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<h1>MUSARE TERMS OF SERVICE</h1>
<h4>Last Updated: January 25, 2016</h4>
<h4>1. Introduction</h4>
<p>
Musare.com (“musare” or the “Site”) is a social viewing platform
that allows you and your friends to watch videos and listen to
music together and to provide social commentary based on their
experiences (collectively the “Content”). Before viewing, using,
or interacting with our Site you must first agree to these Terms
of (“Agreement” or “Terms”). When we say “you” we mean the
person who is viewing, interacting, or registering with our
Site, along with anyone that they may represent. When we say
“Musare,” “musare.com,“ “us,” “our” or “we,” we are referring to
the owners of the Site, and its successors and assigns. This
Agreement, along with our Privacy Policy and any other
agreements will govern our relationship. By using the Site, you
acknowledge and accept the Site’s Privacy Policy and consent to
the collection and use of your data in accordance with the
Privacy Policy.
</p>
<p>
In some instances, both these Terms and separate guidelines,
rules, or terms of service or sale setting forth additional or
different terms and/or conditions will apply to your use of the
Site or to a service or product offered via the Site (in each
such instance, and collectively “Additional Terms”). To the
extent there is a conflict between these Terms and any
Additional Terms, the Additional Terms will control unless the
Additional Terms expressly state otherwise.
</p>
<h4>2. Description of Service</h4>
<p>
Musare is an online platform that melds social media and
entertainment. In other words, Musare is designed to allow you
and your friends to watch videos or listen to music together. As
part of our platform you will create a unique profile that will
allow others to find you and for you to express yourself. As of
now, we require all of our users to be at least 13 years old. If
you are between the ages of 13 and 17 then we may require you to
obtain permission from your parents to agree to these Terms. If
you are under the age of majority in your state or jurisdiction
of residence, you may use the Site only with involvement of a
parent or guardian who agrees to these Terms and to be
responsible for your use.
</p>
<h4>3. Accounts and Profiles</h4>
<p>
In order for you to access Musare we may require that you create
a unique account to associate with a profile. You may be
required to provide us with information, which includes, but is
not limited to, your name, address, email address, a unique
login name and password. The Site’s practices governing any
resulting collection and use of your personal information are
disclosed in its Privacy Policy. It is your responsibility to
also keep this information updated and accurate.
</p>
<p>
We may also allow you to use a third party API to sign up for
our Site, like GitHub Authentication. Whenever you use this
feature, certain information will be transferred from the third
party account and will populate your profile here at Musare. It
is important to read and understand that third parties privacy
and information sharing practices and principles. More
importantly, you will be making certain information publicly
viewable.
</p>
<p>
If you register for any feature that requires a password and/or
username, then you will select your own password at the time of
registration (or we may send you an e-mail notification with a
randomly generated initial password) and you agree that: (i) You
will not use a username (or e-mail address) that is already
being used by someone else, may impersonate another person,
belongs to another person, violates the intellectual property or
other right of any person or entity, or is offensive. We may
reject the use of any password, username, or e-mail address for
any other reason in our sole discretion; (ii) You will provide
true, accurate, current, and complete registration information
about yourself in connection with the registration process and,
as permitted, to maintain and update it including on your
Profile Page, continuously and promptly to keep it accurate,
current, and complete; (iii) You are solely responsible for all
activities that occur under your account, password, and username
– whether or not you authorized the activity; (iv) You are
solely responsible for maintaining the confidentiality of your
password and for restricting access to your Device so that
others may not access any password protected portion of the Site
using your name, username, or password; (v) You will immediately
notify us of any unauthorized use of your account, password, or
username, or any other breach of security; and (vi) You will not
sell, transfer, or assign your account or any account rights.
</p>
<p>
We will not be liable for any loss or damage (of any kind and
under any legal theory) to you or any third party arising from
your inability or failure for any reason to comply with any of
the foregoing obligations.
</p>
<p>
If any information that you provide, or if we have reasonable
grounds to suspect that any information that you provide, is
false, inaccurate, outdated, incomplete, or violates these
Terms, any Additional Terms, or any applicable law, then we may
suspend or terminate your account. We also reserve the more
general and broad right to terminate your account or suspend or
otherwise deny you access to it or its benefits – all in our
sole discretion, for any reason, and without advance notice or
liability.
</p>
<p>
Your Site page where you maintain a profile (“Profile Page”) may
not include any form of prohibited User-Generated Content
(defined below), as outlined in Section 6 below. Without
limiting the foregoing, Profile Pages may not include content
that you are attempting to sell through the Site, and cannot be
used to conduct commercial activities, including, but not
limited to, transactions, advertising, fundraising, contests or
other promotions absent our prior written consent. We may offer
you the ability to set preferences relating to your profile or
Site activities, but settings may not become effective
immediately or be error free, and options may change from
time-to-time. We assume no responsibility or liability for
users’ Profile material.
</p>
<p>
Profile Pages may only be set up by an authorized representative
of the individual that is the subject of the Profile Page. We do
not review Profile Pages to determine if they were created by an
appropriate party, and we are not responsible for any
unauthorized Profile Pages that may appear on the Site. If there
is any dispute as to whether a Profile Page has been created or
is being maintained by an authorized representative of the
individual who is the subject of that Profile Page, then we
shall have the sole right, but are not obligated, to resolve
such dispute as we determine is appropriate in our sole
discretion. Such resolution may include, without limitation,
deleting or disabling access to Profile Pages, or any portion
thereof, at any time without notice.
</p>
<h4>
4. Site Content, Ownership, Limited License and Rights of Others
</h4>
<p>
<b>A. Content.</b> The Site contains a variety of: (i) materials
and other items relating to Musare and its products and
services, and similar items from our licensors and other third
parties, including all layout, information, articles, posts,
text, data, files, images, scripts, designs, graphics, button
icons, instructions, illustrations, photographs, audio clips,
music, sounds, pictures, videos, advertising copy, URLs,
technology, software, interactive features, the “look and feel”
of the Site, and the compilation, assembly, and arrangement of
the materials of the Site and any and all copyrightable material
(including source and object code); (ii) trademarks, logos,
trade names, trade dress, service marks, and trade identities of
various parties, including those of Musare (collectively,
“Trademarks”); and (iii) other forms of intellectual property
(all of the foregoing, collectively “Content”).
</p>
<p>
<b>B. Ownership.</b> The Site (including past, present, and
future versions) and the Content are owned or controlled by
Musare and our licensors and certain other third parties. All
right, title, and interest in and to the Content available via
the Site is the property of Musare or our licensors or certain
other third parties, and is protected by U.S. and international
copyright, trademark, trade dress, patent and/or other
intellectual property and unfair competition rights and laws to
the fullest extent possible. Musare owns the copyright in the
selection, compilation, assembly, arrangement, and enhancement
of the Content on the Site
</p>
<p>
<b>C. Limited License.</b> Subject to your strict compliance
with these Terms and the Additional Terms, Musare grants you a
limited, non-exclusive, revocable, non-assignable, personal, and
non-transferable license to: (i) download (temporary storage
only), display, view, use, play, and/or print one copy of the
Content (excluding source and object code in raw form or
otherwise, other than as made available to access and use to
enable display and functionality) on a personal computer, mobile
phone or other wireless device, or other Internet enabled device
(each, a “Device”) for your personal, non-commercial use only,
and (ii) to use certain Content that we may from time to time
make available on the Site explicitly for you for use as part of
your User-Generated Content. The foregoing limited license: (i)
does not give you any ownership of, or any other intellectual
property interest in, any Content, and (ii) may be immediately
suspended or terminated for any reason, in Musare’s sole
discretion, and without advance notice or liability. In some
instances, we may permit you to have greater access to and use
of Content, subject to certain Additional Terms.
</p>
<p>
<b>D. Rights of Others.</b> In using the Site, you must respect
the intellectual property and other rights of Musare and others.
Your unauthorized use of Content may violate copyright,
trademark, privacy, publicity, communications, and other laws,
and any such use may result in your personal liability,
including potential criminal liability. Musare respects the
intellectual property rights of others. If you believe that your
work has been infringed by means of an improper posting or
distribution of it via the Site, then please see Section 8
below.
</p>
<h4>5. Content You Submit</h4>
<p>
<b>A. General.</b> Musare may now or in the future offer users
of the Site the opportunity to create, build, post, upload,
display, publish, distribute, transmit, broadcast, or otherwise
make available on or submit through the Site (collectively,
“submit”) messages, avatars, text, illustrations, files, images,
graphics, photos, comments, responses, sounds, music, videos,
information, content, ratings, reviews, data, questions,
suggestions, personally identifiable information, or other
information or materials and the ideas contained therein
(collectively, “User-Generated Content”). Musare may allow you
to do this through forums, blogs, message boards, social
networking environments, content creation tools, gameplay,
social communities, contact us tools, e-mail, and other
communications functionality. Subject to the rights and license
you grant in these Terms, you retain whatever legally cognizable
right, title, and interest that you have in your User-Generated
Content and you remain ultimately responsible for it.
</p>
<p>
<b>B. Non-Confidentiality of Your User-Generated Content.</b>
Except as otherwise described in the Site’s posted Privacy
Policy or any Additional Terms, you agree that: (a) your
User-Generated Content will be treated as non-confidential –
regardless of whether you mark them “confidential,”
“proprietary,” or the like – and will not be returned, and (b)
Musare does not assume any obligation of any kind to you or any
third party with respect to your User-Generated Content. Upon
Musare’s request, you will furnish us with any documentation
necessary to substantiate the rights to such content and to
verify your compliance with these Terms or any Additional Terms.
You acknowledge that the Internet and mobile communications may
be subject to breaches of security and that you are aware that
submissions of User-Generated Content may not be secure, and you
will consider this before submitting any User-Generated Content
and do so at your own risk. In your communications with Musare,
please keep in mind that we do not seek any unsolicited ideas or
materials for products or services, or even suggested
improvements to products or services, including, without
limitation, ideas, concepts, inventions, or designs for music,
web sites, apps, books, scripts, screenplays, motion pictures,
television shows, theatrical productions, software or otherwise
(collectively, “Unsolicited Ideas and Materials”). Any
Unsolicited Ideas and Materials you post on or send to us via
the Site are deemed User-Generated Content and licensed to us as
set forth below. In addition, Musare retains all of the rights
held by members of the general public with regard to your
Unsolicited Ideas and Materials. Musare’s receipt of your
Unsolicited Ideas and Materials is not an admission by Musare of
their novelty, priority, or originality, and it does not impair
Musare’s right to contest existing or future intellectual
property rights relating to your Unsolicited Ideas and
Materials.
</p>
<p>
<b>C. License to Musare of Your User-Generated Content.</b>
Except as otherwise described in any applicable Additional Terms
(such as a contest official rules), which specifically govern
the submission of your User-Generated Content, you hereby grant
to Musare, the non-exclusive, unrestricted, unconditional,
unlimited, worldwide, irrevocable, perpetual, and cost-free
right and license to use, copy, record, distribute, reproduce,
disclose, sell, re-sell, sublicense (through multiple levels),
display, publicly perform, transmit, publish, broadcast,
translate, make derivative works of, and otherwise use and
exploit in any manner whatsoever, all or any portion of your
User-Generated Content (and derivative works thereof), for any
purpose whatsoever in all formats, on or through any means or
medium now known or hereafter developed, and with any technology
or devices now known or hereafter developed, and to advertise,
market, and promote the same. Without limitation, the granted
rights include the right to: (a) configure, host, index, cache,
archive, store, digitize, compress, optimize, modify, reformat,
edit, adapt, publish in searchable format, and remove such
User-Generated Content and combine same with other materials,
and (b) use any ideas, concepts, know-how, or techniques
contained in any User-Generated Content for any purposes
whatsoever, including developing, producing, and marketing
products and/or services. You understand that in exercising such
rights metadata, notices and content may be removed or altered,
including copyright management information, and you consent
thereto and represent and warrant you have all necessary
authority to do so. In order to further effect the rights and
license that you grant to Musare to your User-Generated Content,
you also hereby grant to Musare, and agree to grant to Musare,
the unconditional, perpetual, irrevocable right to use and
exploit your name, persona, and likeness in connection with any
User-Generated Content, without any obligation or remuneration
to you. Except as prohibited by law, you hereby waive, and you
agree to waive, any moral rights (including attribution and
integrity) that you may have in any User-Generated Content, even
if it is altered or changed in a manner not agreeable to you. To
the extent not waivable, you irrevocably agree not to exercise
such rights (if any) in a manner that interferes with any
exercise of the granted rights. You understand that you will not
receive any fees, sums, consideration, or remuneration for any
of the rights granted in this Section 5(C).
</p>
<p>
<b>D. Exclusive Right to Manage Our Site.</b> Musare may, but
will not have any obligation to, review, monitor, display, post,
store, maintain, accept, or otherwise make use of, any of your
User-Generated Content, and Musare may, in its sole discretion,
reject, delete, move, re-format, remove or refuse to post or
otherwise make use of User-Generated Content without notice or
any liability to you or any third party in connection with our
operation of User-Generated Content venues in an appropriate
manner. Without limitation, we may do so to address content that
comes to our attention that we believe is offensive, obscene,
lewd, lascivious, filthy, violent, harassing, threatening,
abusive, illegal or otherwise objectionable or inappropriate, or
to enforce the rights of third parties or these Terms or any
applicable Additional Terms, including, without limitation, the
content restrictions set forth below in Section 6. Such
User-Generated Content submitted by you or others need not be
maintained on the Site by us for any period of time and you will
not have the right, once submitted, to access, archive,
maintain, or otherwise use such User-Generated Content on the
Site or elsewhere.
</p>
<p>
<b
>E. Representations and Warranties Related to Your
User-Generated Content.</b
>
Each time you submit any User-Generated Content, you represent
and warrant that you are at least the age of majority in the
jurisdiction in which you reside and are the parent or legal
guardian, or have all proper consents from the parent or legal
guardian, of any minor who is depicted in or contributed to any
User-Generated Content you submit, and that, as to that
User-Generated Content, (a) you are the sole author and owner of
the intellectual property and other rights to the User-Generated
Content, or you have a lawful right to submit the User-Generated
Content and grant Musare the rights to it that you are granting
by these Terms and any Additional Terms, all without any Musare
obligation to obtain consent of any third party and without
creating any obligation or liability of Musare; (b) the
User-Generated Content is accurate; (c) the User-Generated
Content does not and, as to Musare’s permitted uses and
exploitation set forth in these Terms, will not infringe any
intellectual property or other right of any third party; and (d)
the User-Generated Content will not violate these Terms
(including the Rules) or any Additional Terms, or cause injury
or harm to any person.
</p>
<p>
<b>F. Enforcement.</b> Musare has no obligation to monitor or
enforce your intellectual property rights to your User-Generated
Content, but you grant us the right to protect and enforce our
rights to your User-Generated Content, including by bringing and
controlling actions in your name and on your behalf (at Musare’s
cost and expense, to which you hereby consent and irrevocably
appoint Musare as your attorney-in-fact, with the power of
substitution and delegation, which appointment is coupled with
an interest).
</p>
<h4>6. Our Rules</h4>
<p>
We may, but are not obligated to, provide our users with the
ability to post and receive messages from other Musare-listed
users or allow you to participate in video or live chats with
your friends or other users. If we do, you will not use the
messaging system or your username to spam, defame, harass, or do
anything we find to be objectionable (which is up to us),
including, but not limited to, language that attacks or demeans
a group based on race or ethnic origin, religion, disability,
gender, age, veteran status and sexual orientation or gender
identity. It is your responsibility to maintain proper
etiquette, and we reserve the right to terminate the account for
anyone who violates our policies. We also do not monitor any
particular chat, but reserve the right to edit, modify, ban, or
filter any User-Generated Content or username for any reason. If
someone posts something that is offensive or objectionable
please let us know and we will do our best to accommodate you.
We do not, however, assume any obligation to remove such
User-Generated Content.
</p>
<p>
You may share videos and music that is hosted on a third party
website (i.e., Youtube, Soundcloud, etc.) but only if it does
not conflict with their terms or any applicable law. You may
not, however, share, post or otherwise communicate any content
(video, audio, or text) that is unlawful, threatening, violent,
pornographic, harassing, obscene, racist, defamatory, or
otherwise objectionable. We reserve the right to determine what
is objectionable at our sole discretion.
</p>
<p>In addition to the above, you agree that you will not:</p>
<ul>
<li>
* Infringe on anyone's intellectual property or other legal
rights (i.e. invasion of privacy).
</li>
<li>
* Hack, crack, phish, SQL inject, or otherwise compromise
the security of our website or its servers.
</li>
<li>
* Solicit business, spam, or otherwise use our service for
commercial purposes unless expressly authorized by us.
</li>
<li>
* Defraud or threaten any of our users through any method,
whether it be through our website or through another method
of communication.
</li>
<li>
* Create more than one active user account, or create a new
user account if we have previously banned, suspended, or
otherwise terminated your first user account.
</li>
<li>* Harass anyone.</li>
<li>* Impersonate anyone.</li>
<li>* Do anything unlawful or bad (we define what is bad)</li>
</ul>
<p>
How we react to your violation of any of these Terms does not
mean we will treat everyone the same. We may do anything from
giving you a spoken warning, temporarily suspend your account,
ban you, or take you to Court.
</p>
<h4>7. Sharing Videos and Music</h4>
<p>
Musare may permit you to share videos and music with your
friends. We may also allow you to use video or live chat to
discuss the video or music as it is playing. Please note,
however, that we do not host any User-Generated Content
ourselves. Instead, you must use our platform to share your
video or music from the third party video hosting website. You
agree that you will be responsible for the User-Generated
Content you upload, and that nothing you share will infringe on
the rights of anyone. Furthermore, you warrant you have the
ability to grant the right to share such User-Generated Content
without any obligation to pay any royalties to any copyright
owner. You will be responsible for the payment of any royalty
and any associated damages, fees, fines or penalties, in the
event we find out you have shared User-Generated Content in
violation of another’s intellectual property rights.
</p>
<p>
Not to sound like a broken record, but we have to make sure you
understand that you will be responsible for any User-Generated
Content that you upload, including the consequences of any
infringement. By sharing any User-Generated Content you are, in
essence, utilizing a third party license to distribute and share
User-Generated Content. You may only do this if the Site from
which you are linking has given you a license to share such
User-Generated Content in the manner contemplated. If it does
not, then you cannot share that User-Generated Content.
</p>
<p>
For further clarity, you must only distribute videos or music
that you are legally permitted to...meaning you cannot share
videos or music that violates anyone’s third party intellectual
property rights. For example, you must not share anything that
the third party site would prohibit. In addition you will not
modify, edit, disassemble, or create derivatives of anything
that you do not own the rights to.
</p>
<p>
Should you believe that your rights are being infringed on by,
please note that we are not responsible for hosting it and it is
the third party site which is serving the file, and until is
removed from the third party site, it will still be available
through their search engine. As such, copyright notices should
be sent to both us and the third party site, and you should
visit their terms for more information.
</p>
<h4>8. DMCA Notices</h4>
<p>
We will respond appropriately to notices of alleged copyright
infringement that comply with the U.S. Digital Millennium
Copyright Act (“DMCA”), as set forth below. We have registered a
Copyright Agent with the United States Copyright Office, which
limits our liability under the DMCA. If you believe that your
copyright has been infringed, please send us a message that
contains:
</p>
<ul>
<li>* Your name.</li>
<li>
* The name of the party whose copyright has been infringed,
if different from your name.
</li>
<li>
* The name and description of the work that is being
infringed.
</li>
<li>* The location on our website of the infringing copy.</li>
<li>
* A statement that you have a good faith belief that use of
the copyrighted work described above is not authorized by
the copyright owner (or by a third party who is legally
entitled to do so on behalf of the copyright owner) and is
not otherwise permitted by law.
</li>
<li>
* A statement that you swear, under penalty of perjury, that
the information contained in this notification is accurate
and that you are the copyright owner or have an exclusive
right in law to bring infringement proceedings with respect
to its use.
</li>
</ul>
<p>
Musare’s designated Copyright Agent to receive notifications of
claimed infringement is Musare, Inc., 5900 Wilshire Blvd, 21st
Floor, Los Angeles, CA 90036 (Attn: Legal Department); email:
musaremusic@gmail.com. For clarity, only DMCA notices should go
to the Copyright Agent; am other feedback, comments, requests
for technical support, and other communications should be
directed to musare customer service.
</p>
<p>
If sending the notification by e-mail, an electronic signature
is acceptable.
</p>
<p>
Upon notification of claimed infringement, we will respond
expeditiously to remove, or disable access to, the material that
is claimed to be infringing or to be the subject of infringing
activity. We will also notify the person who posted, uploaded or
otherwise placed the allegedly infringing material on the Site
that we have removed or disabled access to such material.
</p>
<p>
If you believe that material has been removed improperly, you
must send a written counter notification to the Agent, and
include:
</p>
<ul>
<li>
* a. a physical or electronic signature of the subscriber;
</li>
<li>
* b. identification of the material that has been removed or
to which access has been disabled and the location at which
the material appeared before it was removed or access to it
was disabled;
</li>
<li>
* c. a statement under penalty of perjury that the
subscriber has a good faith belief that the material was
removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;
</li>
<li>
* d. the subscriber’s name, address, and telephone number,
and a statement that the subscriber consents to the
jurisdiction of Federal District Court for the judicial
district in which the address is located, or if the
subscriber’s address is outside of the United States, for
any judicial district in which the service provider may be
found, and that the subscriber will accept service of
process from the person who provided the original
notification or an agent of such person.
</li>
</ul>
<p>
Upon receipt of a counter notification complying with the
foregoing requirements, we will promptly provide the person who
I provided the original notification with a copy of the counter
notification, and inform that person that we will replace the
removed material or cease disabling access to it in ten (10)
business days, unless we receive notice that the original
notifier has notified the designated agent for the counter
notifier that such person has filed an action seeking a court
order to restrain the subscriber from engaging in infringing
activity relating to the material on our system or network.
</p>
<p>
It is our policy, in appropriate circumstances, to disable
and/or terminate the accounts of users who are repeat
infringers. It is also our policy to accommodate and not
interfere with standard technical measures we determine are
reasonable under the circumstances, i.e., technical measures
that are used by copyright owners to identify or protect
copyrighted works. We retain the discretion to handle
non-compliant notices in whatever manner appears to be
reasonable given the circumstances presented. There are
penalties for submission of misleading information in connection
with the process described herein.
</p>
<h4>9. Points and Virtual Currency</h4>
<p>
The Site may include virtual, in-game currency (“Virtual
Currency”), such as credits, coins, ranks (“Name Tags”), XP,
cash, or points (e.g., Experience Points), that may be purchased
with “real world” money or obtained through spending time on the
Site or otherwise interacting with a third-party service.
Virtual Currency may be used to purchase virtual, in-game
digital items (“Virtual Goods”). Your purchase or award of
Virtual Currency and Virtual Goods are merely a grant by us to a
limited, non-exclusive, revocable, non-assignable, personal, and
non-transferable right to use the Virtual Currency and Virtual
Goods as part of the Site under these Terms and any applicable
Additional Terms we provide at the time. Accordingly, you have
no property, proprietary, intellectual property, ownership, or
monetary interest in your Virtual Currency and Virtual Goods,
which remain our Content and property. The right may be
immediately suspended or terminated for any reason, in our sole
discretion, and without advance notice or liability. We reserve
the absolute right, at any time and in our sole discretion, to
manage, regulate, control, modify or eliminate Virtual Currency
and/or Virtual Goods.
</p>
<p>
Virtual Currency or Virtual Goods cannot be redeemed by you for
“real world” money, goods, or other items of monetary value from
any party. Transfers of Virtual Currency or Virtual Goods by you
outside of what we permit on the Site are strictly prohibited.
This means you may not buy or sell Virtual Currency or Virtual
Goods for “real world” money or otherwise exchange items for
value outside of the Site. Any such attempted transfer will be
null and void.
</p>
<p>
You also agree that all sales of Virtual Currency and Virtual
Goods are final unless otherwise detailed in the applicable
Additional Terms. No refunds will be given by us. You agree that
you will be solely responsible for paying any applicable taxes
related to the acquisition of, use of or access to Virtual
Currency or Virtual Goods.
</p>
<p>
We have the absolute right, but not the obligation, to manage,
regulate, control, modify, delete, alter, move, remove, transfer
and/or eliminate Virtual Currency and/or Virtual Goods, in whole
or in part, as we see fit, at any time in our sole discretion,
including the right to terminate or suspend your account or
discontinue the Site (in whole or in part) for any reason, and
we shall have no liability to you or anyone for the exercise of
such rights. If we suspend or terminate any Virtual Currency or
Virtual Goods, then you will forfeit the suspended or terminated
subscription or items, except as may be set forth in any
Additional Terms (such as any refund policies that may apply to
the Site). Likewise, except as may be set forth in any
Additional Terms or as required by applicable law, we are not
responsible for repairing or replacing same, or providing you
any credit or refund or any other sum, in the event of our
modification of any Virtual Currency or Virtual Goods, or for
loss or damage due to error, or any other reason.
</p>
<p>
As we feel necessary, in our sole and absolute discretion, we
may limit the total amount of Virtual Currency that may be
purchased at any one time, and/or limit the total Virtual
Currency that may be held in your account in the aggregate.
Additionally, price and availability of certain types of Virtual
Currency and/or Virtual Goods are subject to change without
notice. You are solely responsible for verifying that the proper
amount of Virtual Currency has been added to or deducted from
your account during any given transaction, so please notify us
immediately should you believe that a mistake has been made with
respect to your Virtual Currency balance. If we choose, in our
discretion, to investigate your claim, in doing so, may request
some additional information and/or documentation to verify your
claim. We will let you know the results of any investigation,
however, you acknowledge and agree that we have the sole and
absolute discretion in determining whether or not your claim is
valid, and if so, the appropriate remedy.
</p>
<p>
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE
AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN YOUR 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 MUSARE. YOU ACKNOWLEDGE AND
AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER
PROPRIETARY INTEREST IN THE VIRTUAL CURRENCY, VIRTUAL GOODS OR
THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR
PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS.
FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE
DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR
ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL
CURRENCY, VIRTUAL GOODS, INCLUDING, BUT NOT LIMITED TO, THE
DELETION OF THEREOF UPON THE TERMINATION, ABANDONMENT OR
EXPIRATION OF YOUR ACCOUNT.
</p>
<h4>10. Terms of Sale</h4>
<p><b>SOON TO COME</b></p>
<h4>11. Disclaimer and Limitation of Liability</h4>
<p>
THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND
OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY
WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE
CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
</p>
<p>
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO BY MEANS OF OR THROUGH THE SITE, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT
OR RECEIVED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE
ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA,
INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE
DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF
THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO
YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE
USE OF THE SITE.
</p>
<p>
Without limiting any of the foregoing, we are not responsible
for any of your materials and data residing on our network
hardware. You are responsible for backing-up your materials and
data that may reside on our network, whether or not such
materials and data are produced through the use of the Site.
</p>
<h4>12. Indemnity</h4>
<p>
You agree to indemnify, defend and hold harmless us, our
parents, subsidiaries, affiliates, officers, directors,
employees, members, partners, agents, and suppliers, and their
respective affiliates, officers, directors, employees, members,
shareholders, partners, and agents, from any claim, action,
demand, liability, judgment, or damage, including reasonable
attorneys’ fees, arising out of or related to your use of the
Site and/or your violation of these Terms, including, without
limitation, the infringement by you in your User-Generated
Content or any other user of your account, of any intellectual
property or other right of any person or entity. We may, at our
sole discretion, assume the exclusive defense and control of any
matter subject to indemnification by you. The assumption of such
defense or control by us, however, shall not excuse any of your
indemnity obligations.
</p>
<h4>13. Choice of Law</h4>
<p>
We wish to make things as simple as possible in applying this
Agreement to our users, and we can’t do that if a different
jurisdiction’s law applies for each user who signs up based on
where they live. Therefore, you agree that this Agreement is
subject solely to and shall be interpreted in accordance with
the laws applicable in the State of California, USA, without
regard to its conflicts of law provisions.
</p>
<h4>14. Dispute Resolution</h4>
<p>
Certain portions of this Section 14 are deemed to be a “written
agreement to arbitrate” pursuant to the Federal Arbitration Act.
You and Musare agree that we intend that this Section 14
satisfies the “writing” requirement of the Federal Arbitration
Act. This Section 14 can only be amended by mutual agreement
</p>
<p>
<b>A. First – Try To Resolve Disputes and Excluded Disputes.</b>
If any controversy, allegation, or claim arises out of or
relates to the Site, the Content, your User-Generated Content,
these Terms, or any Additional Terms, whether heretofore or
hereafter arising (collectively, “Dispute”), or to any of
Musare’s actual or alleged intellectual property rights (an
“Excluded Dispute”, which includes those actions set forth in
Section 14.D), then you and we agree to send a written notice to
the other providing a reasonable description of the Dispute or
Excluded Dispute, along with a proposed resolution of it. Our
notice to you will be sent to you based on the most recent
contact information that you provide us. But if no such
information exists or if such information is not current, then
we have no obligation under this Section 14.A. Your notice to us
must be sent to: Musare, Inc., 5900 Wilshire Blvd, 21st Floor,
Los Angeles, CA 90036 (Attn: Legal Department). For a period of
sixty (60) days from the date of receipt of notice from the
other party, Musare and you will engage in a dialogue in order
to attempt to resolve the Dispute or Excluded Dispute, though
nothing will require either you or Musare to resolve the Dispute
or Excluded Dispute on terms with respect to which you and
Musare, in each of our sole discretion, are not comfortable.
</p>
<p><b>B. Forums For Alternative Dispute Resolution.</b></p>
<p>
<b>(i) Arbitration.</b> If we cannot resolve a Dispute as set
forth in Section 14.A within sixty (60) days of receipt of the
notice, then either you or we may submit the Dispute to formal
arbitration in accordance with this Section 14.B. If we cannot
resolve an Excluded Dispute as set forth in Section 14.A within
sixty (60) days of receipt of the notice, then either you or we
may submit the Excluded Dispute to formal arbitration only if
you and Musare consent, in a writing signed by you and an
officer or legal representative of Musare, to have that Excluded
Dispute subject to arbitration. In such a case, (and only in
such a case), that Excluded Dispute will be deemed a “Dispute”
for the remainder of this Section 14.B.
</p>
<p>
Upon expiration of the applicable sixty-day period and to the
fullest extent permitted by applicable law, a Dispute will be
resolved solely by binding arbitration in accordance with the
then-current Commercial Arbitration Rules of the American
Arbitration Association (“AAA”). If the Dispute has a claimed
value of not more than $250,000, then the arbitration will be
heard and determined by a single neutral arbitrator who is a
retired judge or a lawyer with not less than fifteen (15) years’
experience as a practicing member of the bar in the substantive
practice area related to the Dispute, who will administer the
proceedings in accordance with the AAA’s Supplementary
Procedures for Consumer Related Disputes. If the Dispute has a
claimed value of more than $250,000, or if Musare elects, in its
sole discretion, to bear the costs of arbitration in excess of
those that would occur for a proceeding before a single neutral
arbitrator, then the arbitration will be heard and determined by
a three-member panel, with one member to be selected by each
party and the third (who will be chair of the panel) selected by
the two party-appointed members or by the AAA in accordance with
the Commercial Arbitration Rules. The arbitrator or arbitration
panel, as the case may be, will apply applicable law and the
provisions of these Terms and any Additional Terms, will
determine any Dispute according to the applicable law and facts
based upon the record and no other basis, and will issue a
reasoned award. If you and Musare do not both consent to the
arbitration of an Excluded Dispute as set forth in the
immediately preceding paragraph of this Section 14.B(i), then
this paragraph and the remainder of this Section 14.B will not
apply to the Excluded Dispute.
</p>
<p>
If a party properly submits the Dispute to the AAA for formal
arbitration and the AAA is unwilling or unable to set a hearing
date within sixty (60) days of the filing of a “demand for
arbitration,” then either party can elect to have the
arbitration administered by the Judicial Arbitration and
Mediation Services Inc. (“JAMS”) using JAMS’ streamlined
Arbitration Rules and Procedures, or by any other arbitration
administration Site that you and an officer or legal
representative of Musare consent to in writing. The substantive
practice area requirements for the arbitrator and the $250,000
threshold for a the number of arbitrators assigned to the
Dispute set forth in the paragraph above for the AAA arbitration
will also apply to any such arbitration under JAMS or another
arbitration Site.
</p>
<p>
You can obtain AAA and JAMS procedures, rules, and fee
information as follows:
</p>
<p>
AAA: 800.778.7879 http://www.adr.org <br />
JAMS: 949.224.1810 http://www.jamsadr.com
</p>
<p>
<b
>(ii) Nature, Limitations, and Location of Alternative
Dispute Resolution.</b
>
In arbitration, as with a court, the arbitrator must honor the
terms of these Terms (and any Additional Terms) and can award
the prevailing party damages and other relief (including
attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO
JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION
OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C)
JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All
parties to the arbitration will have the right, at their own
expense, to be represented by an attorney or other advocate of
their choosing. If an in-person arbitration hearing is required,
then it will be conducted in the “metropolitan statistical area”
(as defined by the U.S. Census Bureau) where you are a resident
at the time the Dispute is submitted to arbitration. You and we
will pay the administrative and arbitrator’s fees and other
costs in accordance with the applicable arbitration rules; but
if applicable arbitration rules or laws require Musare to pay a
greater portion or all of such fees and costs in order for this
Section 14 to be enforceable, then Musare will have the right to
elect to pay the fees and costs and proceed to arbitration, or
to decline to do so and have the matter resolved through the
courts. Discovery will be permitted pursuant to the applicable
arbitration rules. The arbitrator’s decision must consist of a
written statement stating the disposition of each claim of the
Dispute, and must provide a statement of the essential findings
and conclusions on which the decision and any award (if any) is
based. Judgment on the arbitration decision and award (if any)
may be entered in or by any court that has jurisdiction over the
parties pursuant to Section 9 of the Federal Arbitration Act.
</p>
<p>
<b>C. Limited Time To File Claims.</b> TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A
DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN
YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET
FORTH IN SECTION 14.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE
ARISES – OR IT WILL BE FOREVER BARRED.
</p>
<p>
<b>D. Injunctive Relief.</b> The foregoing provisions of this
Section 14 will not apply to any legal action taken by Musare to
seek an injunction or other equitable relief in connection with,
any loss, cost, or damage (or any potential loss, cost, or
damage) relating to the Site, any Content, your User-Generated
Content and/or Musare’s intellectual property rights (including
such Musare may claim that may be in dispute), Musare’s
operations, and/or Musare’s products or services.
</p>
<p>
<b
>E. Small Claims Matters Are Excluded From Arbitration
Requirement.</b
>
Notwithstanding the foregoing, either of us may bring qualifying
claim of Disputes (but not Excluded Disputes) in small claims
court, subject to Section 14.G.
</p>
<p>
<b>F. No Class Action Matters.</b> Disputes will be arbitrated
only on an individual basis and will not be consolidated with
any other arbitration or other proceedings that involve any
claim or controversy of any other party. But if, for any reason,
any court with competent jurisdiction or any arbitrator selected
pursuant to Section 14.B(i) holds that this restriction is
unconscionable or unenforceable, then our agreement in Section
14.B to arbitrate will not apply and the Dispute must be brought
exclusively in court pursuant to Section 14.G.
</p>
<p>
<b>G. Federal and State Courts in Los Angeles.</b> Except to the
extent that arbitration is required in Section 14.B, and except
as to the enforcement of any arbitration decision or award, any
action or proceeding relating to any Dispute or Excluded Dispute
may only be instituted in state or federal court in Los Angeles
County, California. Accordingly, you and Musare consent to the
exclusive personal jurisdiction and venue of such courts for
such matters.
</p>
<h4>15. Waiver of Injunctive or Other Equitable Relief</h4>
<p>
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR
INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE
LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR
SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE
RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR
CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT
BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY
INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY
WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT,
SITE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR
CONTROLLED BY MUSARE (INCLUDING YOUR LICENSED USER-GENERATED
CONTENT) OR A LICENSOR OF MUSARE.
</p>
<h4>16. Force Majeure</h4>
<p>
You agree that we are not responsible to you for anything that
we may otherwise be responsible for, if it is the result of
events beyond our control, including, but not limited to, acts
of God, war, insurrection, riots, terrorism, crime, labor
shortages (including lawful and unlawful strikes), any third
party site being down, communication disruption, failure or
shortage of infrastructure, zombie attacks, shortage of
materials, or any other event beyond our control.
</p>
<h4>17. Cancellation of Service</h4>
<p>
You agree that we may cancel our service or the Site at any
time, for any reason, without warning or compensation, even if
we have been advised that it may result in a loss to you or any
other party.
</p>
<h4>18. Severability</h4>
<p>
In the event that a provision of this Agreement is found to be
unlawful or otherwise unenforceable, the Agreement will remain
in force as though it had been entered into without that
unlawful or unenforceable provision being included in it.
</p>
<h4>19. Update to Terms</h4>
<p>
These Terms (or if applicable Additional Terms), in the form
posted at the time of your use of the Site to which it applies,
shall govern such use (including transactions entered during
such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER
WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY
CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR
WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU
SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW
AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS
AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING
THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE
WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE
CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR
YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the
posted terms of Site and any applicable Additional Terms each
time you use the Site (at least prior to each transaction or
submission). The Additional Terms will be effective as to new
use and transactions as of the time that we post them, or such
later date as may be specified in them or in other notice to
you. However, the Terms (and any applicable Additional Terms)
that applied when you previously used the Site will continue to
apply to such prior use (i.e., changes and additions are
prospective only) unless mutually agreed. In the event any
notice to you of new, revised or additional terms is determined
by a tribunal to be insufficient, the prior agreement shall
continue until sufficient notice to establish a new agreement
occurs. You should frequently check the home page, your message
account and the e-mail you associated with your account for
notices, all of which you agree are reasonable manners of
providing you notice. You can reject any new, revised or
Additional Terms by discontinuing use of the Site and related
services.
</p>
<h4>
20. Investigations; Cooperation with Law Enforcement;
Termination; Survival
</h4>
<p>
Musare reserves the right, without any limitation, to: (i)
investigate any suspected breaches of its Site security or its
information technology or other systems or networks, (ii)
investigate any suspected breaches of these Terms and any
Additional Terms, (iii) investigate any information obtained by
Musare in connection with reviewing law enforcement databases or
complying with criminal laws, (iv) involve and cooperate with
law enforcement authorities in investigating any of the
foregoing matters, (v) prosecute violators of these Terms and
any Additional Terms, and (vi) discontinue the Site, in whole or
in part, or, except as may be expressly set forth in any
Additional Terms, suspend or terminate your access to it, in
whole or in part, including any user accounts or registrations,
at any time, without notice, for any reason and without any
obligation to you or any third party. Any suspension or
termination will not affect your obligations to Musare under
these Terms or any Additional Terms. Upon suspension or
termination of your access to the Site, or upon notice from
Musare, all rights granted to you under these Terms or any
Additional Terms will cease immediately, and you agree that you
will immediately discontinue use of the Site. The provisions of
these Terms and any Additional Terms, which by their nature
should survive your suspension or termination will survive,
including the rights and licenses you grant to Musare in these
Terms, as well as the indemnities, releases, disclaimers, and
limitations on liability and the provisions regarding
jurisdiction, choice of law, no class action, and mandatory
arbitration.
</p>
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