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+import React, {Component} from "react";
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+import async from "async";
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+import PropTypes from "prop-types";
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+import {connect} from "react-redux";
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+import {NavLink} from "react-router-dom";
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+import {translate} from "react-i18next";
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+
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+// import "termsPrivacy.scss";
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+
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+@translate(["terms"], {wait: true})
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+export default class Terms extends Component {
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+ static propTypes = {
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+ t: PropTypes.func,
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+ };
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+
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+ static defaultProps = {
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+ t: () => {
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+ },
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+ };
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+
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+ render() {
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+ const {t} = this.props;
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+
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+ return (
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+ <main>
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+ <h1>{t("terms:title")}</h1>
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+ <h3>Last Updated: January 25, 2016</h3>
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+
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+ <h4>1. Introduction</h4>
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+ <p>Musare.com (“musare” or the “Site”) is a social viewing platform that allows you and your friends to
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+ watch videos and listen to music together and to provide social commentary based on their
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+ experiences (collectively the “Content”). Before viewing, using, or interacting with our Site you
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+ must first agree to these Terms of (“Agreement” or “Terms”). When we say “you” we mean the person
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+ who is viewing, interacting, or registering with our Site, along with anyone that they may
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+ represent. When we say “Musare,” “musare.com,“ “us,” “our” or “we,” we are referring to the owners
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+ of the Site, and its successors and assigns. This Agreement, along with our Privacy Policy and any
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+ other agreements will govern our relationship. By using the Site, you acknowledge and accept the
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+ Site’s Privacy Policy and consent to the collection and use of your data in accordance with the
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+ Privacy Policy.</p>
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+ <p>In some instances, both these Terms and separate guidelines, rules, or terms of service or sale
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+ setting forth additional or different terms and/or conditions will apply to your use of the Site or
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+ to a service or product offered via the Site (in each such instance, and collectively “Additional
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+ Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the
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+ Additional Terms will control unless the Additional Terms expressly state otherwise.</p>
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+
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+ <h4>2. Description of Service</h4>
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+ <p>Musare is an online platform that melds social media and entertainment. In other words, Musare is
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+ designed to allow you and your friends to watch videos or listen to music together. As part of our
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+ platform you will create a unique profile that will allow others to find you and for you to express
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+ yourself. As of now, we require all of our users to be at least 13 years old. If you are between the
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+ ages of 13 and 17 then we may require you to obtain permission from your parents to agree to these
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+ Terms. If you are under the age of majority in your state or jurisdiction of residence, you may use
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+ the Site only with involvement of a parent or guardian who agrees to these Terms and to be
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+ responsible for your use.</p>
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+
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+ <h4>3. Accounts and Profiles</h4>
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+ <p>In order for you to access Musare we may require that you create a unique account to associate with a
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+ profile. You may be required to provide us with information, which includes, but is not limited to,
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+ your name, address, email address, a unique login name and password. The Site’s practices governing
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+ any resulting collection and use of your personal information are disclosed in its Privacy Policy.
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+ It is your responsibility to also keep this information updated and accurate.</p>
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+ <p>We may also allow you to use a third party API to sign up for our Site, like GitHub Authentication.
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+ Whenever you use this feature, certain information will be transferred from the third party account
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+ and will populate your profile here at Musare. It is important to read and understand that third
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+ parties privacy and information sharing practices and principles. More importantly, you will be
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+ making certain information publicly viewable.</p>
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+ <p>If you register for any feature that requires a password and/or username, then you will select your
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+ own password at the time of registration (or we may send you an e-mail notification with a randomly
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+ generated initial password) and you agree that: (i) You will not use a username (or e-mail address)
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+ that is already being used by someone else, may impersonate another person, belongs to another
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+ person, violates the intellectual property or other right of any person or entity, or is offensive.
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+ We may reject the use of any password, username, or e-mail address for any other reason in our sole
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+ discretion; (ii) You will provide true, accurate, current, and complete registration information
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+ about yourself in connection with the registration process and, as permitted, to maintain and update
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+ it including on your Profile Page, continuously and promptly to keep it accurate, current, and
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+ complete; (iii) You are solely responsible for all activities that occur under your account,
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+ password, and username – whether or not you authorized the activity; (iv) You are solely responsible
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+ for maintaining the confidentiality of your password and for restricting access to your Device so
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+ that others may not access any password protected portion of the Site using your name, username, or
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+ password; (v) You will immediately notify us of any unauthorized use of your account, password, or
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+ username, or any other breach of security; and (vi) You will not sell, transfer, or assign your
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+ account or any account rights.</p>
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+ <p>We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any
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+ third party arising from your inability or failure for any reason to comply with any of the
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+ foregoing obligations.</p>
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+ <p>If any information that you provide, or if we have reasonable grounds to suspect that any information
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+ that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any
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+ Additional Terms, or any applicable law, then we may suspend or terminate your account. We also
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+ reserve the more general and broad right to terminate your account or suspend or otherwise deny you
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+ access to it or its benefits – all in our sole discretion, for any reason, and without advance
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+ notice or liability.</p>
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+ <p>Your Site page where you maintain a profile (“Profile Page”) may not include any form of prohibited
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+ User-Generated Content (defined below), as outlined in Section 6 below. Without limiting the
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+ foregoing, Profile Pages may not include content that you are attempting to sell through the Site,
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+ and cannot be used to conduct commercial activities, including, but not limited to, transactions,
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+ advertising, fundraising, contests or other promotions absent our prior written consent. We may
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+ offer you the ability to set preferences relating to your profile or Site activities, but settings
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+ may not become effective immediately or be error free, and options may change from time-to-time. We
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+ assume no responsibility or liability for users’ Profile material.</p>
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+ <p>Profile Pages may only be set up by an authorized representative of the individual that is the
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+ subject of the Profile Page. We do not review Profile Pages to determine if they were created by an
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+ appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on
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+ the Site. If there is any dispute as to whether a Profile Page has been created or is being
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+ maintained by an authorized representative of the individual who is the subject of that Profile
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+ Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we
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+ determine is appropriate in our sole discretion. Such resolution may include, without limitation,
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+ deleting or disabling access to Profile Pages, or any portion thereof, at any time without
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+ notice.</p>
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+
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+ <h4>4. Site Content, Ownership, Limited License and Rights of Others</h4>
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+ <p><b>A. Content.</b> The Site contains a variety of: (i) materials and other items relating to Musare
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+ and its products and services, and similar items from our licensors and other third parties,
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+ including all layout, information, articles, posts, text, data, files, images, scripts, designs,
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+ graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds,
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+ pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and
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+ feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and
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+ any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade
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+ names, trade dress, service marks, and trade identities of various parties, including those of
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+ Musare (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the
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+ foregoing, collectively “Content”).</p>
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+ <p><b>B. Ownership.</b> The Site (including past, present, and future versions) and the Content are
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+ owned or controlled by Musare and our licensors and certain other third parties. All right, title,
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+ and interest in and to the Content available via the Site is the property of Musare or our licensors
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+ or certain other third parties, and is protected by U.S. and international copyright, trademark,
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+ trade dress, patent and/or other intellectual property and unfair competition rights and laws to the
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+ fullest extent possible. Musare owns the copyright in the selection, compilation, assembly,
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+ arrangement, and enhancement of the Content on the Site</p>
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+ <p><b>C. Limited License.</b> Subject to your strict compliance with these Terms and the Additional
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+ Terms, Musare grants you a limited, non-exclusive, revocable, non-assignable, personal, and
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+ non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or
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+ print one copy of the Content (excluding source and object code in raw form or otherwise, other than
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+ as made available to access and use to enable display and functionality) on a personal computer,
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+ mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your
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+ personal, non-commercial use only, and (ii) to use certain Content that we may from time to time
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+ make available on the Site explicitly for you for use as part of your User-Generated Content. The
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+ foregoing limited license: (i) does not give you any ownership of, or any other intellectual
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+ property interest in, any Content, and (ii) may be immediately suspended or terminated for any
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+ reason, in Musare’s sole discretion, and without advance notice or liability. In some instances, we
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+ may permit you to have greater access to and use of Content, subject to certain Additional Terms.
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+ </p>
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+ <p><b>D. Rights of Others.</b> In using the Site, you must respect the intellectual property and other
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+ rights of Musare and others. Your unauthorized use of Content may violate copyright, trademark,
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+ privacy, publicity, communications, and other laws, and any such use may result in your personal
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+ liability, including potential criminal liability. Musare respects the intellectual property rights
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+ of others. If you believe that your work has been infringed by means of an improper posting or
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+ distribution of it via the Site, then please see Section 8 below.</p>
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+
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+ <h4>5. Content You Submit</h4>
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+ <p><b>A. General.</b> Musare may now or in the future offer users of the Site the opportunity to create,
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+ build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available
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+ on or submit through the Site (collectively, “submit”) messages, avatars, text, illustrations,
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+ files, images, graphics, photos, comments, responses, sounds, music, videos, information, content,
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+ ratings, reviews, data, questions, suggestions, personally identifiable information, or other
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+ information or materials and the ideas contained therein (collectively, “User-Generated Content”).
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+ Musare may allow you to do this through forums, blogs, message boards, social networking
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+ environments, content creation tools, gameplay, social communities, contact us tools, e-mail, and
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+ other communications functionality. Subject to the rights and license you grant in these Terms, you
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+ retain whatever legally cognizable right, title, and interest that you have in your User-Generated
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+ Content and you remain ultimately responsible for it.</p>
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+ <p><b>B. Non-Confidentiality of Your User-Generated Content.</b> Except as otherwise described in the
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+ Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated
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+ Content will be treated as non-confidential – regardless of whether you mark them “confidential,”
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+ “proprietary,” or the like – and will not be returned, and (b) Musare does not assume any obligation
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+ of any kind to you or any third party with respect to your User-Generated Content. Upon Musare’s
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+ request, you will furnish us with any documentation necessary to substantiate the rights to such
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+ content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that
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+ the Internet and mobile communications may be subject to breaches of security and that you are aware
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+ that submissions of User-Generated Content may not be secure, and you will consider this before
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+ submitting any User-Generated Content and do so at your own risk. In your communications with
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+ Musare, please keep in mind that we do not seek any unsolicited ideas or materials for products or
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+ services, or even suggested improvements to products or services, including, without limitation,
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+ ideas, concepts, inventions, or designs for music, web sites, apps, books, scripts, screenplays,
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+ motion pictures, television shows, theatrical productions, software or otherwise (collectively,
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+ “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us
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+ via the Site are deemed User-Generated Content and licensed to us as set forth below. In addition,
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+ Musare retains all of the rights held by members of the general public with regard to your
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+ Unsolicited Ideas and Materials. Musare’s receipt of your Unsolicited Ideas and Materials is not an
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+ admission by Musare of their novelty, priority, or originality, and it does not impair Musare’s
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+ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas
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+ and Materials.</p>
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+ <p><b>C. License to Musare of Your User-Generated Content.</b> Except as otherwise described in any
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+ applicable Additional Terms (such as a contest official rules), which specifically govern the
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+ submission of your User-Generated Content, you hereby grant to Musare, the non-exclusive,
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+ unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and
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+ license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through
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+ multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make
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+ derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of
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+ your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all
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+ formats, on or through any means or medium now known or hereafter developed, and with any technology
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+ or devices now known or hereafter developed, and to advertise, market, and promote the same. Without
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+ limitation, the granted rights include the right to: (a) configure, host, index, cache, archive,
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+ store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format,
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+ and remove such User-Generated Content and combine same with other materials, and (b) use any ideas,
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+ concepts, know-how, or techniques contained in any User-Generated Content for any purposes
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+ whatsoever, including developing, producing, and marketing products and/or services. You understand
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+ that in exercising such rights metadata, notices and content may be removed or altered, including
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+ copyright management information, and you consent thereto and represent and warrant you have all
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+ necessary authority to do so. In order to further effect the rights and license that you grant to
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+ Musare to your User-Generated Content, you also hereby grant to Musare, and agree to grant to
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+ Musare, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and
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+ likeness in connection with any User-Generated Content, without any obligation or remuneration to
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+ you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights
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+ (including attribution and integrity) that you may have in any User-Generated Content, even if it is
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+ altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably
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+ agree not to exercise such rights (if any) in a manner that interferes with any exercise of the
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+ granted rights. You understand that you will not receive any fees, sums, consideration, or
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+ remuneration for any of the rights granted in this Section 5(C).</p>
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+ <p><b>D. Exclusive Right to Manage Our Site.</b> Musare may, but will not have any obligation to,
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+ review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your
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+ User-Generated Content, and Musare may, in its sole discretion, reject, delete, move, re-format,
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+ remove or refuse to post or otherwise make use of User-Generated Content without notice or any
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+ liability to you or any third party in connection with our operation of User-Generated Content
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+ venues in an appropriate manner. Without limitation, we may do so to address content that comes to
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+ our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing,
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+ threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights
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+ of third parties or these Terms or any applicable Additional Terms, including, without limitation,
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+ the content restrictions set forth below in Section 6. Such User-Generated Content submitted by you
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+ or others need not be maintained on the Site by us for any period of time and you will not have the
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+ right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on
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+ the Site or elsewhere.</p>
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+ <p><b>E. Representations and Warranties Related to Your User-Generated Content.</b> Each time you submit
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+ any User-Generated Content, you represent and warrant that you are at least the age of majority in
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+ the jurisdiction in which you reside and are the parent or legal guardian, or have all proper
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+ consents from the parent or legal guardian, of any minor who is depicted in or contributed to any
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+ User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole
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+ author and owner of the intellectual property and other rights to the User-Generated Content, or you
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+ have a lawful right to submit the User-Generated Content and grant Musare the rights to it that you
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+ are granting by these Terms and any Additional Terms, all without any Musare obligation to obtain
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+ consent of any third party and without creating any obligation or liability of Musare; (b) the
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+ User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Musare’s
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+ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual
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+ property or other right of any third party; and (d) the User-Generated Content will not violate
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+ these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
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+ </p>
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+ <p><b>F. Enforcement.</b> Musare has no obligation to monitor or enforce your intellectual property
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+ rights to your User-Generated Content, but you grant us the right to protect and enforce our rights
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+ to your User-Generated Content, including by bringing and controlling actions in your name and on
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+ your behalf (at Musare’s cost and expense, to which you hereby consent and irrevocably appoint
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+ Musare as your attorney-in-fact, with the power of substitution and delegation, which appointment is
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+ coupled with an interest).</p>
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+
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+ <h4>6. Our Rules</h4>
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+ <p>We may, but are not obligated to, provide our users with the ability to post and receive messages
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+ from other Musare-listed users or allow you to participate in video or live chats with your friends
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+ or other users. If we do, you will not use the messaging system or your username to spam, defame,
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+ harass, or do anything we find to be objectionable (which is up to us), including, but not limited
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+ to, language that attacks or demeans a group based on race or ethnic origin, religion, disability,
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+ gender, age, veteran status and sexual orientation or gender identity. It is your responsibility to
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+ maintain proper etiquette, and we reserve the right to terminate the account for anyone who violates
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+ our policies. We also do not monitor any particular chat, but reserve the right to edit, modify,
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+ ban, or filter any User-Generated Content or username for any reason. If someone posts something
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+ that is offensive or objectionable please let us know and we will do our best to accommodate you. We
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+ do not, however, assume any obligation to remove such User-Generated Content.</p>
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+ <p>You may share videos and music that is hosted on a third party website (i.e., Youtube, Soundcloud,
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+ etc.) but only if it does not conflict with their terms or any applicable law. You may not, however,
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+ share, post or otherwise communicate any content (video, audio, or text) that is unlawful,
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+ threatening, violent, pornographic, harassing, obscene, racist, defamatory, or otherwise
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+ objectionable. We reserve the right to determine what is objectionable at our sole discretion.</p>
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+ <p>In addition to the above, you agree that you will not:</p>
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+ <ul>
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+ <li>* Infringe on anyone's intellectual property or other legal rights (i.e. invasion of privacy).
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+ </li>
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+ <li>* Hack, crack, phish, SQL inject, or otherwise compromise the security of our website or its
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+ servers.
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+ </li>
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+ <li>* Solicit business, spam, or otherwise use our service for commercial purposes unless expressly
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+ authorized by us.
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+ </li>
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+ <li>* Defraud or threaten any of our users through any method, whether it be through our website or
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+ through another method of communication.
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+ </li>
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+ <li>* Create more than one active user account, or create a new user account if we have previously
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+ banned, suspended, or otherwise terminated your first user account.
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+ </li>
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+ <li>* Harass anyone.</li>
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+ <li>* Impersonate anyone.</li>
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+ <li>* Do anything unlawful or bad (we define what is bad)</li>
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+ </ul>
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+ <p>How we react to your violation of any of these Terms does not mean we will treat everyone the same.
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+ We may do anything from giving you a spoken warning, temporarily suspend your account, ban you, or
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+ take you to Court.</p>
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+
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+ <h4>7. Sharing Videos and Music</h4>
|
|
|
+ <p>Musare may permit you to share videos and music with your friends. We may also allow you to use video
|
|
|
+ or live chat to discuss the video or music as it is playing. Please note, however, that we do not
|
|
|
+ host any User-Generated Content ourselves. Instead, you must use our platform to share your video or
|
|
|
+ music from the third party video hosting website. You agree that you will be responsible for the
|
|
|
+ User-Generated Content you upload, and that nothing you share will infringe on the rights of anyone.
|
|
|
+ Furthermore, you warrant you have the ability to grant the right to share such User-Generated
|
|
|
+ Content without any obligation to pay any royalties to any copyright owner. You will be responsible
|
|
|
+ for the payment of any royalty and any associated damages, fees, fines or penalties, in the event we
|
|
|
+ find out you have shared User-Generated Content in violation of another’s intellectual property
|
|
|
+ rights.</p>
|
|
|
+ <p>Not to sound like a broken record, but we have to make sure you understand that you will be
|
|
|
+ responsible for any User-Generated Content that you upload, including the consequences of any
|
|
|
+ infringement. By sharing any User-Generated Content you are, in essence, utilizing a third party
|
|
|
+ license to distribute and share User-Generated Content. You may only do this if the Site from which
|
|
|
+ you are linking has given you a license to share such User-Generated Content in the manner
|
|
|
+ contemplated. If it does not, then you cannot share that User-Generated Content.</p>
|
|
|
+ <p>For further clarity, you must only distribute videos or music that you are legally permitted
|
|
|
+ to...meaning you cannot share videos or music that violates anyone’s third party intellectual
|
|
|
+ property rights. For example, you must not share anything that the third party site would prohibit.
|
|
|
+ In addition you will not modify, edit, disassemble, or create derivatives of anything that you do
|
|
|
+ not own the rights to.</p>
|
|
|
+ <p>Should you believe that your rights are being infringed on by, please note that we are not
|
|
|
+ responsible for hosting it and it is the third party site which is serving the file, and until is
|
|
|
+ removed from the third party site, it will still be available through their search engine. As such,
|
|
|
+ copyright notices should be sent to both us and the third party site, and you should visit their
|
|
|
+ terms for more information.</p>
|
|
|
+
|
|
|
+ <h4>8. DMCA Notices</h4>
|
|
|
+ <p>We will respond appropriately to notices of alleged copyright infringement that comply with the U.S.
|
|
|
+ Digital Millennium Copyright Act (“DMCA”), as set forth below. We have registered a Copyright Agent
|
|
|
+ with the United States Copyright Office, which limits our liability under the DMCA. If you believe
|
|
|
+ that your copyright has been infringed, please send us a message that contains:</p>
|
|
|
+ <ul>
|
|
|
+ <li>* Your name.</li>
|
|
|
+ <li>* The name of the party whose copyright has been infringed, if different from your name.</li>
|
|
|
+ <li>* The name and description of the work that is being infringed.</li>
|
|
|
+ <li>* The location on our website of the infringing copy.</li>
|
|
|
+ <li>* A statement that you have a good faith belief that use of the copyrighted work described above
|
|
|
+ is not authorized by the copyright owner (or by a third party who is legally entitled to do so
|
|
|
+ on behalf of the copyright owner) and is not otherwise permitted by law.
|
|
|
+ </li>
|
|
|
+ <li>* A statement that you swear, under penalty of perjury, that the information contained in this
|
|
|
+ notification is accurate and that you are the copyright owner or have an exclusive right in law
|
|
|
+ to bring infringement proceedings with respect to its use.
|
|
|
+ </li>
|
|
|
+ </ul>
|
|
|
+ <p>Musare’s designated Copyright Agent to receive notifications of claimed infringement is Musare, Inc.,
|
|
|
+ 5900 Wilshire Blvd, 21st Floor, Los Angeles, CA 90036 (Attn: Legal Department); email:
|
|
|
+ musaremusic@gmail.com. For clarity, only DMCA notices should go to the Copyright Agent; am other
|
|
|
+ feedback, comments, requests for technical support, and other communications should be directed to
|
|
|
+ musare customer service.</p>
|
|
|
+ <p>If sending the notification by e-mail, an electronic signature is acceptable.</p>
|
|
|
+ <p>Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access
|
|
|
+ to, the material that is claimed to be infringing or to be the subject of infringing activity. We
|
|
|
+ will also notify the person who posted, uploaded or otherwise placed the allegedly infringing
|
|
|
+ material on the Site that we have removed or disabled access to such material.</p>
|
|
|
+ <p>If you believe that material has been removed improperly, you must send a written counter
|
|
|
+ notification to the Agent, and include:</p>
|
|
|
+ <ul>
|
|
|
+ <li>* a. a physical or electronic signature of the subscriber;</li>
|
|
|
+ <li>* b. identification of the material that has been removed or to which access has been disabled
|
|
|
+ and the location at which the material appeared before it was removed or access to it was
|
|
|
+ disabled;
|
|
|
+ </li>
|
|
|
+ <li>* c. a statement under penalty of perjury that the subscriber has a good faith belief that the
|
|
|
+ material was removed or disabled as a result of mistake or misidentification of the material to
|
|
|
+ be removed or disabled;
|
|
|
+ </li>
|
|
|
+ <li>* d. the subscriber’s name, address, and telephone number, and a statement that the subscriber
|
|
|
+ consents to the jurisdiction of Federal District Court for the judicial district in which the
|
|
|
+ address is located, or if the subscriber’s address is outside of the United States, for any
|
|
|
+ judicial district in which the service provider may be found, and that the subscriber will
|
|
|
+ accept service of process from the person who provided the original notification or an agent of
|
|
|
+ such person.
|
|
|
+ </li>
|
|
|
+ </ul>
|
|
|
+ <p>Upon receipt of a counter notification complying with the foregoing requirements, we will promptly
|
|
|
+ provide the person who I provided the original notification with a copy of the counter notification,
|
|
|
+ and inform that person that we will replace the removed material or cease disabling access to it in
|
|
|
+ ten (10) business days, unless we receive notice that the original notifier has notified the
|
|
|
+ designated agent for the counter notifier that such person has filed an action seeking a court order
|
|
|
+ to restrain the subscriber from engaging in infringing activity relating to the material on our
|
|
|
+ system or network.</p>
|
|
|
+ <p>It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who
|
|
|
+ are repeat infringers. It is also our policy to accommodate and not interfere with standard
|
|
|
+ technical measures we determine are reasonable under the circumstances, i.e., technical measures
|
|
|
+ that are used by copyright owners to identify or protect copyrighted works. We retain the discretion
|
|
|
+ to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances
|
|
|
+ presented. There are penalties for submission of misleading information in connection with the
|
|
|
+ process described herein.</p>
|
|
|
+
|
|
|
+ <h4>9. Points and Virtual Currency</h4>
|
|
|
+ <p>The Site may include virtual, in-game currency (“Virtual Currency”), such as credits, coins, ranks
|
|
|
+ (“Name Tags”), XP, cash, or points (e.g., Experience Points), that may be purchased with “real
|
|
|
+ world” money or obtained through spending time on the Site or otherwise interacting with a
|
|
|
+ third-party service. Virtual Currency may be used to purchase virtual, in-game digital items
|
|
|
+ (“Virtual Goods”). Your purchase or award of Virtual Currency and Virtual Goods are merely a grant
|
|
|
+ by us to a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right
|
|
|
+ to use the Virtual Currency and Virtual Goods as part of the Site under these Terms and any
|
|
|
+ applicable Additional Terms we provide at the time. Accordingly, you have no property, proprietary,
|
|
|
+ intellectual property, ownership, or monetary interest in your Virtual Currency and Virtual Goods,
|
|
|
+ which remain our Content and property. The right may be immediately suspended or terminated for any
|
|
|
+ reason, in our sole discretion, and without advance notice or liability. We reserve the absolute
|
|
|
+ right, at any time and in our sole discretion, to manage, regulate, control, modify or eliminate
|
|
|
+ Virtual Currency and/or Virtual Goods.</p>
|
|
|
+ <p>Virtual Currency or Virtual Goods cannot be redeemed by you for “real world” money, goods, or other
|
|
|
+ items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods by you
|
|
|
+ outside of what we permit on the Site are strictly prohibited. This means you may not buy or sell
|
|
|
+ Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value
|
|
|
+ outside of the Site. Any such attempted transfer will be null and void.</p>
|
|
|
+ <p>You also agree that all sales of Virtual Currency and Virtual Goods are final unless otherwise
|
|
|
+ detailed in the applicable Additional Terms. No refunds will be given by us. You agree that you will
|
|
|
+ be solely responsible for paying any applicable taxes related to the acquisition of, use of or
|
|
|
+ access to Virtual Currency or Virtual Goods.</p>
|
|
|
+ <p>We have the absolute right, but not the obligation, to manage, regulate, control, modify, delete,
|
|
|
+ alter, move, remove, transfer and/or eliminate Virtual Currency and/or Virtual Goods, in whole or in
|
|
|
+ part, as we see fit, at any time in our sole discretion, including the right to terminate or suspend
|
|
|
+ your account or discontinue the Site (in whole or in part) for any reason, and we shall have no
|
|
|
+ liability to you or anyone for the exercise of such rights. If we suspend or terminate any Virtual
|
|
|
+ Currency or Virtual Goods, then you will forfeit the suspended or terminated subscription or items,
|
|
|
+ except as may be set forth in any Additional Terms (such as any refund policies that may apply to
|
|
|
+ the Site). Likewise, except as may be set forth in any Additional Terms or as required by applicable
|
|
|
+ law, we are not responsible for repairing or replacing same, or providing you any credit or refund
|
|
|
+ or any other sum, in the event of our modification of any Virtual Currency or Virtual Goods, or for
|
|
|
+ loss or damage due to error, or any other reason.</p>
|
|
|
+ <p>As we feel necessary, in our sole and absolute discretion, we may limit the total amount of Virtual
|
|
|
+ Currency that may be purchased at any one time, and/or limit the total Virtual Currency that may be
|
|
|
+ held in your account in the aggregate. Additionally, price and availability of certain types of
|
|
|
+ Virtual Currency and/or Virtual Goods are subject to change without notice. You are solely
|
|
|
+ responsible for verifying that the proper amount of Virtual Currency has been added to or deducted
|
|
|
+ from your account during any given transaction, so please notify us immediately should you believe
|
|
|
+ that a mistake has been made with respect to your Virtual Currency balance. If we choose, in our
|
|
|
+ discretion, to investigate your claim, in doing so, may request some additional information and/or
|
|
|
+ documentation to verify your claim. We will let you know the results of any investigation, however,
|
|
|
+ you acknowledge and agree that we have the sole and absolute discretion in determining whether or
|
|
|
+ not your claim is valid, and if so, the appropriate remedy.</p>
|
|
|
+ <p>NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO
|
|
|
+ OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
|
|
|
+ RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MUSARE.
|
|
|
+ YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY
|
|
|
+ INTEREST IN THE VIRTUAL CURRENCY, VIRTUAL GOODS OR THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION
|
|
|
+ OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS. FURTHERMORE, WE SHALL NOT BE
|
|
|
+ LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY
|
|
|
+ OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL CURRENCY, VIRTUAL GOODS, INCLUDING, BUT NOT
|
|
|
+ LIMITED TO, THE DELETION OF THEREOF UPON THE TERMINATION, ABANDONMENT OR EXPIRATION OF YOUR
|
|
|
+ ACCOUNT.</p>
|
|
|
+
|
|
|
+ { /* <h4>10. Terms of Sale</h4>
|
|
|
+ <p><b>SOON TO COME</b></p> */ }
|
|
|
+
|
|
|
+ <h4>11. Disclaimer and Limitation of Liability</h4>
|
|
|
+ <p>THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE
|
|
|
+ THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE
|
|
|
+ PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
|
|
|
+ INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
|
|
|
+ NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR
|
|
|
+ REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT
|
|
|
+ DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
|
|
|
+ OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY
|
|
|
+ INFORMATION OBTAINED THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY
|
|
|
+ MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS
|
|
|
+ AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
|
|
|
+ COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO
|
|
|
+ ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL
|
|
|
+ CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
|
|
|
+ CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.</p>
|
|
|
+ <p>UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS,
|
|
|
+ SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE
|
|
|
+ FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
|
|
|
+ THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
|
|
|
+ MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, OR RESULTING FROM
|
|
|
+ UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS
|
|
|
+ SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
|
|
|
+ PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
|
|
|
+ DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA,
|
|
|
+ INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR
|
|
|
+ SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. SOME
|
|
|
+ JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
|
|
|
+ DAMAGES; SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO YOU FOR MORE
|
|
|
+ THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE USE OF THE SITE.</p>
|
|
|
+ <p>Without limiting any of the foregoing, we are not responsible for any of your materials and data
|
|
|
+ residing on our network hardware. You are responsible for backing-up your materials and data that
|
|
|
+ may reside on our network, whether or not such materials and data are produced through the use of
|
|
|
+ the Site.</p>
|
|
|
+
|
|
|
+ <h4>12. Indemnity</h4>
|
|
|
+ <p>You agree to indemnify, defend and hold harmless us, our parents, subsidiaries, affiliates, officers,
|
|
|
+ directors, employees, members, partners, agents, and suppliers, and their respective affiliates,
|
|
|
+ officers, directors, employees, members, shareholders, partners, and agents, from any claim, action,
|
|
|
+ demand, liability, judgment, or damage, including reasonable attorneys’ fees, arising out of or
|
|
|
+ related to your use of the Site and/or your violation of these Terms, including, without limitation,
|
|
|
+ the infringement by you in your User-Generated Content or any other user of your account, of any
|
|
|
+ intellectual property or other right of any person or entity. We may, at our sole discretion, assume
|
|
|
+ the exclusive defense and control of any matter subject to indemnification by you. The assumption of
|
|
|
+ such defense or control by us, however, shall not excuse any of your indemnity obligations.</p>
|
|
|
+
|
|
|
+ <h4>13. Choice of Law</h4>
|
|
|
+ <p>We wish to make things as simple as possible in applying this Agreement to our users, and we can’t do
|
|
|
+ that if a different jurisdiction’s law applies for each user who signs up based on where they live.
|
|
|
+ Therefore, you agree that this Agreement is subject solely to and shall be interpreted in accordance
|
|
|
+ with the laws applicable in the State of California, USA, without regard to its conflicts of law
|
|
|
+ provisions.</p>
|
|
|
+
|
|
|
+ <h4>14. Dispute Resolution</h4>
|
|
|
+ <p>Certain portions of this Section 14 are deemed to be a “written agreement to arbitrate” pursuant to
|
|
|
+ the Federal Arbitration Act. You and Musare agree that we intend that this Section 14 satisfies the
|
|
|
+ “writing” requirement of the Federal Arbitration Act. This Section 14 can only be amended by mutual
|
|
|
+ agreement</p>
|
|
|
+ <p><b>A. First – Try To Resolve Disputes and Excluded Disputes.</b> If any controversy, allegation, or
|
|
|
+ claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms,
|
|
|
+ or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to
|
|
|
+ any of Musare’s actual or alleged intellectual property rights (an “Excluded Dispute”, which
|
|
|
+ includes those actions set forth in Section 14.D), then you and we agree to send a written notice to
|
|
|
+ the other providing a reasonable description of the Dispute or Excluded Dispute, along with a
|
|
|
+ proposed resolution of it. Our notice to you will be sent to you based on the most recent contact
|
|
|
+ information that you provide us. But if no such information exists or if such information is not
|
|
|
+ current, then we have no obligation under this Section 14.A. Your notice to us must be sent to:
|
|
|
+ Musare, Inc., 5900 Wilshire Blvd, 21st Floor, Los Angeles, CA 90036 (Attn: Legal Department). For a
|
|
|
+ period of sixty (60) days from the date of receipt of notice from the other party, Musare and you
|
|
|
+ will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though
|
|
|
+ nothing will require either you or Musare to resolve the Dispute or Excluded Dispute on terms with
|
|
|
+ respect to which you and Musare, in each of our sole discretion, are not comfortable.</p>
|
|
|
+ <p><b>B. Forums For Alternative Dispute Resolution.</b></p>
|
|
|
+ <p><b>(i) Arbitration.</b> If we cannot resolve a Dispute as set forth in Section 14.A within sixty (60)
|
|
|
+ days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in
|
|
|
+ accordance with this Section 14.B. If we cannot resolve an Excluded Dispute as set forth in Section
|
|
|
+ 14.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded
|
|
|
+ Dispute to formal arbitration only if you and Musare consent, in a writing signed by you and an
|
|
|
+ officer or legal representative of Musare, to have that Excluded Dispute subject to arbitration. In
|
|
|
+ such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the
|
|
|
+ remainder of this Section 14.B.</p>
|
|
|
+ <p>Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable
|
|
|
+ law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current
|
|
|
+ Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a
|
|
|
+ claimed value of not more than $250,000, then the arbitration will be heard and determined by a
|
|
|
+ single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’
|
|
|
+ experience as a practicing member of the bar in the substantive practice area related to the
|
|
|
+ Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures
|
|
|
+ for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if
|
|
|
+ Musare elects, in its sole discretion, to bear the costs of arbitration in excess of those that
|
|
|
+ would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard
|
|
|
+ and determined by a three-member panel, with one member to be selected by each party and the third
|
|
|
+ (who will be chair of the panel) selected by the two party-appointed members or by the AAA in
|
|
|
+ accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case
|
|
|
+ may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will
|
|
|
+ determine any Dispute according to the applicable law and facts based upon the record and no other
|
|
|
+ basis, and will issue a reasoned award. If you and Musare do not both consent to the arbitration of
|
|
|
+ an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 14.B(i),
|
|
|
+ then this paragraph and the remainder of this Section 14.B will not apply to the Excluded
|
|
|
+ Dispute.</p>
|
|
|
+ <p>If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or
|
|
|
+ unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,”
|
|
|
+ then either party can elect to have the arbitration administered by the Judicial Arbitration and
|
|
|
+ Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any
|
|
|
+ other arbitration administration Site that you and an officer or legal representative of Musare
|
|
|
+ consent to in writing. The substantive practice area requirements for the arbitrator and the
|
|
|
+ $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the
|
|
|
+ paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or
|
|
|
+ another arbitration Site.</p>
|
|
|
+ <p>You can obtain AAA and JAMS procedures, rules, and fee information as follows:</p>
|
|
|
+ <p>
|
|
|
+ AAA: 800.778.7879 http://www.adr.org <br/>
|
|
|
+ JAMS: 949.224.1810 http://www.jamsadr.com</p>
|
|
|
+ <p><b>(ii) Nature, Limitations, and Location of Alternative Dispute Resolution.</b> In arbitration, as
|
|
|
+ with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can
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+ award the prevailing party damages and other relief (including attorneys’ fees). However, WITH
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+ ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME
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+ ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS
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+ LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented
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+ by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required,
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+ then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census
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+ Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we
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+ will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable
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+ arbitration rules; but if applicable arbitration rules or laws require Musare to pay a greater
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+ portion or all of such fees and costs in order for this Section 14 to be enforceable, then Musare
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+ will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to
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+ do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the
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+ applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating
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+ the disposition of each claim of the Dispute, and must provide a statement of the essential findings
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+ and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration
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+ decision and award (if any) may be entered in or by any court that has jurisdiction over the parties
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+ pursuant to Section 9 of the Federal Arbitration Act.</p>
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+ <p><b>C. Limited Time To File Claims.</b> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR
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+ WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST
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+ COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 14.A) WITHIN ONE (1) YEAR AFTER
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+ THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.</p>
|
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+ <p><b>D. Injunctive Relief.</b> The foregoing provisions of this Section 14 will not apply to any legal
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+ action taken by Musare to seek an injunction or other equitable relief in connection with, any loss,
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+ cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your
|
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|
+ User-Generated Content and/or Musare’s intellectual property rights (including such Musare may claim
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|
+ that may be in dispute), Musare’s operations, and/or Musare’s products or services.</p>
|
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+ <p><b>E. Small Claims Matters Are Excluded From Arbitration Requirement.</b> Notwithstanding the
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+ foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small
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+ claims court, subject to Section 14.G.</p>
|
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+ <p><b>F. No Class Action Matters.</b> Disputes will be arbitrated only on an individual basis and will
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+ not be consolidated with any other arbitration or other proceedings that involve any claim or
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+ controversy of any other party. But if, for any reason, any court with competent jurisdiction or any
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+ arbitrator selected pursuant to Section 14.B(i) holds that this restriction is unconscionable or
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+ unenforceable, then our agreement in Section 14.B to arbitrate will not apply and the Dispute must
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+ be brought exclusively in court pursuant to Section 14.G.</p>
|
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+ <p><b>G. Federal and State Courts in Los Angeles.</b> Except to the extent that arbitration is required
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+ in Section 14.B, and except as to the enforcement of any arbitration decision or award, any action
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|
+ or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal
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|
+ court in Los Angeles County, California. Accordingly, you and Musare consent to the exclusive
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|
+ personal jurisdiction and venue of such courts for such matters.</p>
|
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+
|
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+ <h4>15. Waiver of Injunctive or Other Equitable Relief</h4>
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|
+ <p>IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE
|
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|
+ 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
|
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|
+ CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR
|
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|
+ 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>
|
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|
+
|
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|
+ <h4>16. Force Majeure</h4>
|
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|
+ <p>You agree that we are not responsible to you for anything that we may otherwise be responsible for,
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|
+ if it is the result of events beyond our control, including, but not limited to, acts of God, war,
|
|
|
+ insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), any
|
|
|
+ third party site being down, communication disruption, failure or shortage of infrastructure, zombie
|
|
|
+ attacks, shortage of materials, or any other event beyond our control.</p>
|
|
|
+
|
|
|
+ <h4>17. Cancellation of Service</h4>
|
|
|
+ <p>You agree that we may cancel our service or the Site at any time, for any reason, without warning or
|
|
|
+ compensation, even if we have been advised that it may result in a loss to you or any other
|
|
|
+ party.</p>
|
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|
+
|
|
|
+ <h4>18. Severability</h4>
|
|
|
+ <p>In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable,
|
|
|
+ the Agreement will remain in force as though it had been entered into without that unlawful or
|
|
|
+ unenforceable provision being included in it.</p>
|
|
|
+
|
|
|
+ <h4>19. Update to Terms</h4>
|
|
|
+ <p>These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the
|
|
|
+ Site to which it applies, shall govern such use (including transactions entered during such use). AS
|
|
|
+ OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE
|
|
|
+ MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE
|
|
|
+ PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING
|
|
|
+ INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY
|
|
|
+ NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE
|
|
|
+ WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD
|
|
|
+ AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the
|
|
|
+ posted terms of Site and any applicable Additional Terms each time you use the Site (at least prior
|
|
|
+ to each transaction or submission). The Additional Terms will be effective as to new use and
|
|
|
+ transactions as of the time that we post them, or such later date as may be specified in them or in
|
|
|
+ other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you
|
|
|
+ previously used the Site will continue to apply to such prior use (i.e., changes and additions are
|
|
|
+ prospective only) unless mutually agreed. In the event any notice to you of new, revised or
|
|
|
+ additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue
|
|
|
+ until sufficient notice to establish a new agreement occurs. You should frequently check the home
|
|
|
+ page, your message account and the e-mail you associated with your account for notices, all of which
|
|
|
+ you agree are reasonable manners of providing you notice. You can reject any new, revised or
|
|
|
+ Additional Terms by discontinuing use of the Site and related services.</p>
|
|
|
+
|
|
|
+ <h4>20. Investigations; Cooperation with Law Enforcement; Termination; Survival</h4>
|
|
|
+ <p>Musare reserves the right, without any limitation, to: (i) investigate any suspected breaches of its
|
|
|
+ Site security or its information technology or other systems or networks, (ii) investigate any
|
|
|
+ suspected breaches of these Terms and any Additional Terms, (iii) investigate any information
|
|
|
+ obtained by Musare in connection with reviewing law enforcement databases or complying with criminal
|
|
|
+ laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the
|
|
|
+ foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi)
|
|
|
+ discontinue the Site, in whole or in part, or, except as may be expressly set forth in any
|
|
|
+ Additional Terms, suspend or terminate your access to it, in whole or in part, including any user
|
|
|
+ accounts or registrations, at any time, without notice, for any reason and without any obligation to
|
|
|
+ you or any third party. Any suspension or termination will not affect your obligations to Musare
|
|
|
+ under these Terms or any Additional Terms. Upon suspension or termination of your access to the
|
|
|
+ Site, or upon notice from Musare, all rights granted to you under these Terms or any Additional
|
|
|
+ Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
|
|
|
+ The provisions of these Terms and any Additional Terms, which by their nature should survive your
|
|
|
+ suspension or termination will survive, including the rights and licenses you grant to Musare in
|
|
|
+ these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the
|
|
|
+ provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.</p>
|
|
|
+ </main>
|
|
|
+ );
|
|
|
+ }
|
|
|
+}
|
KrisVos130