More updates to terms

app/client/templates/terms.html

@@ -48,7 +48,7 @@
             <li>* Impersonate anyone.</li>
             <li>* Do anything unlawful or bad (we define what is bad)</li>
         </ul>
-        <p>How we react to your violation of any of these Terms does not mean we will treat everyone the same. We may do anything from yell at you, temporarily suspend your account, ban you, or haul you into Court.</p>
+        <p>How we react to your violation of any of these Terms does not mean we will treat everyone the same. We may do anything from giving you a spoken warning, temporarily suspend your account, ban you, or take you to Court.</p>
 
         <h4 class="center-align">7. Sharing Videos and Music</h4>
         <p>Musare may permit you to share videos and music with your friends. We may also allow you to use video or live chat to discuss the video or music as it is playing. Please note, however, that we do not host any User-Generated Content ourselves. Instead, you must use our platform to share your video or music from the third party video hosting website. You agree that you will be responsible for the User-Generated Content you upload, and that nothing you share will infringe on the rights of anyone. Furthermore, you warrant you have the ability to grant the right to share such User-Generated Content without any obligation to pay any royalties to any copyright owner. You will be responsible for the payment of any royalty and any associated damages, fees, fines or penalties, in the event we find out you have shared User-Generated Content in violation of another’s intellectual property rights.</p>
@@ -59,6 +59,12 @@
         <h4 class="center-align">8. DMCA Notices</h4>
 
         <h4 class="center-align">9. Points and Virtual Currency</h4>
+        <p>The Site may include virtual, in-game currency (“Virtual Currency”), such as credits, coins, ranks (“Name Tags”), XP, cash, or points (e.g., Experience Points), that may be purchased with “real world” money or obtained through spending time on the Site or otherwise interacting with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items (“Virtual Goods”). Your purchase or award of Virtual Currency and Virtual Goods are merely a grant by us to a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Virtual Currency and Virtual Goods as part of the Site under these Terms and any applicable Additional Terms we provide at the time. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Virtual Currency and Virtual Goods, which remain our Content and property. The right may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. We reserve the absolute right, at any time and in our sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods.</p>
+        <p>Virtual Currency or Virtual Goods cannot be redeemed by you for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods by you outside of what we permit on the Site are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Site. Any such attempted transfer will be null and void.</p>
+        <p>You also agree that all sales of Virtual Currency and Virtual Goods are final unless otherwise detailed in the applicable Additional Terms. No refunds will be given by us. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to Virtual Currency or Virtual Goods.</p>
+        <p>We have the absolute right, but not the obligation, to manage, regulate, control, modify, delete, alter, move, remove, transfer and/or eliminate Virtual Currency and/or Virtual Goods, in whole or in part, as we see fit, at any time in our sole discretion, including the right to terminate or suspend your account or discontinue the Site (in whole or in part) for any reason, and we shall have no liability to you or anyone for the exercise of such rights. If we suspend or terminate any Virtual Currency or Virtual Goods, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to the Site). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any Virtual Currency or Virtual Goods, or for loss or damage due to error, or any other reason.</p>
+        <p>As we feel necessary, in our sole and absolute discretion, we may limit the total amount of Virtual Currency that may be purchased at any one time, and/or limit the total Virtual Currency that may be held in your account in the aggregate. Additionally, price and availability of certain types of Virtual Currency and/or Virtual Goods are subject to change without notice. You are solely responsible for verifying that the proper amount of Virtual Currency has been added to or deducted from your account during any given transaction, so please notify us immediately should you believe that a mistake has been made with respect to your Virtual Currency balance. If we choose, in our discretion, to investigate your claim, in doing so, may request some additional information and/or documentation to verify your claim. We will let you know the results of any investigation, however, you acknowledge and agree that we have the sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.</p>
+        <p>NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MUSARE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL CURRENCY, VIRTUAL GOODS OR THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL CURRENCY, VIRTUAL GOODS, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF THEREOF UPON THE TERMINATION, ABANDONMENT OR EXPIRATION OF YOUR ACCOUNT.</p>
 
         <h4 class="center-align">10. Terms of Sale</h4>
 
@@ -74,6 +80,22 @@
         <p>We wish to make things as simple as possible in applying this Agreement to our users, and we can’t do that if a different jurisdiction’s law applies for each user who signs up based on where they live. Therefore, you agree that this Agreement is subject solely to and shall be interpreted in accordance with the laws applicable in the State of California, USA, without regard to its conflicts of law provisions.</p>
 
         <h4 class="center-align">14. Dispute Resolution</h4>
+        <p>Certain portions of this Section 14 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Musare agree that we intend that this Section 14 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 14 can only be amended by mutual agreement</p>
+        <p><b>A. First – Try To Resolve Disputes and Excluded Disputes.</b> If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Musare’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 14.D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 14.A. Your notice to us must be sent to: Musare, Inc., 5900 Wilshire Blvd, 21st Floor, Los Angeles, CA 90036 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Musare and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Musare to resolve the Dispute or Excluded Dispute on terms with respect to which you and Musare, in each of our sole discretion, are not comfortable.</p>
+        <p><b>B. Forums For Alternative Dispute Resolution.</b></p>
+            <p><b>(i) Arbitration.</b> If we cannot resolve a Dispute as set forth in Section 14.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 14.B. If we cannot resolve an Excluded Dispute as set forth in Section 14.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Musare consent, in a writing signed by you and an officer or legal representative of Musare, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 14.B.</p>
+            <p>Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Musare elects, in its sole discretion, to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Musare do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 14.B(i), then this paragraph and the remainder of this Section 14.B will not apply to the Excluded Dispute.</p>
+            <p>If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration Site that you and an officer or legal representative of Musare consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration Site.</p>
+            <p>You can obtain AAA and JAMS procedures, rules, and fee information as follows:</p>
+            <p>
+                AAA: 800.778.7879 http://www.adr.org <br />
+                JAMS: 949.224.1810 http://www.jamsadr.com</p>
+            <p><b>(ii) Nature, Limitations, and Location of Alternative Dispute Resolution.</b> In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Musare to pay a greater portion or all of such fees and costs in order for this Section 14 to be enforceable, then Musare will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.</p>
+        <p><b>C. Limited Time To File Claims.</b> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 14.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.</p>
+        <p><b>D. Injunctive Relief.</b> The foregoing provisions of this Section 14 will not apply to any legal action taken by Musare to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or Musare’s intellectual property rights (including such Musare may claim that may be in dispute), Musare’s operations, and/or Musare’s products or services.</p>
+        <p><b>E. Small Claims Matters Are Excluded From Arbitration Requirement.</b> Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 14.G.</p>
+        <p><b>F. No Class Action Matters.</b> Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 14.B(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 14.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 14.G.</p>
+        <p><b>G. Federal and State Courts in Los Angeles.</b> Except to the extent that arbitration is required in Section 14.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and Musare consent to the exclusive personal jurisdiction and venue of such courts for such matters.</p>
 
         <h4 class="center-align">15. Waiver of Injunctive or Other Equitable Relief</h4>
         <p>IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SITE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MUSARE (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF MUSARE.</p>