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@@ -57,6 +57,27 @@
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<p>Should you believe that your rights are being infringed on by, please note that we are not responsible for hosting it and it is the third party site which is serving the file, and until is removed from the third party site, it will still be available through their search engine. As such, copyright notices should be sent to both us and the third party site, and you should visit their terms for more information.</p>
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<h4 class="center-align">8. DMCA Notices</h4>
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+ <p>We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the DMCA. If you believe that your copyright has been infringed, please send us a message that contains:</p>
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+ <ul>
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+ <li>* Your name.</li>
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+ <li>* The name of the party whose copyright has been infringed, if different from your name.</li>
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+ <li>* The name and description of the work that is being infringed.</li>
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+ <li>* The location on our website of the infringing copy.</li>
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+ <li>* A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.</li>
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+ <li>* A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.</li>
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+ </ul>
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+ <p>Musare’s designated Copyright Agent to receive notifications of claimed infringement is Musare, Inc., 5900 Wilshire Blvd, 21st Floor, Los Angeles, CA 90036 (Attn: Legal Department); email: musaremusic@gmail.com. For clarity, only DMCA notices should go to the Copyright Agent; am other feedback, comments, requests for technical support, and other communications should be directed to musare customer service.</p>
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+ <p>If sending the notification by e-mail, an electronic signature is acceptable.</p>
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+ <p>Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded or otherwise placed the allegedly infringing material on the Site that we have removed or disabled access to such material.</p>
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+ <p>If you believe that material has been removed improperly, you must send a written counter notification to the Agent, and include:</p>
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+ <ul>
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+ <li>* a. a physical or electronic signature of the subscriber;</li>
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+ <li>* b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;</li>
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+ <li>* c. a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;</li>
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+ <li>* d. the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.</li>
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+ </ul>
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+ <p>Upon receipt of a counter notification complying with the foregoing requirements, we will promptly provide the person who I provided the original notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days, unless we receive notice that the original notifier has notified the designated agent for the counter notifier that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.</p>
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+ <p>It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. It is also our policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. We retain the discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented. There are penalties for submission of misleading information in connection with the process described herein.</p>
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<h4 class="center-align">9. Points and Virtual Currency</h4>
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<p>The Site may include virtual, in-game currency (“Virtual Currency”), such as credits, coins, ranks (“Name Tags”), XP, cash, or points (e.g., Experience Points), that may be purchased with “real world” money or obtained through spending time on the Site or otherwise interacting with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items (“Virtual Goods”). Your purchase or award of Virtual Currency and Virtual Goods are merely a grant by us to a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Virtual Currency and Virtual Goods as part of the Site under these Terms and any applicable Additional Terms we provide at the time. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Virtual Currency and Virtual Goods, which remain our Content and property. The right may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. We reserve the absolute right, at any time and in our sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods.</p>
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@@ -67,6 +88,7 @@
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<p>NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MUSARE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL CURRENCY, VIRTUAL GOODS OR THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL CURRENCY, VIRTUAL GOODS, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF THEREOF UPON THE TERMINATION, ABANDONMENT OR EXPIRATION OF YOUR ACCOUNT.</p>
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<h4 class="center-align">10. Terms of Sale</h4>
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+ <p class="red-text"><b>SOON TO COME</b></p>
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<h4 class="center-align">11. Disclaimer and Limitation of Liability</h4>
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<p>THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p>
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