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- 			<h1>MUSARE TERMS OF SERVICE</h1>
 
- 			<h4>Last Updated: January 25, 2016</h4>
 
- 			<h4>1. Introduction</h4>
 
- 			<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>
 
- 			<h4>2. Description of Service</h4>
 
- 			<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>
 
- 			<h4>3. Accounts and Profiles</h4>
 
- 			<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>
 
- 			<h4>
 
- 				4. Site Content, Ownership, Limited License and Rights of Others
 
- 			</h4>
 
- 			<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>
 
- 			<h4>5. Content You Submit</h4>
 
- 			<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>
 
- 			<h4>6. Our Rules</h4>
 
- 			<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>
 
- 			<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 award
 
- 				the prevailing party damages and other relief (including
 
- 				attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO
 
- 				JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION
 
- 				OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C)
 
- 				JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All
 
- 				parties to the arbitration will have the right, at their own
 
- 				expense, to be represented by an attorney or other advocate of
 
- 				their choosing. If an in-person arbitration hearing is required,
 
- 				then it will be conducted in the “metropolitan statistical area”
 
- 				(as defined by the U.S. Census Bureau) where you are a resident
 
- 				at the time the Dispute is submitted to arbitration. You and we
 
- 				will pay the administrative and arbitrator’s fees and other
 
- 				costs in accordance with the applicable arbitration rules; but
 
- 				if applicable arbitration rules or laws require Musare to pay a
 
- 				greater portion or all of such fees and costs in order for this
 
- 				Section 14 to be enforceable, then Musare will have the right to
 
- 				elect to pay the fees and costs and proceed to arbitration, or
 
- 				to decline to do so and have the matter resolved through the
 
- 				courts. Discovery will be permitted pursuant to the applicable
 
- 				arbitration rules. The arbitrator’s decision must consist of a
 
- 				written statement stating the disposition of each claim of the
 
- 				Dispute, and must provide a statement of the essential findings
 
- 				and conclusions on which the decision and any award (if any) is
 
- 				based. Judgment on the arbitration decision and award (if any)
 
- 				may be entered in or by any court that has jurisdiction over the
 
- 				parties pursuant to Section 9 of the Federal Arbitration Act.
 
- 			</p>
 
- 			<p>
 
- 				<b>C. Limited Time To File Claims.</b> TO THE FULLEST EXTENT
 
- 				PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A
 
- 				DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN
 
- 				YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET
 
- 				FORTH IN SECTION 14.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE
 
- 				ARISES – OR IT WILL BE FOREVER BARRED.
 
- 			</p>
 
- 			<p>
 
- 				<b>D. Injunctive Relief.</b> The foregoing provisions of this
 
- 				Section 14 will not apply to any legal action taken by Musare to
 
- 				seek an injunction or other equitable relief in connection with,
 
- 				any loss, cost, or damage (or any potential loss, cost, or
 
- 				damage) relating to the Site, any Content, your User-Generated
 
- 				Content and/or Musare’s intellectual property rights (including
 
- 				such Musare may claim that may be in dispute), Musare’s
 
- 				operations, and/or Musare’s products or services.
 
- 			</p>
 
- 			<p>
 
- 				<b
 
- 					>E. Small Claims Matters Are Excluded From Arbitration
 
- 					Requirement.</b
 
- 				>
 
- 				Notwithstanding the foregoing, either of us may bring qualifying
 
- 				claim of Disputes (but not Excluded Disputes) in small claims
 
- 				court, subject to Section 14.G.
 
- 			</p>
 
- 			<p>
 
- 				<b>F. No Class Action Matters.</b> Disputes will be arbitrated
 
- 				only on an individual basis and will not be consolidated with
 
- 				any other arbitration or other proceedings that involve any
 
- 				claim or controversy of any other party. But if, for any reason,
 
- 				any court with competent jurisdiction or any arbitrator selected
 
- 				pursuant to Section 14.B(i) holds that this restriction is
 
- 				unconscionable or unenforceable, then our agreement in Section
 
- 				14.B to arbitrate will not apply and the Dispute must be brought
 
- 				exclusively in court pursuant to Section 14.G.
 
- 			</p>
 
- 			<p>
 
- 				<b>G. Federal and State Courts in Los Angeles.</b> Except to the
 
- 				extent that arbitration is required in Section 14.B, and except
 
- 				as to the enforcement of any arbitration decision or award, any
 
- 				action or proceeding relating to any Dispute or Excluded Dispute
 
- 				may only be instituted in state or federal court in Los Angeles
 
- 				County, California. Accordingly, you and Musare consent to the
 
- 				exclusive personal jurisdiction and venue of such courts for
 
- 				such matters.
 
- 			</p>
 
- 			<h4>15. Waiver of Injunctive or Other Equitable Relief</h4>
 
- 			<p>
 
- 				IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR
 
- 				INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE
 
- 				LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR
 
- 				SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE
 
- 				RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR
 
- 				CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT
 
- 				BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY
 
- 				INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY
 
- 				WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT,
 
- 				SITE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR
 
- 				CONTROLLED BY MUSARE (INCLUDING YOUR LICENSED USER-GENERATED
 
- 				CONTENT) OR A LICENSOR OF MUSARE.
 
- 			</p>
 
- 			<h4>16. Force Majeure</h4>
 
- 			<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>
 
- 			<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>
 
- 			<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>
 
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