Welcome to TheMittani.com. Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, TheMittani.com.
The Mittani.com, Inc. (“TMC,” “we,” “us,” and “our”) thanks you for your interest in accessing and using this web site (the “TMC Site”), including, without limitation, the forums, chat rooms, accounts, apps, APIs, materials, information and/or products and services available here (collectively, the “TMC Items”), as well as the game materials and services made available or offered through the TMC Site (the “TMC Member Services,” the TMC Site, the TMC Items and the TMC Member Services, collectively, the “TMC Materials”). By continuing to use the TMC Materials or by submitting content for publication on the TMC Site, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: http://themittani.com/legal/.
1. We May Discontinue or Suspend Some or All of the TMC Materials or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TMC Materials (or any part thereof) with or without notice. You agree that TMC shall not be liable to you or any to third party for any such modification, suspension or discontinuance of any or all of the TMC Materials. In addition, we reserve the right to terminate your access to the TMC Materials for any reason, and to take any other actions that TMC, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
2. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us or Use TMC Materials:
(a) The TMC Materials (including all text, photographs, graphics, video and audio content contained on our site) are protected under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and TMC (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the TMC Materials.
(b) By posting or submitting content on or to the TMC Site or through the TMC Materials (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you 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 us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us 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; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to TMC we may authorize such content to be distributed or syndicated to or published on other TheMittani.com-branded environments.
3. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us here.
4. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
(b) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5. We are an Internet Service Provider, i.e., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of TMC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, TMC is not undertaking any obligation or liability relating to the content. TMC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. TMC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TMC reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless TMC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. Your Use of TMC Materials is Subject to Certain Disclaimers: THE TMC MATERIALS ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT ANY TMC MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE FROM TMC. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. We are Not Responsible for Linked Sites or Services: We are not responsible for the availability or content of other services that may be linked to the TMC Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. Our Liability to You is Limited: TMC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
11. Any Dispute Between Us Will be Governed by California Law: These Terms and Conditions shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE TMC MATERIALS, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction of interpretation hereof.
RULES OF CONDUCT
While using any TMC Materials, you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the TMC Materials is conditioned on your complete and continued compliance with the following Rules of Conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.
While using the TMC Materials, you agree not to:
- Violate any game-specific rules of conduct imposed by any third-party game provider related to the TMC Materials and/or on the game forums (if any) offered by that third-party game provider.
- Post, link to, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.
- Impersonate or misrepresent your affiliation with TMC, our affiliates, our service providers, our licensors and/or any other person, company and/or group.
- Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company.
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through any communication features of the TMC Materials;
- Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
- Do anything that might interfere with or adversely affect the operations of any TMC Materials or TMC, our affiliates, our service providers and/or our licensors.
- Attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.
- Modify any part of any TMC Materials.
- Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using any TMC Materials.
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which any TMC Materials are operated.
- Exploit any bug in any TMC Materials and to refrain from communicating the existence of any such exploitable bug directly, indirectly and/or through public posting, to any other user of such TMC Materials. Additionally, you agree to promptly report any such bugs to TMC.
- Post, link to, or transmit any kind of unsolicited advertising , promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
- Disclose your or any other person's personal information.
- Interfere with, degrade, harm or disrupt the operation of any TMC Materials, or the servers or networks used to make such TMC Materials available, or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using any TMC Materials (including, without limitation, by hacking, cracking or defacing any portion of such TMC Materials).
- Use any TMC Materials in connection with any commercial activity, including without limitation any “e-sports” or group competition, without TMC’s prior, express, written consent.
The TMC Materials include many ways for you to communicate with your friends, which may include online forums, instant messaging text, voice-chat, email and messenger-type functionality. All communications that you post or send through any TMC Materials(“Communications”) must comply with our Rules of Conduct. If you believe another user has violated the Rules of Conduct, please contact TMC [you need an inbox for this].
Communications through the TMC Materials will pass through and [may?] be stored on our servers. You should therefore consider all Communications to be public with no expectation of privacy or confidentiality. TMC reserves the right, but undertakes no obligation, to monitor, filter, modify, block and/or remove content that does not comply with these Terms and Conditions. Please keep in mind, however, that TMC cannot control or monitor every Communication between and/or among our users. You therefore may be exposed to messages or other content created or conveyed by other users that you find objectionable. You are also responsible for anything you say, print, or otherwise communicate to others through any TMC Materials. TMC, as an internet service provider, is not responsible for the content (including, without limitation, the accuracy, integrity and/or quality) of your Communications and is not liable for any harm that you or others may cause by communicating through any TMC Materials.
We may ask end users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, “User Feedback”) to help improve the TMC Materials. We may also ask for User Feedback during the “beta” phase of any TMC Materials to identify and fix bugs and other problems. You also may voluntarily provide User Feedback to us through forums, email, and/or other means. By providing User Feedback to TMC, whether or not solicited by TMC, you hereby grant TMC a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of TMC) any and all User Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by TMC of the User Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
California Complaint Assistance. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. If you have a question or complaint regarding any TMC Materials, please feel free to contact us by phone at (858) 866-0653 or by writing to us at The Mittani.com, Inc., Attention: Tony Caputo, 2204 Garnet Ave, No. 301, San Diego, CA 92109. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Termination. Your only remedy with respect to any dissatisfaction with any TMC Materials is to leave the TMC Site and terminate your TMC Account. All licenses that you grant under the Terms and Conditions survive the expiration or earlier termination of any TMC Account or these Terms and Conditions.
Sweepstakes and Contests. TMC may provide users the opportunity to participate in various sweepstakes and contests. To participate, you must meet the eligibility requirements and comply with all of the posted rules for that event. You may be required to provide a tax identification number and to sign an affidavit and release to collect a prize. TMC may report the value of the prize to federal and state taxing authorities and you will be responsible for paying any taxes due to such authorities.
Export Controls. TMC operates from its offices in California and Wisconsin, in the United States of America. While most of the TMC Materials may be accessed online, TMC makes no representation that they will be available or appropriate for use outside of the United States.
Distribution Partners. Some TMC Materials may also be accessed through third-party providers, like Mumble and Jabber. These third parties may require you to create an account with them and agree to their terms of service. You will still be responsible for complying with these Terms and Conditions to the extent that you use any TMC Materials.
Like many other web sites, the TMC Site makes use of log files. These files merely log visitors to the site - usually a standard procedure for hosting companies and a part of hosting service's analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
DoubleClick DART Cookie
Google's use of the DART cookie enables it to serve ads to our site's visitors based upon their visit to www.themittani.com and other sites on the Internet.
Our Advertising Partners
- Commission Junction
TMC has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity. www.themittani.com does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that www.themittani.com has in its database the personally-identifiable information of a child under the age of 13, please contact us immediately (using the contact in the first paragraph) and we will use our best efforts to promptly remove such information from our records.