Muertos Coffee Co’s service (the “Muertos Coffee Co Service”) is located at www.muertoscoffeeco.com and is operated by its subsidiaries (collectively, “Muertos Coffee Co”). The Muertos Coffee Co Service provides customers with roasted coffee beans and retail items.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Muertos Coffee Co of any unauthorized use of your password or account or any other breach of security.
Please remember that Muertos Coffee Co has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Muertos Coffee Co also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Muertos Coffee Co does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Muertos Coffee Co Service. Muertos Coffee Co enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Muertos Coffee Co Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Muertos Coffee Co Service only with the approval of your parent or guardian.
Applicable Laws: In connection with your use of the Muertos Coffee Co Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Muertos Coffee Co in connection with your use of the Muertos Coffee Co Service. Muertos Coffee Co may establish general practices and limits concerning use of the Muertos Coffee Co Service. Muertos Coffee Co reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Your Right to Conduct a Campaign: By creating a campaign through the Muertos Coffee Co Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign (“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide Muertos Coffee Co with evidence of your Campaign Rights upon request.
Muertos Coffee Co does not claim any ownership rights in the content you upload to the Muertos Coffee Co Service. Please be sure you maintain copies of all of your work. Muertos Coffee Co has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Muertos Coffee Co Service.
Muertos Coffee Co retains all ownership rights in any designs created by Muertos Coffee Co and may not be used by you, other than in connection with your campaigns on the Muertos Coffee Co Service, without Muertos Coffee Co’s express written consent.
For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Muertos Coffee Co Service in any medium Muertos Coffee Co chooses, you hereby grant Muertos Coffee Co a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the Muertos Coffee Co Service (including all related images, text, content and information).
Acceptable Use; Indemnity: Your use of the Muertos Coffee Co Service, including the creation and implementation of product campaigns, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Muertos Coffee Co has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Muertos Coffee Co’s internal policies (for example, Muertos Coffee Co may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Muertos Coffee Co may apply such funds to any judgment or settlement, and/or the reimbursement of Muertos Coffee Co’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Muertos Coffee Co in such activities. Without limiting the foregoing, you also agree to indemnify and hold Muertos Coffee Co harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though Muertos Coffee Co receives notice of the dispute, Muertos Coffee Co is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Muertos Coffee Co may withhold payouts until the dispute is resolved, in Muertos Coffee Co’s sole discretion.
Charities/Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.
Intellectual Property Complaints: Muertos Coffee Co takes any allegations of infringement seriously. If Muertos Coffee Co receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Muertos Coffee Co may terminate or delay your campaign, in its sole discretion. In addition, you understand that Muertos Coffee Co may release your contact information to any third party that satisfactorily alleges a violation of its rights.
Muertos Coffee Co will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Muertos Coffee Co user has infringed upon your rights, please notify Muertos Coffee Co. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information.
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
The URL to the Muertos Coffee Co campaign(s) used in connection with the sale of the allegedly infringing merchandise;
Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
Your full name, address, telephone number(s) and email address(es);
A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and a statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy: Muertos Coffee Co has adopted a policy of terminating, in appropriate circumstances and at Muertos Coffee Co’s sole discretion, users who are deemed to be repeat infringers. Muertos Coffee Co may also at its sole discretion limit access to the Muertos Coffee Co Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Payment: If you purchase any merchandise through the Muertos Coffee Co Service, you will be required to provide Muertos Coffee Co information regarding your credit card or other payment instrument. You represent and warrant to Muertos Coffee Co that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.
Service Content, Software and Trademarks: You are only authorized to use the Muertos Coffee Co Service for the purpose of engaging in business transactions with Muertos Coffee Co. You may not use any automated technology to scrape, mine or gather any information from the Muertos Coffee Co Service or otherwise access the pages of the Muertos Coffee Co Service for any unauthorized purpose. If you are blocked by Muertos Coffee Co from accessing the Muertos Coffee Co Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Muertos Coffee Co Service or distributed in connection therewith are the property of Muertos Coffee Co, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Muertos Coffee Co Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Muertos Coffee Co, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Muertos Coffee Co Service or the Service Content, in whole or in part. Any use of the Muertos Coffee Co Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Muertos Coffee Co.
The Muertos Coffee Co name and logos are trademarks and service marks of Muertos Coffee Co (collectively the “Muertos Coffee Co Trademarks”). Other company, product and service names and logos used and displayed via the Muertos Coffee Co Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Muertos Coffee Co. Nothing in these Terms of Service or the Muertos Coffee Co Service should be construed as granting any license or right to use any of Muertos Coffee Co Trademarks displayed on the Muertos Coffee Co Service, without our prior written permission in each instance. All goodwill generated from the use of Muertos Coffee Co Trademarks will inure to Muertos Coffee Co’s exclusive benefit.
Third Party Material: Under no circumstances will Muertos Coffee Co be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
Muertos Coffee Co may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Muertos Coffee Co, its users or the public.
Third Party Websites: The Muertos Coffee Co Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Muertos Coffee Co has no control over such sites and resources and Muertos Coffee Co is not responsible for and does not endorse such sites and resources. Muertos Coffee Co will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Muertos Coffee Co Service are between you and the third party, and you agree that Muertos Coffee Co is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties: YOUR USE OF THE Muertos Coffee Co SERVICE IS AT YOUR SOLE RISK. THE Muertos Coffee Co SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, Muertos Coffee Co EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: Muertos Coffee Co WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Muertos Coffee Co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Muertos Coffee Co’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Muertos Coffee Co OR Muertos Coffee Co HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Termination: Muertos Coffee Co, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Muertos Coffee Co Service and remove and discard any content within the Muertos Coffee Co Service, for any reason. Further, you agree that Muertos Coffee Co will not be liable to you or any third party for any termination of your access to the Muertos Coffee Co Service.
Relationship: Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Muertos Coffee Co in any way and will not attempt to do so or imply that you have the right to do so.
Governing Law: For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Muertos Coffee Co agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Muertos Coffee Co agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and Muertos Coffee Co and govern your use of the Muertos Coffee Co Service, superseding any prior agreements between you and Muertos Coffee Co with respect to the Muertos Coffee Co Service. The failure of Muertos Coffee Co to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of Muertos Coffee Co, but Muertos Coffee Co may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Muertos Coffee Co may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Muertos Coffee Co Service.
Notice for Users in California: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please contact us with any questions regarding these Terms of Service or the Muertos Coffee Co Service.
Updated on May 23, 2019