Terms.vue 56 KB

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