Terms of service
Early AccessWHERE THE PLATFORM IS MADE AVAILABLE TO YOU AS PART OF AN ALPHA, BETA OR OTHER EARLY ACCESS PROGRAMME YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:THE PLATFORM IS MADE AVAILABLE “AS IS” AS WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS;THE PLATFORM MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;THE PLATFORM MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;YOU USE, DOWNLOAD AND INSTALL THE PLATFORM AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PLATFORM.YOU MAY HAVE ACCESS TO AND BE ENTRUSTED WITH CONFIDENTIAL INFORMATION AND TRADE SECRETS RELATING TO THE PLATFORM BEFORE IT IS MADE PUBLIC, AND ABOUT OUR BUSINESS AND PLANS. YOU WILL NOT DIVULGE OR COMMUNICATE TO ANY PERSON, CAUSE OR FACILITATE ANY DISCLOSURE OF, OR MAKE ANY USE OF, SUCH CONFIDENTIAL INFORMATION WITHOUT OUR PRIOR WRITTEN PERMISSION. THIS OBLIGATION SHALL SURVIVE TERMINATION OF THE TERMS BUT SHALL NOT APPLY IN RESPECT OF ANY INFORMATION WHICH HAS BECOME AVAILABLE TO THE PUBLIC GENERALLY OTHER THAN THROUGH UNAUTHORISED DISCLOSURE.WHERE THE SERVICE OR PROGRAMME IS MADE AVAILABLE AS PART OF AN EARLY ACCESS PROGRAMME THIS DOES NOT GUARANTEE THAT IT WILL BE MADE AVAILABLE MORE GENERALLY OR RELEASED IN FINAL FORM OR THAT YOU WILL BE ABLE TO CONTINUE OUR PROGRESS IN ANY FULL RELEASE. WE MAY WITHDRAW THE SERVICE OR PROGRAMME AT ANY TIME.
1. Licence1.1. Grant of a Limited License to Use the Service Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Mutate policies, Mutate grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Mutate, or previously been banned from the Platform.
- You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
- Engage in any act that Mutate deems to be in conflict with the spirit or intent of the Service or make improper use of Mutate’s support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks or any unauthorized third-party software designed to modify or interfere with the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Mutate, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Mutate employees, including Mutate’s customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Mutate employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Mutate.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
2. Ownership2.1. Service The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Intellectual Property” or “IP”) are protected by law. All IP contained in the Service is our property or our users’ or third-party licensors’ property. The IP includes User Generated Content (“UGC”) that has been licensed to us by our users under Section 3.2.3 below. Except as expressly authorized by us in these Terms, you may not make use of any IP contained in the Service unless you get separate permission from the owner. We reserve all rights to the IP not granted expressly in these Terms.2.2. Accounts NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MUTATE.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
- A description of the trademark right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and