Terms.vue 56 KB

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  1. <script setup lang="ts">
  2. import { defineAsyncComponent } from "vue";
  3. const MainHeader = defineAsyncComponent(
  4. () => import("@/components/MainHeader.vue")
  5. );
  6. const MainFooter = defineAsyncComponent(
  7. () => import("@/components/MainFooter.vue")
  8. );
  9. </script>
  10. <template>
  11. <div class="app">
  12. <page-metadata title="Terms of Service" />
  13. <main-header />
  14. <div class="container">
  15. <h1>MUSARE TERMS OF SERVICE</h1>
  16. <h4>Last Updated: January 25, 2016</h4>
  17. <h4>1. Introduction</h4>
  18. <p>
  19. Musare.com (“musare” or the “Site”) is a social viewing platform
  20. that allows you and your friends to watch videos and listen to
  21. music together and to provide social commentary based on their
  22. experiences (collectively the “Content”). Before viewing, using,
  23. or interacting with our Site you must first agree to these Terms
  24. of (“Agreement” or “Terms”). When we say “you” we mean the
  25. person who is viewing, interacting, or registering with our
  26. Site, along with anyone that they may represent. When we say
  27. “Musare,” “musare.com,“ “us,” “our” or “we,” we are referring to
  28. the owners of the Site, and its successors and assigns. This
  29. Agreement, along with our Privacy Policy and any other
  30. agreements will govern our relationship. By using the Site, you
  31. acknowledge and accept the Site’s Privacy Policy and consent to
  32. the collection and use of your data in accordance with the
  33. Privacy Policy.
  34. </p>
  35. <p>
  36. In some instances, both these Terms and separate guidelines,
  37. rules, or terms of service or sale setting forth additional or
  38. different terms and/or conditions will apply to your use of the
  39. Site or to a service or product offered via the Site (in each
  40. such instance, and collectively “Additional Terms”). To the
  41. extent there is a conflict between these Terms and any
  42. Additional Terms, the Additional Terms will control unless the
  43. Additional Terms expressly state otherwise.
  44. </p>
  45. <h4>2. Description of Service</h4>
  46. <p>
  47. Musare is an online platform that melds social media and
  48. entertainment. In other words, Musare is designed to allow you
  49. and your friends to watch videos or listen to music together. As
  50. part of our platform you will create a unique profile that will
  51. allow others to find you and for you to express yourself. As of
  52. now, we require all of our users to be at least 13 years old. If
  53. you are between the ages of 13 and 17 then we may require you to
  54. obtain permission from your parents to agree to these Terms. If
  55. you are under the age of majority in your state or jurisdiction
  56. of residence, you may use the Site only with involvement of a
  57. parent or guardian who agrees to these Terms and to be
  58. responsible for your use.
  59. </p>
  60. <h4>3. Accounts and Profiles</h4>
  61. <p>
  62. In order for you to access Musare we may require that you create
  63. a unique account to associate with a profile. You may be
  64. required to provide us with information, which includes, but is
  65. not limited to, your name, address, email address, a unique
  66. login name and password. The Site’s practices governing any
  67. resulting collection and use of your personal information are
  68. disclosed in its Privacy Policy. It is your responsibility to
  69. also keep this information updated and accurate.
  70. </p>
  71. <p>
  72. We may also allow you to use a third party API to sign up for
  73. our Site, like GitHub Authentication. Whenever you use this
  74. feature, certain information will be transferred from the third
  75. party account and will populate your profile here at Musare. It
  76. is important to read and understand that third parties privacy
  77. and information sharing practices and principles. More
  78. importantly, you will be making certain information publicly
  79. viewable.
  80. </p>
  81. <p>
  82. If you register for any feature that requires a password and/or
  83. username, then you will select your own password at the time of
  84. registration (or we may send you an e-mail notification with a
  85. randomly generated initial password) and you agree that: (i) You
  86. will not use a username (or e-mail address) that is already
  87. being used by someone else, may impersonate another person,
  88. belongs to another person, violates the intellectual property or
  89. other right of any person or entity, or is offensive. We may
  90. reject the use of any password, username, or e-mail address for
  91. any other reason in our sole discretion; (ii) You will provide
  92. true, accurate, current, and complete registration information
  93. about yourself in connection with the registration process and,
  94. as permitted, to maintain and update it including on your
  95. Profile Page, continuously and promptly to keep it accurate,
  96. current, and complete; (iii) You are solely responsible for all
  97. activities that occur under your account, password, and username
  98. – whether or not you authorized the activity; (iv) You are
  99. solely responsible for maintaining the confidentiality of your
  100. password and for restricting access to your Device so that
  101. others may not access any password protected portion of the Site
  102. using your name, username, or password; (v) You will immediately
  103. notify us of any unauthorized use of your account, password, or
  104. username, or any other breach of security; and (vi) You will not
  105. sell, transfer, or assign your account or any account rights.
  106. </p>
  107. <p>
  108. We will not be liable for any loss or damage (of any kind and
  109. under any legal theory) to you or any third party arising from
  110. your inability or failure for any reason to comply with any of
  111. the foregoing obligations.
  112. </p>
  113. <p>
  114. If any information that you provide, or if we have reasonable
  115. grounds to suspect that any information that you provide, is
  116. false, inaccurate, outdated, incomplete, or violates these
  117. Terms, any Additional Terms, or any applicable law, then we may
  118. suspend or terminate your account. We also reserve the more
  119. general and broad right to terminate your account or suspend or
  120. otherwise deny you access to it or its benefits – all in our
  121. sole discretion, for any reason, and without advance notice or
  122. liability.
  123. </p>
  124. <p>
  125. Your Site page where you maintain a profile (“Profile Page”) may
  126. not include any form of prohibited User-Generated Content
  127. (defined below), as outlined in Section 6 below. Without
  128. limiting the foregoing, Profile Pages may not include content
  129. that you are attempting to sell through the Site, and cannot be
  130. used to conduct commercial activities, including, but not
  131. limited to, transactions, advertising, fundraising, contests or
  132. other promotions absent our prior written consent. We may offer
  133. you the ability to set preferences relating to your profile or
  134. Site activities, but settings may not become effective
  135. immediately or be error free, and options may change from
  136. time-to-time. We assume no responsibility or liability for
  137. users’ Profile material.
  138. </p>
  139. <p>
  140. Profile Pages may only be set up by an authorized representative
  141. of the individual that is the subject of the Profile Page. We do
  142. not review Profile Pages to determine if they were created by an
  143. appropriate party, and we are not responsible for any
  144. unauthorized Profile Pages that may appear on the Site. If there
  145. is any dispute as to whether a Profile Page has been created or
  146. is being maintained by an authorized representative of the
  147. individual who is the subject of that Profile Page, then we
  148. shall have the sole right, but are not obligated, to resolve
  149. such dispute as we determine is appropriate in our sole
  150. discretion. Such resolution may include, without limitation,
  151. deleting or disabling access to Profile Pages, or any portion
  152. thereof, at any time without notice.
  153. </p>
  154. <h4>
  155. 4. Site Content, Ownership, Limited License and Rights of Others
  156. </h4>
  157. <p>
  158. <b>A. Content.</b> The Site contains a variety of: (i) materials
  159. and other items relating to Musare and its products and
  160. services, and similar items from our licensors and other third
  161. parties, including all layout, information, articles, posts,
  162. text, data, files, images, scripts, designs, graphics, button
  163. icons, instructions, illustrations, photographs, audio clips,
  164. music, sounds, pictures, videos, advertising copy, URLs,
  165. technology, software, interactive features, the “look and feel”
  166. of the Site, and the compilation, assembly, and arrangement of
  167. the materials of the Site and any and all copyrightable material
  168. (including source and object code); (ii) trademarks, logos,
  169. trade names, trade dress, service marks, and trade identities of
  170. various parties, including those of Musare (collectively,
  171. “Trademarks”); and (iii) other forms of intellectual property
  172. (all of the foregoing, collectively “Content”).
  173. </p>
  174. <p>
  175. <b>B. Ownership.</b> The Site (including past, present, and
  176. future versions) and the Content are owned or controlled by
  177. Musare and our licensors and certain other third parties. All
  178. right, title, and interest in and to the Content available via
  179. the Site is the property of Musare or our licensors or certain
  180. other third parties, and is protected by U.S. and international
  181. copyright, trademark, trade dress, patent and/or other
  182. intellectual property and unfair competition rights and laws to
  183. the fullest extent possible. Musare owns the copyright in the
  184. selection, compilation, assembly, arrangement, and enhancement
  185. of the Content on the Site
  186. </p>
  187. <p>
  188. <b>C. Limited License.</b> Subject to your strict compliance
  189. with these Terms and the Additional Terms, Musare grants you a
  190. limited, non-exclusive, revocable, non-assignable, personal, and
  191. non-transferable license to: (i) download (temporary storage
  192. only), display, view, use, play, and/or print one copy of the
  193. Content (excluding source and object code in raw form or
  194. otherwise, other than as made available to access and use to
  195. enable display and functionality) on a personal computer, mobile
  196. phone or other wireless device, or other Internet enabled device
  197. (each, a “Device”) for your personal, non-commercial use only,
  198. and (ii) to use certain Content that we may from time to time
  199. make available on the Site explicitly for you for use as part of
  200. your User-Generated Content. The foregoing limited license: (i)
  201. does not give you any ownership of, or any other intellectual
  202. property interest in, any Content, and (ii) may be immediately
  203. suspended or terminated for any reason, in Musare’s sole
  204. discretion, and without advance notice or liability. In some
  205. instances, we may permit you to have greater access to and use
  206. of Content, subject to certain Additional Terms.
  207. </p>
  208. <p>
  209. <b>D. Rights of Others.</b> In using the Site, you must respect
  210. the intellectual property and other rights of Musare and others.
  211. Your unauthorized use of Content may violate copyright,
  212. trademark, privacy, publicity, communications, and other laws,
  213. and any such use may result in your personal liability,
  214. including potential criminal liability. Musare respects the
  215. intellectual property rights of others. If you believe that your
  216. work has been infringed by means of an improper posting or
  217. distribution of it via the Site, then please see Section 8
  218. below.
  219. </p>
  220. <h4>5. Content You Submit</h4>
  221. <p>
  222. <b>A. General.</b> Musare may now or in the future offer users
  223. of the Site the opportunity to create, build, post, upload,
  224. display, publish, distribute, transmit, broadcast, or otherwise
  225. make available on or submit through the Site (collectively,
  226. “submit”) messages, avatars, text, illustrations, files, images,
  227. graphics, photos, comments, responses, sounds, music, videos,
  228. information, content, ratings, reviews, data, questions,
  229. suggestions, personally identifiable information, or other
  230. information or materials and the ideas contained therein
  231. (collectively, “User-Generated Content”). Musare may allow you
  232. to do this through forums, blogs, message boards, social
  233. networking environments, content creation tools, gameplay,
  234. social communities, contact us tools, e-mail, and other
  235. communications functionality. Subject to the rights and license
  236. you grant in these Terms, you retain whatever legally cognizable
  237. right, title, and interest that you have in your User-Generated
  238. Content and you remain ultimately responsible for it.
  239. </p>
  240. <p>
  241. <b>B. Non-Confidentiality of Your User-Generated Content.</b>
  242. Except as otherwise described in the Site’s posted Privacy
  243. Policy or any Additional Terms, you agree that: (a) your
  244. User-Generated Content will be treated as non-confidential –
  245. regardless of whether you mark them “confidential,”
  246. “proprietary,” or the like – and will not be returned, and (b)
  247. Musare does not assume any obligation of any kind to you or any
  248. third party with respect to your User-Generated Content. Upon
  249. Musare’s request, you will furnish us with any documentation
  250. necessary to substantiate the rights to such content and to
  251. verify your compliance with these Terms or any Additional Terms.
  252. You acknowledge that the Internet and mobile communications may
  253. be subject to breaches of security and that you are aware that
  254. submissions of User-Generated Content may not be secure, and you
  255. will consider this before submitting any User-Generated Content
  256. and do so at your own risk. In your communications with Musare,
  257. please keep in mind that we do not seek any unsolicited ideas or
  258. materials for products or services, or even suggested
  259. improvements to products or services, including, without
  260. limitation, ideas, concepts, inventions, or designs for music,
  261. web sites, apps, books, scripts, screenplays, motion pictures,
  262. television shows, theatrical productions, software or otherwise
  263. (collectively, “Unsolicited Ideas and Materials”). Any
  264. Unsolicited Ideas and Materials you post on or send to us via
  265. the Site are deemed User-Generated Content and licensed to us as
  266. set forth below. In addition, Musare retains all of the rights
  267. held by members of the general public with regard to your
  268. Unsolicited Ideas and Materials. Musare’s receipt of your
  269. Unsolicited Ideas and Materials is not an admission by Musare of
  270. their novelty, priority, or originality, and it does not impair
  271. Musare’s right to contest existing or future intellectual
  272. property rights relating to your Unsolicited Ideas and
  273. Materials.
  274. </p>
  275. <p>
  276. <b>C. License to Musare of Your User-Generated Content.</b>
  277. Except as otherwise described in any applicable Additional Terms
  278. (such as a contest official rules), which specifically govern
  279. the submission of your User-Generated Content, you hereby grant
  280. to Musare, the non-exclusive, unrestricted, unconditional,
  281. unlimited, worldwide, irrevocable, perpetual, and cost-free
  282. right and license to use, copy, record, distribute, reproduce,
  283. disclose, sell, re-sell, sublicense (through multiple levels),
  284. display, publicly perform, transmit, publish, broadcast,
  285. translate, make derivative works of, and otherwise use and
  286. exploit in any manner whatsoever, all or any portion of your
  287. User-Generated Content (and derivative works thereof), for any
  288. purpose whatsoever in all formats, on or through any means or
  289. medium now known or hereafter developed, and with any technology
  290. or devices now known or hereafter developed, and to advertise,
  291. market, and promote the same. Without limitation, the granted
  292. rights include the right to: (a) configure, host, index, cache,
  293. archive, store, digitize, compress, optimize, modify, reformat,
  294. edit, adapt, publish in searchable format, and remove such
  295. User-Generated Content and combine same with other materials,
  296. and (b) use any ideas, concepts, know-how, or techniques
  297. contained in any User-Generated Content for any purposes
  298. whatsoever, including developing, producing, and marketing
  299. products and/or services. You understand that in exercising such
  300. rights metadata, notices and content may be removed or altered,
  301. including copyright management information, and you consent
  302. thereto and represent and warrant you have all necessary
  303. authority to do so. In order to further effect the rights and
  304. license that you grant to Musare to your User-Generated Content,
  305. you also hereby grant to Musare, and agree to grant to Musare,
  306. the unconditional, perpetual, irrevocable right to use and
  307. exploit your name, persona, and likeness in connection with any
  308. User-Generated Content, without any obligation or remuneration
  309. to you. Except as prohibited by law, you hereby waive, and you
  310. agree to waive, any moral rights (including attribution and
  311. integrity) that you may have in any User-Generated Content, even
  312. if it is altered or changed in a manner not agreeable to you. To
  313. the extent not waivable, you irrevocably agree not to exercise
  314. such rights (if any) in a manner that interferes with any
  315. exercise of the granted rights. You understand that you will not
  316. receive any fees, sums, consideration, or remuneration for any
  317. of the rights granted in this Section 5(C).
  318. </p>
  319. <p>
  320. <b>D. Exclusive Right to Manage Our Site.</b> Musare may, but
  321. will not have any obligation to, review, monitor, display, post,
  322. store, maintain, accept, or otherwise make use of, any of your
  323. User-Generated Content, and Musare may, in its sole discretion,
  324. reject, delete, move, re-format, remove or refuse to post or
  325. otherwise make use of User-Generated Content without notice or
  326. any liability to you or any third party in connection with our
  327. operation of User-Generated Content venues in an appropriate
  328. manner. Without limitation, we may do so to address content that
  329. comes to our attention that we believe is offensive, obscene,
  330. lewd, lascivious, filthy, violent, harassing, threatening,
  331. abusive, illegal or otherwise objectionable or inappropriate, or
  332. to enforce the rights of third parties or these Terms or any
  333. applicable Additional Terms, including, without limitation, the
  334. content restrictions set forth below in Section 6. Such
  335. User-Generated Content submitted by you or others need not be
  336. maintained on the Site by us for any period of time and you will
  337. not have the right, once submitted, to access, archive,
  338. maintain, or otherwise use such User-Generated Content on the
  339. Site or elsewhere.
  340. </p>
  341. <p>
  342. <b
  343. >E. Representations and Warranties Related to Your
  344. User-Generated Content.</b
  345. >
  346. Each time you submit any User-Generated Content, you represent
  347. and warrant that you are at least the age of majority in the
  348. jurisdiction in which you reside and are the parent or legal
  349. guardian, or have all proper consents from the parent or legal
  350. guardian, of any minor who is depicted in or contributed to any
  351. User-Generated Content you submit, and that, as to that
  352. User-Generated Content, (a) you are the sole author and owner of
  353. the intellectual property and other rights to the User-Generated
  354. Content, or you have a lawful right to submit the User-Generated
  355. Content and grant Musare the rights to it that you are granting
  356. by these Terms and any Additional Terms, all without any Musare
  357. obligation to obtain consent of any third party and without
  358. creating any obligation or liability of Musare; (b) the
  359. User-Generated Content is accurate; (c) the User-Generated
  360. Content does not and, as to Musare’s permitted uses and
  361. exploitation set forth in these Terms, will not infringe any
  362. intellectual property or other right of any third party; and (d)
  363. the User-Generated Content will not violate these Terms
  364. (including the Rules) or any Additional Terms, or cause injury
  365. or harm to any person.
  366. </p>
  367. <p>
  368. <b>F. Enforcement.</b> Musare has no obligation to monitor or
  369. enforce your intellectual property rights to your User-Generated
  370. Content, but you grant us the right to protect and enforce our
  371. rights to your User-Generated Content, including by bringing and
  372. controlling actions in your name and on your behalf (at Musare’s
  373. cost and expense, to which you hereby consent and irrevocably
  374. appoint Musare as your attorney-in-fact, with the power of
  375. substitution and delegation, which appointment is coupled with
  376. an interest).
  377. </p>
  378. <h4>6. Our Rules</h4>
  379. <p>
  380. We may, but are not obligated to, provide our users with the
  381. ability to post and receive messages from other Musare-listed
  382. users or allow you to participate in video or live chats with
  383. your friends or other users. If we do, you will not use the
  384. messaging system or your username to spam, defame, harass, or do
  385. anything we find to be objectionable (which is up to us),
  386. including, but not limited to, language that attacks or demeans
  387. a group based on race or ethnic origin, religion, disability,
  388. gender, age, veteran status and sexual orientation or gender
  389. identity. It is your responsibility to maintain proper
  390. etiquette, and we reserve the right to terminate the account for
  391. anyone who violates our policies. We also do not monitor any
  392. particular chat, but reserve the right to edit, modify, ban, or
  393. filter any User-Generated Content or username for any reason. If
  394. someone posts something that is offensive or objectionable
  395. please let us know and we will do our best to accommodate you.
  396. We do not, however, assume any obligation to remove such
  397. User-Generated Content.
  398. </p>
  399. <p>
  400. You may share videos and music that is hosted on a third party
  401. website (i.e., Youtube, Soundcloud, etc.) but only if it does
  402. not conflict with their terms or any applicable law. You may
  403. not, however, share, post or otherwise communicate any content
  404. (video, audio, or text) that is unlawful, threatening, violent,
  405. pornographic, harassing, obscene, racist, defamatory, or
  406. otherwise objectionable. We reserve the right to determine what
  407. is objectionable at our sole discretion.
  408. </p>
  409. <p>In addition to the above, you agree that you will not:</p>
  410. <ul>
  411. <li>
  412. * Infringe on anyone's intellectual property or other legal
  413. rights (i.e. invasion of privacy).
  414. </li>
  415. <li>
  416. * Hack, crack, phish, SQL inject, or otherwise compromise
  417. the security of our website or its servers.
  418. </li>
  419. <li>
  420. * Solicit business, spam, or otherwise use our service for
  421. commercial purposes unless expressly authorized by us.
  422. </li>
  423. <li>
  424. * Defraud or threaten any of our users through any method,
  425. whether it be through our website or through another method
  426. of communication.
  427. </li>
  428. <li>
  429. * Create more than one active user account, or create a new
  430. user account if we have previously banned, suspended, or
  431. otherwise terminated your first user account.
  432. </li>
  433. <li>* Harass anyone.</li>
  434. <li>* Impersonate anyone.</li>
  435. <li>* Do anything unlawful or bad (we define what is bad)</li>
  436. </ul>
  437. <p>
  438. How we react to your violation of any of these Terms does not
  439. mean we will treat everyone the same. We may do anything from
  440. giving you a spoken warning, temporarily suspend your account,
  441. ban you, or take you to Court.
  442. </p>
  443. <h4>7. Sharing Videos and Music</h4>
  444. <p>
  445. Musare may permit you to share videos and music with your
  446. friends. We may also allow you to use video or live chat to
  447. discuss the video or music as it is playing. Please note,
  448. however, that we do not host any User-Generated Content
  449. ourselves. Instead, you must use our platform to share your
  450. video or music from the third party video hosting website. You
  451. agree that you will be responsible for the User-Generated
  452. Content you upload, and that nothing you share will infringe on
  453. the rights of anyone. Furthermore, you warrant you have the
  454. ability to grant the right to share such User-Generated Content
  455. without any obligation to pay any royalties to any copyright
  456. owner. You will be responsible for the payment of any royalty
  457. and any associated damages, fees, fines or penalties, in the
  458. event we find out you have shared User-Generated Content in
  459. violation of another’s intellectual property rights.
  460. </p>
  461. <p>
  462. Not to sound like a broken record, but we have to make sure you
  463. understand that you will be responsible for any User-Generated
  464. Content that you upload, including the consequences of any
  465. infringement. By sharing any User-Generated Content you are, in
  466. essence, utilizing a third party license to distribute and share
  467. User-Generated Content. You may only do this if the Site from
  468. which you are linking has given you a license to share such
  469. User-Generated Content in the manner contemplated. If it does
  470. not, then you cannot share that User-Generated Content.
  471. </p>
  472. <p>
  473. For further clarity, you must only distribute videos or music
  474. that you are legally permitted to...meaning you cannot share
  475. videos or music that violates anyone’s third party intellectual
  476. property rights. For example, you must not share anything that
  477. the third party site would prohibit. In addition you will not
  478. modify, edit, disassemble, or create derivatives of anything
  479. that you do not own the rights to.
  480. </p>
  481. <p>
  482. Should you believe that your rights are being infringed on by,
  483. please note that we are not responsible for hosting it and it is
  484. the third party site which is serving the file, and until is
  485. removed from the third party site, it will still be available
  486. through their search engine. As such, copyright notices should
  487. be sent to both us and the third party site, and you should
  488. visit their terms for more information.
  489. </p>
  490. <h4>8. DMCA Notices</h4>
  491. <p>
  492. We will respond appropriately to notices of alleged copyright
  493. infringement that comply with the U.S. Digital Millennium
  494. Copyright Act (“DMCA”), as set forth below. We have registered a
  495. Copyright Agent with the United States Copyright Office, which
  496. limits our liability under the DMCA. If you believe that your
  497. copyright has been infringed, please send us a message that
  498. contains:
  499. </p>
  500. <ul>
  501. <li>* Your name.</li>
  502. <li>
  503. * The name of the party whose copyright has been infringed,
  504. if different from your name.
  505. </li>
  506. <li>
  507. * The name and description of the work that is being
  508. infringed.
  509. </li>
  510. <li>* The location on our website of the infringing copy.</li>
  511. <li>
  512. * A statement that you have a good faith belief that use of
  513. the copyrighted work described above is not authorized by
  514. the copyright owner (or by a third party who is legally
  515. entitled to do so on behalf of the copyright owner) and is
  516. not otherwise permitted by law.
  517. </li>
  518. <li>
  519. * A statement that you swear, under penalty of perjury, that
  520. the information contained in this notification is accurate
  521. and that you are the copyright owner or have an exclusive
  522. right in law to bring infringement proceedings with respect
  523. to its use.
  524. </li>
  525. </ul>
  526. <p>
  527. Musare’s designated Copyright Agent to receive notifications of
  528. claimed infringement is Musare, Inc., 5900 Wilshire Blvd, 21st
  529. Floor, Los Angeles, CA 90036 (Attn: Legal Department); email:
  530. musaremusic@gmail.com. For clarity, only DMCA notices should go
  531. to the Copyright Agent; am other feedback, comments, requests
  532. for technical support, and other communications should be
  533. directed to musare customer service.
  534. </p>
  535. <p>
  536. If sending the notification by e-mail, an electronic signature
  537. is acceptable.
  538. </p>
  539. <p>
  540. Upon notification of claimed infringement, we will respond
  541. expeditiously to remove, or disable access to, the material that
  542. is claimed to be infringing or to be the subject of infringing
  543. activity. We will also notify the person who posted, uploaded or
  544. otherwise placed the allegedly infringing material on the Site
  545. that we have removed or disabled access to such material.
  546. </p>
  547. <p>
  548. If you believe that material has been removed improperly, you
  549. must send a written counter notification to the Agent, and
  550. include:
  551. </p>
  552. <ul>
  553. <li>
  554. * a. a physical or electronic signature of the subscriber;
  555. </li>
  556. <li>
  557. * b. identification of the material that has been removed or
  558. to which access has been disabled and the location at which
  559. the material appeared before it was removed or access to it
  560. was disabled;
  561. </li>
  562. <li>
  563. * c. a statement under penalty of perjury that the
  564. subscriber has a good faith belief that the material was
  565. removed or disabled as a result of mistake or
  566. misidentification of the material to be removed or disabled;
  567. </li>
  568. <li>
  569. * d. the subscriber’s name, address, and telephone number,
  570. and a statement that the subscriber consents to the
  571. jurisdiction of Federal District Court for the judicial
  572. district in which the address is located, or if the
  573. subscriber’s address is outside of the United States, for
  574. any judicial district in which the service provider may be
  575. found, and that the subscriber will accept service of
  576. process from the person who provided the original
  577. notification or an agent of such person.
  578. </li>
  579. </ul>
  580. <p>
  581. Upon receipt of a counter notification complying with the
  582. foregoing requirements, we will promptly provide the person who
  583. I provided the original notification with a copy of the counter
  584. notification, and inform that person that we will replace the
  585. removed material or cease disabling access to it in ten (10)
  586. business days, unless we receive notice that the original
  587. notifier has notified the designated agent for the counter
  588. notifier that such person has filed an action seeking a court
  589. order to restrain the subscriber from engaging in infringing
  590. activity relating to the material on our system or network.
  591. </p>
  592. <p>
  593. It is our policy, in appropriate circumstances, to disable
  594. and/or terminate the accounts of users who are repeat
  595. infringers. It is also our policy to accommodate and not
  596. interfere with standard technical measures we determine are
  597. reasonable under the circumstances, i.e., technical measures
  598. that are used by copyright owners to identify or protect
  599. copyrighted works. We retain the discretion to handle
  600. non-compliant notices in whatever manner appears to be
  601. reasonable given the circumstances presented. There are
  602. penalties for submission of misleading information in connection
  603. with the process described herein.
  604. </p>
  605. <h4>9. Points and Virtual Currency</h4>
  606. <p>
  607. The Site may include virtual, in-game currency (“Virtual
  608. Currency”), such as credits, coins, ranks (“Name Tags”), XP,
  609. cash, or points (e.g., Experience Points), that may be purchased
  610. with “real world” money or obtained through spending time on the
  611. Site or otherwise interacting with a third-party service.
  612. Virtual Currency may be used to purchase virtual, in-game
  613. digital items (“Virtual Goods”). Your purchase or award of
  614. Virtual Currency and Virtual Goods are merely a grant by us to a
  615. limited, non-exclusive, revocable, non-assignable, personal, and
  616. non-transferable right to use the Virtual Currency and Virtual
  617. Goods as part of the Site under these Terms and any applicable
  618. Additional Terms we provide at the time. Accordingly, you have
  619. no property, proprietary, intellectual property, ownership, or
  620. monetary interest in your Virtual Currency and Virtual Goods,
  621. which remain our Content and property. The right may be
  622. immediately suspended or terminated for any reason, in our sole
  623. discretion, and without advance notice or liability. We reserve
  624. the absolute right, at any time and in our sole discretion, to
  625. manage, regulate, control, modify or eliminate Virtual Currency
  626. and/or Virtual Goods.
  627. </p>
  628. <p>
  629. Virtual Currency or Virtual Goods cannot be redeemed by you for
  630. “real world” money, goods, or other items of monetary value from
  631. any party. Transfers of Virtual Currency or Virtual Goods by you
  632. outside of what we permit on the Site are strictly prohibited.
  633. This means you may not buy or sell Virtual Currency or Virtual
  634. Goods for “real world” money or otherwise exchange items for
  635. value outside of the Site. Any such attempted transfer will be
  636. null and void.
  637. </p>
  638. <p>
  639. You also agree that all sales of Virtual Currency and Virtual
  640. Goods are final unless otherwise detailed in the applicable
  641. Additional Terms. No refunds will be given by us. You agree that
  642. you will be solely responsible for paying any applicable taxes
  643. related to the acquisition of, use of or access to Virtual
  644. Currency or Virtual Goods.
  645. </p>
  646. <p>
  647. We have the absolute right, but not the obligation, to manage,
  648. regulate, control, modify, delete, alter, move, remove, transfer
  649. and/or eliminate Virtual Currency and/or Virtual Goods, in whole
  650. or in part, as we see fit, at any time in our sole discretion,
  651. including the right to terminate or suspend your account or
  652. discontinue the Site (in whole or in part) for any reason, and
  653. we shall have no liability to you or anyone for the exercise of
  654. such rights. If we suspend or terminate any Virtual Currency or
  655. Virtual Goods, then you will forfeit the suspended or terminated
  656. subscription or items, except as may be set forth in any
  657. Additional Terms (such as any refund policies that may apply to
  658. the Site). Likewise, except as may be set forth in any
  659. Additional Terms or as required by applicable law, we are not
  660. responsible for repairing or replacing same, or providing you
  661. any credit or refund or any other sum, in the event of our
  662. modification of any Virtual Currency or Virtual Goods, or for
  663. loss or damage due to error, or any other reason.
  664. </p>
  665. <p>
  666. As we feel necessary, in our sole and absolute discretion, we
  667. may limit the total amount of Virtual Currency that may be
  668. purchased at any one time, and/or limit the total Virtual
  669. Currency that may be held in your account in the aggregate.
  670. Additionally, price and availability of certain types of Virtual
  671. Currency and/or Virtual Goods are subject to change without
  672. notice. You are solely responsible for verifying that the proper
  673. amount of Virtual Currency has been added to or deducted from
  674. your account during any given transaction, so please notify us
  675. immediately should you believe that a mistake has been made with
  676. respect to your Virtual Currency balance. If we choose, in our
  677. discretion, to investigate your claim, in doing so, may request
  678. some additional information and/or documentation to verify your
  679. claim. We will let you know the results of any investigation,
  680. however, you acknowledge and agree that we have the sole and
  681. absolute discretion in determining whether or not your claim is
  682. valid, and if so, the appropriate remedy.
  683. </p>
  684. <p>
  685. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE
  686. AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
  687. INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE
  688. THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE
  689. OWNED BY AND INURE TO THE BENEFIT OF MUSARE. YOU ACKNOWLEDGE AND
  690. AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER
  691. PROPRIETARY INTEREST IN THE VIRTUAL CURRENCY, VIRTUAL GOODS OR
  692. THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR
  693. PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS.
  694. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE
  695. DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR
  696. ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL
  697. CURRENCY, VIRTUAL GOODS, INCLUDING, BUT NOT LIMITED TO, THE
  698. DELETION OF THEREOF UPON THE TERMINATION, ABANDONMENT OR
  699. EXPIRATION OF YOUR ACCOUNT.
  700. </p>
  701. <h4>10. Terms of Sale</h4>
  702. <p><b>SOON TO COME</b></p>
  703. <h4>11. Disclaimer and Limitation of Liability</h4>
  704. <p>
  705. THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
  706. AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND
  707. OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
  708. PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
  709. WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
  710. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
  711. A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY
  712. WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR
  713. REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
  714. TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE
  715. CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT
  716. MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS
  717. TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
  718. THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND
  719. AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
  720. OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR
  721. OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
  722. FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
  723. RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO
  724. ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
  725. FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
  726. EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
  727. EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS
  728. MAY NOT APPLY TO YOU.
  729. </p>
  730. <p>
  731. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
  732. NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES,
  733. OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE
  734. LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
  735. CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
  736. TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
  737. GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
  738. INTO BY MEANS OF OR THROUGH THE SITE, OR RESULTING FROM
  739. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
  740. DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT
  741. OR RECEIVED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
  742. PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN
  743. ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE
  744. ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA,
  745. INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE
  746. DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR EXCLUSIVE
  747. REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. SOME
  748. JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
  749. LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF
  750. THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO
  751. YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE
  752. USE OF THE SITE.
  753. </p>
  754. <p>
  755. Without limiting any of the foregoing, we are not responsible
  756. for any of your materials and data residing on our network
  757. hardware. You are responsible for backing-up your materials and
  758. data that may reside on our network, whether or not such
  759. materials and data are produced through the use of the Site.
  760. </p>
  761. <h4>12. Indemnity</h4>
  762. <p>
  763. You agree to indemnify, defend and hold harmless us, our
  764. parents, subsidiaries, affiliates, officers, directors,
  765. employees, members, partners, agents, and suppliers, and their
  766. respective affiliates, officers, directors, employees, members,
  767. shareholders, partners, and agents, from any claim, action,
  768. demand, liability, judgment, or damage, including reasonable
  769. attorneys’ fees, arising out of or related to your use of the
  770. Site and/or your violation of these Terms, including, without
  771. limitation, the infringement by you in your User-Generated
  772. Content or any other user of your account, of any intellectual
  773. property or other right of any person or entity. We may, at our
  774. sole discretion, assume the exclusive defense and control of any
  775. matter subject to indemnification by you. The assumption of such
  776. defense or control by us, however, shall not excuse any of your
  777. indemnity obligations.
  778. </p>
  779. <h4>13. Choice of Law</h4>
  780. <p>
  781. We wish to make things as simple as possible in applying this
  782. Agreement to our users, and we can’t do that if a different
  783. jurisdiction’s law applies for each user who signs up based on
  784. where they live. Therefore, you agree that this Agreement is
  785. subject solely to and shall be interpreted in accordance with
  786. the laws applicable in the State of California, USA, without
  787. regard to its conflicts of law provisions.
  788. </p>
  789. <h4>14. Dispute Resolution</h4>
  790. <p>
  791. Certain portions of this Section 14 are deemed to be a “written
  792. agreement to arbitrate” pursuant to the Federal Arbitration Act.
  793. You and Musare agree that we intend that this Section 14
  794. satisfies the “writing” requirement of the Federal Arbitration
  795. Act. This Section 14 can only be amended by mutual agreement
  796. </p>
  797. <p>
  798. <b>A. First – Try To Resolve Disputes and Excluded Disputes.</b>
  799. If any controversy, allegation, or claim arises out of or
  800. relates to the Site, the Content, your User-Generated Content,
  801. these Terms, or any Additional Terms, whether heretofore or
  802. hereafter arising (collectively, “Dispute”), or to any of
  803. Musare’s actual or alleged intellectual property rights (an
  804. “Excluded Dispute”, which includes those actions set forth in
  805. Section 14.D), then you and we agree to send a written notice to
  806. the other providing a reasonable description of the Dispute or
  807. Excluded Dispute, along with a proposed resolution of it. Our
  808. notice to you will be sent to you based on the most recent
  809. contact information that you provide us. But if no such
  810. information exists or if such information is not current, then
  811. we have no obligation under this Section 14.A. Your notice to us
  812. must be sent to: Musare, Inc., 5900 Wilshire Blvd, 21st Floor,
  813. Los Angeles, CA 90036 (Attn: Legal Department). For a period of
  814. sixty (60) days from the date of receipt of notice from the
  815. other party, Musare and you will engage in a dialogue in order
  816. to attempt to resolve the Dispute or Excluded Dispute, though
  817. nothing will require either you or Musare to resolve the Dispute
  818. or Excluded Dispute on terms with respect to which you and
  819. Musare, in each of our sole discretion, are not comfortable.
  820. </p>
  821. <p><b>B. Forums For Alternative Dispute Resolution.</b></p>
  822. <p>
  823. <b>(i) Arbitration.</b> If we cannot resolve a Dispute as set
  824. forth in Section 14.A within sixty (60) days of receipt of the
  825. notice, then either you or we may submit the Dispute to formal
  826. arbitration in accordance with this Section 14.B. If we cannot
  827. resolve an Excluded Dispute as set forth in Section 14.A within
  828. sixty (60) days of receipt of the notice, then either you or we
  829. may submit the Excluded Dispute to formal arbitration only if
  830. you and Musare consent, in a writing signed by you and an
  831. officer or legal representative of Musare, to have that Excluded
  832. Dispute subject to arbitration. In such a case, (and only in
  833. such a case), that Excluded Dispute will be deemed a “Dispute”
  834. for the remainder of this Section 14.B.
  835. </p>
  836. <p>
  837. Upon expiration of the applicable sixty-day period and to the
  838. fullest extent permitted by applicable law, a Dispute will be
  839. resolved solely by binding arbitration in accordance with the
  840. then-current Commercial Arbitration Rules of the American
  841. Arbitration Association (“AAA”). If the Dispute has a claimed
  842. value of not more than $250,000, then the arbitration will be
  843. heard and determined by a single neutral arbitrator who is a
  844. retired judge or a lawyer with not less than fifteen (15) years’
  845. experience as a practicing member of the bar in the substantive
  846. practice area related to the Dispute, who will administer the
  847. proceedings in accordance with the AAA’s Supplementary
  848. Procedures for Consumer Related Disputes. If the Dispute has a
  849. claimed value of more than $250,000, or if Musare elects, in its
  850. sole discretion, to bear the costs of arbitration in excess of
  851. those that would occur for a proceeding before a single neutral
  852. arbitrator, then the arbitration will be heard and determined by
  853. a three-member panel, with one member to be selected by each
  854. party and the third (who will be chair of the panel) selected by
  855. the two party-appointed members or by the AAA in accordance with
  856. the Commercial Arbitration Rules. The arbitrator or arbitration
  857. panel, as the case may be, will apply applicable law and the
  858. provisions of these Terms and any Additional Terms, will
  859. determine any Dispute according to the applicable law and facts
  860. based upon the record and no other basis, and will issue a
  861. reasoned award. If you and Musare do not both consent to the
  862. arbitration of an Excluded Dispute as set forth in the
  863. immediately preceding paragraph of this Section 14.B(i), then
  864. this paragraph and the remainder of this Section 14.B will not
  865. apply to the Excluded Dispute.
  866. </p>
  867. <p>
  868. If a party properly submits the Dispute to the AAA for formal
  869. arbitration and the AAA is unwilling or unable to set a hearing
  870. date within sixty (60) days of the filing of a “demand for
  871. arbitration,” then either party can elect to have the
  872. arbitration administered by the Judicial Arbitration and
  873. Mediation Services Inc. (“JAMS”) using JAMS’ streamlined
  874. Arbitration Rules and Procedures, or by any other arbitration
  875. administration Site that you and an officer or legal
  876. representative of Musare consent to in writing. The substantive
  877. practice area requirements for the arbitrator and the $250,000
  878. threshold for a the number of arbitrators assigned to the
  879. Dispute set forth in the paragraph above for the AAA arbitration
  880. will also apply to any such arbitration under JAMS or another
  881. arbitration Site.
  882. </p>
  883. <p>
  884. You can obtain AAA and JAMS procedures, rules, and fee
  885. information as follows:
  886. </p>
  887. <p>
  888. AAA: 800.778.7879 http://www.adr.org <br />
  889. JAMS: 949.224.1810 http://www.jamsadr.com
  890. </p>
  891. <p>
  892. <b
  893. >(ii) Nature, Limitations, and Location of Alternative
  894. Dispute Resolution.</b
  895. >
  896. In arbitration, as with a court, the arbitrator must honor the
  897. terms of these Terms (and any Additional Terms) and can award
  898. the prevailing party damages and other relief (including
  899. attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO
  900. JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION
  901. OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C)
  902. JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All
  903. parties to the arbitration will have the right, at their own
  904. expense, to be represented by an attorney or other advocate of
  905. their choosing. If an in-person arbitration hearing is required,
  906. then it will be conducted in the “metropolitan statistical area”
  907. (as defined by the U.S. Census Bureau) where you are a resident
  908. at the time the Dispute is submitted to arbitration. You and we
  909. will pay the administrative and arbitrator’s fees and other
  910. costs in accordance with the applicable arbitration rules; but
  911. if applicable arbitration rules or laws require Musare to pay a
  912. greater portion or all of such fees and costs in order for this
  913. Section 14 to be enforceable, then Musare will have the right to
  914. elect to pay the fees and costs and proceed to arbitration, or
  915. to decline to do so and have the matter resolved through the
  916. courts. Discovery will be permitted pursuant to the applicable
  917. arbitration rules. The arbitrator’s decision must consist of a
  918. written statement stating the disposition of each claim of the
  919. Dispute, and must provide a statement of the essential findings
  920. and conclusions on which the decision and any award (if any) is
  921. based. Judgment on the arbitration decision and award (if any)
  922. may be entered in or by any court that has jurisdiction over the
  923. parties pursuant to Section 9 of the Federal Arbitration Act.
  924. </p>
  925. <p>
  926. <b>C. Limited Time To File Claims.</b> TO THE FULLEST EXTENT
  927. PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A
  928. DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN
  929. YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET
  930. FORTH IN SECTION 14.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE
  931. ARISES – OR IT WILL BE FOREVER BARRED.
  932. </p>
  933. <p>
  934. <b>D. Injunctive Relief.</b> The foregoing provisions of this
  935. Section 14 will not apply to any legal action taken by Musare to
  936. seek an injunction or other equitable relief in connection with,
  937. any loss, cost, or damage (or any potential loss, cost, or
  938. damage) relating to the Site, any Content, your User-Generated
  939. Content and/or Musare’s intellectual property rights (including
  940. such Musare may claim that may be in dispute), Musare’s
  941. operations, and/or Musare’s products or services.
  942. </p>
  943. <p>
  944. <b
  945. >E. Small Claims Matters Are Excluded From Arbitration
  946. Requirement.</b
  947. >
  948. Notwithstanding the foregoing, either of us may bring qualifying
  949. claim of Disputes (but not Excluded Disputes) in small claims
  950. court, subject to Section 14.G.
  951. </p>
  952. <p>
  953. <b>F. No Class Action Matters.</b> Disputes will be arbitrated
  954. only on an individual basis and will not be consolidated with
  955. any other arbitration or other proceedings that involve any
  956. claim or controversy of any other party. But if, for any reason,
  957. any court with competent jurisdiction or any arbitrator selected
  958. pursuant to Section 14.B(i) holds that this restriction is
  959. unconscionable or unenforceable, then our agreement in Section
  960. 14.B to arbitrate will not apply and the Dispute must be brought
  961. exclusively in court pursuant to Section 14.G.
  962. </p>
  963. <p>
  964. <b>G. Federal and State Courts in Los Angeles.</b> Except to the
  965. extent that arbitration is required in Section 14.B, and except
  966. as to the enforcement of any arbitration decision or award, any
  967. action or proceeding relating to any Dispute or Excluded Dispute
  968. may only be instituted in state or federal court in Los Angeles
  969. County, California. Accordingly, you and Musare consent to the
  970. exclusive personal jurisdiction and venue of such courts for
  971. such matters.
  972. </p>
  973. <h4>15. Waiver of Injunctive or Other Equitable Relief</h4>
  974. <p>
  975. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR
  976. INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE
  977. LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR
  978. SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE
  979. RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR
  980. CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT
  981. BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY
  982. INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY
  983. WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT,
  984. SITE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR
  985. CONTROLLED BY MUSARE (INCLUDING YOUR LICENSED USER-GENERATED
  986. CONTENT) OR A LICENSOR OF MUSARE.
  987. </p>
  988. <h4>16. Force Majeure</h4>
  989. <p>
  990. You agree that we are not responsible to you for anything that
  991. we may otherwise be responsible for, if it is the result of
  992. events beyond our control, including, but not limited to, acts
  993. of God, war, insurrection, riots, terrorism, crime, labor
  994. shortages (including lawful and unlawful strikes), any third
  995. party site being down, communication disruption, failure or
  996. shortage of infrastructure, zombie attacks, shortage of
  997. materials, or any other event beyond our control.
  998. </p>
  999. <h4>17. Cancellation of Service</h4>
  1000. <p>
  1001. You agree that we may cancel our service or the Site at any
  1002. time, for any reason, without warning or compensation, even if
  1003. we have been advised that it may result in a loss to you or any
  1004. other party.
  1005. </p>
  1006. <h4>18. Severability</h4>
  1007. <p>
  1008. In the event that a provision of this Agreement is found to be
  1009. unlawful or otherwise unenforceable, the Agreement will remain
  1010. in force as though it had been entered into without that
  1011. unlawful or unenforceable provision being included in it.
  1012. </p>
  1013. <h4>19. Update to Terms</h4>
  1014. <p>
  1015. These Terms (or if applicable Additional Terms), in the form
  1016. posted at the time of your use of the Site to which it applies,
  1017. shall govern such use (including transactions entered during
  1018. such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER
  1019. WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY
  1020. CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR
  1021. WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU
  1022. SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW
  1023. AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS
  1024. AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING
  1025. THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE
  1026. WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE
  1027. CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR
  1028. YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the
  1029. posted terms of Site and any applicable Additional Terms each
  1030. time you use the Site (at least prior to each transaction or
  1031. submission). The Additional Terms will be effective as to new
  1032. use and transactions as of the time that we post them, or such
  1033. later date as may be specified in them or in other notice to
  1034. you. However, the Terms (and any applicable Additional Terms)
  1035. that applied when you previously used the Site will continue to
  1036. apply to such prior use (i.e., changes and additions are
  1037. prospective only) unless mutually agreed. In the event any
  1038. notice to you of new, revised or additional terms is determined
  1039. by a tribunal to be insufficient, the prior agreement shall
  1040. continue until sufficient notice to establish a new agreement
  1041. occurs. You should frequently check the home page, your message
  1042. account and the e-mail you associated with your account for
  1043. notices, all of which you agree are reasonable manners of
  1044. providing you notice. You can reject any new, revised or
  1045. Additional Terms by discontinuing use of the Site and related
  1046. services.
  1047. </p>
  1048. <h4>
  1049. 20. Investigations; Cooperation with Law Enforcement;
  1050. Termination; Survival
  1051. </h4>
  1052. <p>
  1053. Musare reserves the right, without any limitation, to: (i)
  1054. investigate any suspected breaches of its Site security or its
  1055. information technology or other systems or networks, (ii)
  1056. investigate any suspected breaches of these Terms and any
  1057. Additional Terms, (iii) investigate any information obtained by
  1058. Musare in connection with reviewing law enforcement databases or
  1059. complying with criminal laws, (iv) involve and cooperate with
  1060. law enforcement authorities in investigating any of the
  1061. foregoing matters, (v) prosecute violators of these Terms and
  1062. any Additional Terms, and (vi) discontinue the Site, in whole or
  1063. in part, or, except as may be expressly set forth in any
  1064. Additional Terms, suspend or terminate your access to it, in
  1065. whole or in part, including any user accounts or registrations,
  1066. at any time, without notice, for any reason and without any
  1067. obligation to you or any third party. Any suspension or
  1068. termination will not affect your obligations to Musare under
  1069. these Terms or any Additional Terms. Upon suspension or
  1070. termination of your access to the Site, or upon notice from
  1071. Musare, all rights granted to you under these Terms or any
  1072. Additional Terms will cease immediately, and you agree that you
  1073. will immediately discontinue use of the Site. The provisions of
  1074. these Terms and any Additional Terms, which by their nature
  1075. should survive your suspension or termination will survive,
  1076. including the rights and licenses you grant to Musare in these
  1077. Terms, as well as the indemnities, releases, disclaimers, and
  1078. limitations on liability and the provisions regarding
  1079. jurisdiction, choice of law, no class action, and mandatory
  1080. arbitration.
  1081. </p>
  1082. </div>
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