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- import React, {Component} from "react";
- import async from "async";
- import PropTypes from "prop-types";
- import {connect} from "react-redux";
- import {NavLink} from "react-router-dom";
- import {translate} from "react-i18next";
- @translate(["terms"], {wait: true})
- export default class Terms extends Component {
- static propTypes = {
- t: PropTypes.func,
- };
- static defaultProps = {
- t: () => {
- },
- };
- render() {
- const {t} = this.props;
- return (
- <main id="terms">
- <h1>{t("terms:title")}</h1>
- <h2>Last Updated: January 25, 2016</h2>
- <h3>1. Introduction</h3>
- <p>Musare.com (“musare” or the “Site”) is a social viewing platform that allows you and your friends to
- watch videos and listen to music together and to provide social commentary based on their
- experiences (collectively the “Content”). Before viewing, using, or interacting with our Site you
- must first agree to these Terms of (“Agreement” or “Terms”). When we say “you” we mean the person
- who is viewing, interacting, or registering with our Site, along with anyone that they may
- represent. When we say “Musare,” “musare.com,“ “us,” “our” or “we,” we are referring to the owners
- of the Site, and its successors and assigns. This Agreement, along with our Privacy Policy and any
- other agreements will govern our relationship. By using the Site, you acknowledge and accept the
- Site’s Privacy Policy and consent to the collection and use of your data in accordance with the
- Privacy Policy.</p>
- <p>In some instances, both these Terms and separate guidelines, rules, or terms of service or sale
- setting forth additional or different terms and/or conditions will apply to your use of the Site or
- to a service or product offered via the Site (in each such instance, and collectively “Additional
- Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the
- Additional Terms will control unless the Additional Terms expressly state otherwise.</p>
- <h3>2. Description of Service</h3>
- <p>Musare is an online platform that melds social media and entertainment. In other words, Musare is
- designed to allow you and your friends to watch videos or listen to music together. As part of our
- platform you will create a unique profile that will allow others to find you and for you to express
- yourself. As of now, we require all of our users to be at least 13 years old. If you are between the
- ages of 13 and 17 then we may require you to obtain permission from your parents to agree to these
- Terms. If you are under the age of majority in your state or jurisdiction of residence, you may use
- the Site only with involvement of a parent or guardian who agrees to these Terms and to be
- responsible for your use.</p>
- <h3>3. Accounts and Profiles</h3>
- <p>In order for you to access Musare we may require that you create a unique account to associate with a
- profile. You may be required to provide us with information, which includes, but is not limited to,
- your name, address, email address, a unique login name and password. The Site’s practices governing
- any resulting collection and use of your personal information are disclosed in its Privacy Policy.
- It is your responsibility to also keep this information updated and accurate.</p>
- <p>We may also allow you to use a third party API to sign up for our Site, like GitHub Authentication.
- Whenever you use this feature, certain information will be transferred from the third party account
- and will populate your profile here at Musare. It is important to read and understand that third
- parties privacy and information sharing practices and principles. More importantly, you will be
- making certain information publicly viewable.</p>
- <p>If you register for any feature that requires a password and/or username, then you will select your
- own password at the time of registration (or we may send you an e-mail notification with a randomly
- generated initial password) and you agree that: (i) You will not use a username (or e-mail address)
- that is already being used by someone else, may impersonate another person, belongs to another
- person, violates the intellectual property or other right of any person or entity, or is offensive.
- We may reject the use of any password, username, or e-mail address for any other reason in our sole
- discretion; (ii) You will provide true, accurate, current, and complete registration information
- about yourself in connection with the registration process and, as permitted, to maintain and update
- it including on your Profile Page, continuously and promptly to keep it accurate, current, and
- complete; (iii) You are solely responsible for all activities that occur under your account,
- password, and username – whether or not you authorized the activity; (iv) You are solely responsible
- for maintaining the confidentiality of your password and for restricting access to your Device so
- that others may not access any password protected portion of the Site using your name, username, or
- password; (v) You will immediately notify us of any unauthorized use of your account, password, or
- username, or any other breach of security; and (vi) You will not sell, transfer, or assign your
- account or any account rights.</p>
- <p>We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any
- third party arising from your inability or failure for any reason to comply with any of the
- foregoing obligations.</p>
- <p>If any information that you provide, or if we have reasonable grounds to suspect that any information
- that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any
- Additional Terms, or any applicable law, then we may suspend or terminate your account. We also
- reserve the more general and broad right to terminate your account or suspend or otherwise deny you
- access to it or its benefits – all in our sole discretion, for any reason, and without advance
- notice or liability.</p>
- <p>Your Site page where you maintain a profile (“Profile Page”) may not include any form of prohibited
- User-Generated Content (defined below), as outlined in Section 6 below. Without limiting the
- foregoing, Profile Pages may not include content that you are attempting to sell through the Site,
- and cannot be used to conduct commercial activities, including, but not limited to, transactions,
- advertising, fundraising, contests or other promotions absent our prior written consent. We may
- offer you the ability to set preferences relating to your profile or Site activities, but settings
- may not become effective immediately or be error free, and options may change from time-to-time. We
- assume no responsibility or liability for users’ Profile material.</p>
- <p>Profile Pages may only be set up by an authorized representative of the individual that is the
- subject of the Profile Page. We do not review Profile Pages to determine if they were created by an
- appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on
- the Site. If there is any dispute as to whether a Profile Page has been created or is being
- maintained by an authorized representative of the individual who is the subject of that Profile
- Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we
- determine is appropriate in our sole discretion. Such resolution may include, without limitation,
- deleting or disabling access to Profile Pages, or any portion thereof, at any time without
- notice.</p>
- <h3>4. Site Content, Ownership, Limited License and Rights of Others</h3>
- <p><b>A. Content.</b> The Site contains a variety of: (i) materials and other items relating to Musare
- and its products and services, and similar items from our licensors and other third parties,
- including all layout, information, articles, posts, text, data, files, images, scripts, designs,
- graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds,
- pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and
- feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and
- any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade
- names, trade dress, service marks, and trade identities of various parties, including those of
- Musare (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the
- foregoing, collectively “Content”).</p>
- <p><b>B. Ownership.</b> The Site (including past, present, and future versions) and the Content are
- owned or controlled by Musare and our licensors and certain other third parties. All right, title,
- and interest in and to the Content available via the Site is the property of Musare or our licensors
- or certain other third parties, and is protected by U.S. and international copyright, trademark,
- trade dress, patent and/or other intellectual property and unfair competition rights and laws to the
- fullest extent possible. Musare owns the copyright in the selection, compilation, assembly,
- arrangement, and enhancement of the Content on the Site</p>
- <p><b>C. Limited License.</b> Subject to your strict compliance with these Terms and the Additional
- Terms, Musare grants you a limited, non-exclusive, revocable, non-assignable, personal, and
- non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or
- print one copy of the Content (excluding source and object code in raw form or otherwise, other than
- as made available to access and use to enable display and functionality) on a personal computer,
- mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your
- personal, non-commercial use only, and (ii) to use certain Content that we may from time to time
- make available on the Site explicitly for you for use as part of your User-Generated Content. The
- foregoing limited license: (i) does not give you any ownership of, or any other intellectual
- property interest in, any Content, and (ii) may be immediately suspended or terminated for any
- reason, in Musare’s sole discretion, and without advance notice or liability. In some instances, we
- may permit you to have greater access to and use of Content, subject to certain Additional Terms.
- </p>
- <p><b>D. Rights of Others.</b> In using the Site, you must respect the intellectual property and other
- rights of Musare and others. Your unauthorized use of Content may violate copyright, trademark,
- privacy, publicity, communications, and other laws, and any such use may result in your personal
- liability, including potential criminal liability. Musare respects the intellectual property rights
- of others. If you believe that your work has been infringed by means of an improper posting or
- distribution of it via the Site, then please see Section 8 below.</p>
- <h3>5. Content You Submit</h3>
- <p><b>A. General.</b> Musare may now or in the future offer users of the Site the opportunity to create,
- build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available
- on or submit through the Site (collectively, “submit”) messages, avatars, text, illustrations,
- files, images, graphics, photos, comments, responses, sounds, music, videos, information, content,
- ratings, reviews, data, questions, suggestions, personally identifiable information, or other
- information or materials and the ideas contained therein (collectively, “User-Generated Content”).
- Musare may allow you to do this through forums, blogs, message boards, social networking
- environments, content creation tools, gameplay, social communities, contact us tools, e-mail, and
- other communications functionality. Subject to the rights and license you grant in these Terms, you
- retain whatever legally cognizable right, title, and interest that you have in your User-Generated
- Content and you remain ultimately responsible for it.</p>
- <p><b>B. Non-Confidentiality of Your User-Generated Content.</b> Except as otherwise described in the
- Site’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated
- Content will be treated as non-confidential – regardless of whether you mark them “confidential,”
- “proprietary,” or the like – and will not be returned, and (b) Musare does not assume any obligation
- of any kind to you or any third party with respect to your User-Generated Content. Upon Musare’s
- request, you will furnish us with any documentation necessary to substantiate the rights to such
- content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that
- the Internet and mobile communications may be subject to breaches of security and that you are aware
- that submissions of User-Generated Content may not be secure, and you will consider this before
- submitting any User-Generated Content and do so at your own risk. In your communications with
- Musare, please keep in mind that we do not seek any unsolicited ideas or materials for products or
- services, or even suggested improvements to products or services, including, without limitation,
- ideas, concepts, inventions, or designs for music, web sites, apps, books, scripts, screenplays,
- motion pictures, television shows, theatrical productions, software or otherwise (collectively,
- “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us
- via the Site are deemed User-Generated Content and licensed to us as set forth below. In addition,
- Musare retains all of the rights held by members of the general public with regard to your
- Unsolicited Ideas and Materials. Musare’s receipt of your Unsolicited Ideas and Materials is not an
- admission by Musare of their novelty, priority, or originality, and it does not impair Musare’s
- right to contest existing or future intellectual property rights relating to your Unsolicited Ideas
- and Materials.</p>
- <p><b>C. License to Musare of Your User-Generated Content.</b> Except as otherwise described in any
- applicable Additional Terms (such as a contest official rules), which specifically govern the
- submission of your User-Generated Content, you hereby grant to Musare, the non-exclusive,
- unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and
- license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through
- multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make
- derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of
- your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all
- formats, on or through any means or medium now known or hereafter developed, and with any technology
- or devices now known or hereafter developed, and to advertise, market, and promote the same. Without
- limitation, the granted rights include the right to: (a) configure, host, index, cache, archive,
- store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format,
- and remove such User-Generated Content and combine same with other materials, and (b) use any ideas,
- concepts, know-how, or techniques contained in any User-Generated Content for any purposes
- whatsoever, including developing, producing, and marketing products and/or services. You understand
- that in exercising such rights metadata, notices and content may be removed or altered, including
- copyright management information, and you consent thereto and represent and warrant you have all
- necessary authority to do so. In order to further effect the rights and license that you grant to
- Musare to your User-Generated Content, you also hereby grant to Musare, and agree to grant to
- Musare, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and
- likeness in connection with any User-Generated Content, without any obligation or remuneration to
- you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights
- (including attribution and integrity) that you may have in any User-Generated Content, even if it is
- altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably
- agree not to exercise such rights (if any) in a manner that interferes with any exercise of the
- granted rights. You understand that you will not receive any fees, sums, consideration, or
- remuneration for any of the rights granted in this Section 5(C).</p>
- <p><b>D. Exclusive Right to Manage Our Site.</b> Musare may, but will not have any obligation to,
- review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your
- User-Generated Content, and Musare may, in its sole discretion, reject, delete, move, re-format,
- remove or refuse to post or otherwise make use of User-Generated Content without notice or any
- liability to you or any third party in connection with our operation of User-Generated Content
- venues in an appropriate manner. Without limitation, we may do so to address content that comes to
- our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing,
- threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights
- of third parties or these Terms or any applicable Additional Terms, including, without limitation,
- the content restrictions set forth below in Section 6. Such User-Generated Content submitted by you
- or others need not be maintained on the Site by us for any period of time and you will not have the
- right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on
- the Site or elsewhere.</p>
- <p><b>E. Representations and Warranties Related to Your User-Generated Content.</b> Each time you submit
- any User-Generated Content, you represent and warrant that you are at least the age of majority in
- the jurisdiction in which you reside and are the parent or legal guardian, or have all proper
- consents from the parent or legal guardian, of any minor who is depicted in or contributed to any
- User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole
- author and owner of the intellectual property and other rights to the User-Generated Content, or you
- have a lawful right to submit the User-Generated Content and grant Musare the rights to it that you
- are granting by these Terms and any Additional Terms, all without any Musare obligation to obtain
- consent of any third party and without creating any obligation or liability of Musare; (b) the
- User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Musare’s
- permitted uses and exploitation set forth in these Terms, will not infringe any intellectual
- property or other right of any third party; and (d) the User-Generated Content will not violate
- these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
- </p>
- <p><b>F. Enforcement.</b> Musare has no obligation to monitor or enforce your intellectual property
- rights to your User-Generated Content, but you grant us the right to protect and enforce our rights
- to your User-Generated Content, including by bringing and controlling actions in your name and on
- your behalf (at Musare’s cost and expense, to which you hereby consent and irrevocably appoint
- Musare as your attorney-in-fact, with the power of substitution and delegation, which appointment is
- coupled with an interest).</p>
- <h3>6. Our Rules</h3>
- <p>We may, but are not obligated to, provide our users with the ability to post and receive messages
- from other Musare-listed users or allow you to participate in video or live chats with your friends
- or other users. If we do, you will not use the messaging system or your username to spam, defame,
- harass, or do anything we find to be objectionable (which is up to us), including, but not limited
- to, language that attacks or demeans a group based on race or ethnic origin, religion, disability,
- gender, age, veteran status and sexual orientation or gender identity. It is your responsibility to
- maintain proper etiquette, and we reserve the right to terminate the account for anyone who violates
- our policies. We also do not monitor any particular chat, but reserve the right to edit, modify,
- ban, or filter any User-Generated Content or username for any reason. If someone posts something
- that is offensive or objectionable please let us know and we will do our best to accommodate you. We
- do not, however, assume any obligation to remove such User-Generated Content.</p>
- <p>You may share videos and music that is hosted on a third party website (i.e., Youtube, Soundcloud,
- etc.) but only if it does not conflict with their terms or any applicable law. You may not, however,
- share, post or otherwise communicate any content (video, audio, or text) that is unlawful,
- threatening, violent, pornographic, harassing, obscene, racist, defamatory, or otherwise
- objectionable. We reserve the right to determine what is objectionable at our sole discretion.</p>
- <p>In addition to the above, you agree that you will not:</p>
- <ul>
- <li>* Infringe on anyone's intellectual property or other legal rights (i.e. invasion of privacy).
- </li>
- <li>* Hack, crack, phish, SQL inject, or otherwise compromise the security of our website or its
- servers.
- </li>
- <li>* Solicit business, spam, or otherwise use our service for commercial purposes unless expressly
- authorized by us.
- </li>
- <li>* Defraud or threaten any of our users through any method, whether it be through our website or
- through another method of communication.
- </li>
- <li>* Create more than one active user account, or create a new user account if we have previously
- banned, suspended, or otherwise terminated your first user account.
- </li>
- <li>* Harass anyone.</li>
- <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 giving you a spoken warning, temporarily suspend your account, ban you, or
- take you to Court.</p>
- <h3>7. Sharing Videos and Music</h3>
- <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>
- <h3>8. DMCA Notices</h3>
- <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>
- <h3>9. Points and Virtual Currency</h3>
- <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>
- { /* <h3>10. Terms of Sale</h3>
- <p><b>SOON TO COME</b></p> */ }
- <h3>11. Disclaimer and Limitation of Liability</h3>
- <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>
- <h3>12. Indemnity</h3>
- <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>
- <h3>13. Choice of Law</h3>
- <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>
- <h3>14. Dispute Resolution</h3>
- <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>
- <h3>15. Waiver of Injunctive or Other Equitable Relief</h3>
- <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>
- <h3>16. Force Majeure</h3>
- <p>You agree that we are not responsible to you for anything that we may otherwise be responsible for,
- 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>
- <h3>17. Cancellation of Service</h3>
- <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>
- <h3>18. Severability</h3>
- <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>
- <h3>19. Update to Terms</h3>
- <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>
- <h3>20. Investigations; Cooperation with Law Enforcement; Termination; Survival</h3>
- <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>
- );
- }
- }
|