Terms of service

Mulberry Street Capital Terms of Service

Thanks for your interest in Mulberry Street Capital Inc. (“Mulberry Street Capital” or “we” or “us”) and our website Mulberry Street Capital, as well as our related websites (collectively, our “Site”). These terms and conditions, together with Mulberry Street Capital’s Privacy Policy (together, these “Terms”), govern your access to and use of the Site, so please read everything carefully.

BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms. If you do not agree with any of the terms in these Terms, you are prohibited from using or accessing the Site.

  • Intellectual Property Ownership

All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Materials”) are owned by Mulberry Street Capital and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Mulberry Street Capital and you, all right, title and interest in and to the Materials will at all times remain with Mulberry Street Capital and/or its Owners. The word “Mulberry Street Capital”, and the “Mulberry Street Capital” logos, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Mulberry Street Capital. Mulberry Street Capital reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Mulberry Street Capital’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Mulberry Street Capital may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice

  • Restrictions on Use

You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or posting of Materials on other websites is strictly prohibited. The use or misuse of the Site of any Materials, except as provided in these Terms is strictly prohibited. You shall not, without Mulberry Street Capital’s express written consent:

  1. copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system;
  2. use any tradename, trademark, or brand name of Mulberry Street Capital in metatags, keywords and/or hidden text;
  3. copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof;
  4. create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way;
  5. use the Site, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Mulberry Street Capital, the Owner, or any third party referenced therein;
  6. use the Materials, and/or any services and products on the Site or accessible via the Site for unlawful purposes;
  7. alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials;
  8. disassemble, decompile, reverse compile or reverse engineer any part of the Site;
  9. use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site;
  10. use the Site or Materials for any illegal, fraudulent, misleading or deceptive purposes;
  11. interfere with or damage the Site or Materials, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  12. disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support the Site or Services; or (ii) the enjoyment of the Site or Services by any other person;
  13. upload an content to the Site that (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; or (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive or profane; or
  14. engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise)
  • Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Mulberry Street Capital an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Sites and create other products and services.

  • Third Party Software

The Site may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of the Third Party Components under those third party licenses. The Site may also contain links to third party websites. Such linked websites are not under Mulberry Street Capital’s control, and Mulberry Street Capital is not responsible for their content.

  • Mulberry Street Capital Online Privacy Policy

Mulberry Street Capital takes your privacy very seriously. Mulberry Street Capital online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Site. Please read and understand our Privacy Policy before accessing or using the Site. 

  • Monitoring Content

Mulberry Street Capital does not control and does not have any obligation to monitor any content made available by third parties or the use of the Site by its users. You acknowledge and agree that Mulberry Street Capital reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational or other purposes. If at any time Mulberry Street Capital chooses to monitor the content, Mulberry Street Capital still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

  • Links

The Site may contain links allowing you to leave the Site for other Site that are not under our control (“Linked Site”). Mulberry Street Capital provides the linked Site to you only as a convenience and does not endorse any Linked Site. Mulberry Street Capital is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Site contains no errors or viruses. Mulberry Street Capital is not responsible for the terms of use or privacy practices of the Linked Site or any link contained in the Linked Site. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Mulberry Street Capital encourages you to carefully read the policies of each site you visit.

  • Term and Termination

These Terms are effective beginning when you accept these Terms or first access or use the Site, and ending when terminated as described below. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Mulberry Street Capital may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by emailing contact@mulberrystreetcapital.com. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site. Sections 2, 3, 9, 10, 11 and 13 will survive.

  • Indemnification

To the fullest extent permitted by law, you agree to defend, hold harmless and indemnify Mulberry Street Capital and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Mulberry Street Capital Entities”) from and against any and all claims brought by a third party, and any related losses, costs, expenses, damages or other liabilities incurred arising from or related to: (a) your unauthorized use of, or misuse of, the Sites; (b) your breach of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. Any such indemnification will be conditioned on our notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

  • Disclaimer

THE SITE AND ALL MATERIALS AND CONTENT ON AND AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Mulberry Street Capital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, and any warranty arising out of course of dealing, usage, or trade. Mulberry Street Capital does not warrant that the Site or any portion of the Site, or any Materials or content offered through the Site, are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components; and Mulberry Street Capital does not warrant that any of those issues will be corrected. Mulberry Street Capital may make changes to the Sites at any time without notice, including by limiting or discontinuing certain features of the Sites. Mulberry Street Capital does not, however, make any commitment to update the Sites. Mulberry Street Capital will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Mulberry Street Capital does not disclaim any warranty or other right that Mulberry Street Capital is prohibited from disclaiming under applicable law.

  • Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Mulberry Street Capital OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF Mulberry Street Capital OR A Mulberry Street Capital AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF Mulberry Street Capital AND ITS SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms.This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 8 will apply even if any limited remedy fails of its essential purpose.

  • Modifications

From time to time, Mulberry Street Capital may revise these Terms. When changes are made, Mulberry Street Capital will make a new copy of the Terms available at the Site, and will also update the “Last Updated” date above. Any changes to the Terms will be effective immediately for new users of the Site and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised policy. Mulberry Street Capital strongly recommends checking Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to these Terms as in effect.

  • Governing Law

Any claim, controversy, dispute, and/or litigation arising from or related in any way to this Sites or these Terms will be governed by the laws of New York, exclusive of any choice of law rules, and will be resolved exclusively by the state and federal courts located in New York County, New York. Each party waives any objections against and expressly agrees to submit to the personal jurisdiction of the courts located in New York.

  • Support

We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.

  • Contact Information

You may contact us by emailing us at contact@mulberrystreetcapital.com.