintenance and Administrative costs may be assessed upon your account in the event that you violate any of the terms and conditions of our User Agreement in an amount no greater than any costs which may be directly attributed to your actions.
Third Party Payment Processors
Mushroom Entertainment uses third-party electronic payment processors and financial institutions (“Payment Processors” ie. “PayPal”) to process deposits and withdrawals into and from your Account. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Mushroom Entertainment may give such instructions on your behalf in accordance with your requests as submitted through our site, or via instructions to Customer Care. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these Terms of Service (including the Account Policy) and the Payment Processors' terms and conditions, then these Terms of Service shall prevail. You agree that Mushroom Entertainment is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of this site, except as a result of the gross negligence of the Mushroom Entertainment or its employees.
All references to dollars or “$” on the site are references to US dollars (USD). All transactions (including purchases, entry fees, deposits and withdrawals) will be denominated in US dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than US dollars, please be aware that the funds will be converted into US dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of Mushroom Entertainment and we recommend that you contact your financial institution directly for more information.
The Site may contain hyperlinks to web sites operated by parties other than Mushroom Entertainment Such hyperlinks are provided for reference and convenience only. Mushroom Entertainment does not control such web sites, and is not responsible for their content. Just because Mushroom Entertainment has hyperlinks to such web sites does not mean Mushroom Entertainment endorses any of the material on such web sites, or has any association with their operators.
Intellectual Property Rights:
All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, "Proprietary Material") that Users see or read on the Site is owned by Mushroom Entertainment or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Mushroom Entertainment owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure or re-transmit anything from the Mushroom Entertainment Site without Mushroom Entertainment’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users to termination from the use of this site or civil or criminal penalties.
In addition, the Site contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Mushroom Entertainment and/or the relevant right holder.
Notice of Trademark Rights
Copyright Complaints and Copyright Agent
Mushroom Entertainment respects the intellectual property of others, and asks Users to do the same. Mushroom Entertainment is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide Mushroom Entertainment's Copyright Agent with the following information:
- 1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
- 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material that you claim is infringing is located. Include enough information to allow Mushroom Entertainment to locate the material and explain why you believe an infringement has taken place;
- 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- 4. Your address, telephone number and email address;
- 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mushroom Entertainment's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By email: info(at)mushroomentertainment.com
Mushroom Entertainment will terminate access to the Site of those who engage in repeated acts of infringement.
You and Mushroom Entertainment are not legally affiliated in any way by virtue of your membership or usage of Mushroom Entertainment’s site or intellectual property other then the terms and conditions stated in this User Agreement and no independent contractor, agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimer of Warranties:
USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER MUSHROOM ENTERTAINMENT NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MUSHROOM ENTERTAINMENT NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. MUSHROOM ENTERTAINMENT AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. MUSHROOM ENTERTAINMENT AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. MUSHROOM ENTERTAINMENT CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD MUSHROOM ENTERTAINMENT ANY AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. MUSHROOM ENTERTAINMENT AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE
LIMITATION OF LIABILITY:
IN NO EVENT WILL MUSHROOM ENTERTAINMENT, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS' SOLE REMEDY FOR DISSATISFACTION WITH MUSHROOM ENTERTAINMENT IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT MUSHROOM ENTERTAINMENT'S AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, shareholders, customers, suppliers, service providers, agents, and employees harmless from and against any claim or demand, including reasonable attorney’s fees, which may be due to any third party arising out of your breach of this Agreement, your breach of any applicable terms and conditions or policies of any Third Party Marketplace Site, or your violation of any law or the rights of any third party.
Because we are not involved in the actual contact between any users and do not expressly herein endorse the same, in the event that you have a dispute with one or more users, you release Mushroom Entertainment (and our officers, directors, agents, investors, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not control the information provided by other users which may be made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice reasonable care when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. We cannot be held responsible for these risks. By using this web site and continuing its use, you release Mushroom Entertainment from any and all claims or controversies or damages of any kind that may arise as a result of the usage of this site as so set forth in the paragraph above.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 a Court of competent jurisdiction located in the State of New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Mushroom Entertainment may seek any interim or preliminary relief from a court of competent jurisdiction in the State of New York necessary to protect the rights or property of you or Mushroom Entertainment pending the completion of arbitration.
We sincerely hope you enjoy working with us….