Terms.vue 56 KB

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  1. <script setup lang="ts">
  2. import { defineAsyncComponent } from "vue";
  3. const MainHeader = defineAsyncComponent(
  4. () => import("@/components/MainHeader.vue")
  5. );
  6. const MainFooter = defineAsyncComponent(
  7. () => import("@/components/MainFooter.vue")
  8. );
  9. </script>
  10. <template>
  11. <div class="app">
  12. <page-metadata title="Terms of Service" />
  13. <main-header />
  14. <div class="container">
  15. <h1>MUSARE TERMS OF SERVICE</h1>
  16. <h4>Last Updated: January 25, 2016</h4>
  17. <h4>1. Introduction</h4>
  18. <p>
  19. Musare.com (“musare” or the “Site”) is a social viewing platform
  20. that allows you and your friends to watch videos and listen to
  21. music together and to provide social commentary based on their
  22. experiences (collectively the “Content”). Before viewing, using,
  23. or interacting with our Site you must first agree to these Terms
  24. of (“Agreement” or “Terms”). When we say “you” we mean the
  25. person who is viewing, interacting, or registering with our
  26. Site, along with anyone that they may represent. When we say
  27. “Musare,” “musare.com,“ “us,” “our” or “we,” we are referring to
  28. the owners of the Site, and its successors and assigns. This
  29. Agreement, along with our Privacy Policy and any other
  30. agreements will govern our relationship. By using the Site, you
  31. acknowledge and accept the Site’s Privacy Policy and consent to
  32. the collection and use of your data in accordance with the
  33. Privacy Policy.
  34. </p>
  35. <p>
  36. In some instances, both these Terms and separate guidelines,
  37. rules, or terms of service or sale setting forth additional or
  38. different terms and/or conditions will apply to your use of the
  39. Site or to a service or product offered via the Site (in each
  40. such instance, and collectively “Additional Terms”). To the
  41. extent there is a conflict between these Terms and any
  42. Additional Terms, the Additional Terms will control unless the
  43. Additional Terms expressly state otherwise.
  44. </p>
  45. <h4>2. Description of Service</h4>
  46. <p>
  47. Musare is an online platform that melds social media and
  48. entertainment. In other words, Musare is designed to allow you
  49. and your friends to watch videos or listen to music together. As
  50. part of our platform you will create a unique profile that will
  51. allow others to find you and for you to express yourself. As of
  52. now, we require all of our users to be at least 13 years old. If
  53. you are between the ages of 13 and 17 then we may require you to
  54. obtain permission from your parents to agree to these Terms. If
  55. you are under the age of majority in your state or jurisdiction
  56. of residence, you may use the Site only with involvement of a
  57. parent or guardian who agrees to these Terms and to be
  58. responsible for your use.
  59. </p>
  60. <h4>3. Accounts and Profiles</h4>
  61. <p>
  62. In order for you to access Musare we may require that you create
  63. a unique account to associate with a profile. You may be
  64. required to provide us with information, which includes, but is
  65. not limited to, your name, address, email address, a unique
  66. login name and password. The Site’s practices governing any
  67. resulting collection and use of your personal information are
  68. disclosed in its Privacy Policy. It is your responsibility to
  69. also keep this information updated and accurate.
  70. </p>
  71. <p>
  72. We may also allow you to use a third party API to sign up for
  73. our Site. Whenever you use this feature, certain information will
  74. be transferred from the third party account and will populate your
  75. profile here at Musare. It is important to read and understand that
  76. third parties privacy and information sharing practices and
  77. principles. More importantly, you will be making certain information
  78. publicly viewable.
  79. </p>
  80. <p>
  81. If you register for any feature that requires a password and/or
  82. username, then you will select your own password at the time of
  83. registration (or we may send you an e-mail notification with a
  84. randomly generated initial password) and you agree that: (i) You
  85. will not use a username (or e-mail address) that is already
  86. being used by someone else, may impersonate another person,
  87. belongs to another person, violates the intellectual property or
  88. other right of any person or entity, or is offensive. We may
  89. reject the use of any password, username, or e-mail address for
  90. any other reason in our sole discretion; (ii) You will provide
  91. true, accurate, current, and complete registration information
  92. about yourself in connection with the registration process and,
  93. as permitted, to maintain and update it including on your
  94. Profile Page, continuously and promptly to keep it accurate,
  95. current, and complete; (iii) You are solely responsible for all
  96. activities that occur under your account, password, and username
  97. – whether or not you authorized the activity; (iv) You are
  98. solely responsible for maintaining the confidentiality of your
  99. password and for restricting access to your Device so that
  100. others may not access any password protected portion of the Site
  101. using your name, username, or password; (v) You will immediately
  102. notify us of any unauthorized use of your account, password, or
  103. username, or any other breach of security; and (vi) You will not
  104. sell, transfer, or assign your account or any account rights.
  105. </p>
  106. <p>
  107. We will not be liable for any loss or damage (of any kind and
  108. under any legal theory) to you or any third party arising from
  109. your inability or failure for any reason to comply with any of
  110. the foregoing obligations.
  111. </p>
  112. <p>
  113. If any information that you provide, or if we have reasonable
  114. grounds to suspect that any information that you provide, is
  115. false, inaccurate, outdated, incomplete, or violates these
  116. Terms, any Additional Terms, or any applicable law, then we may
  117. suspend or terminate your account. We also reserve the more
  118. general and broad right to terminate your account or suspend or
  119. otherwise deny you access to it or its benefits – all in our
  120. sole discretion, for any reason, and without advance notice or
  121. liability.
  122. </p>
  123. <p>
  124. Your Site page where you maintain a profile (“Profile Page”) may
  125. not include any form of prohibited User-Generated Content
  126. (defined below), as outlined in Section 6 below. Without
  127. limiting the foregoing, Profile Pages may not include content
  128. that you are attempting to sell through the Site, and cannot be
  129. used to conduct commercial activities, including, but not
  130. limited to, transactions, advertising, fundraising, contests or
  131. other promotions absent our prior written consent. We may offer
  132. you the ability to set preferences relating to your profile or
  133. Site activities, but settings may not become effective
  134. immediately or be error free, and options may change from
  135. time-to-time. We assume no responsibility or liability for
  136. users’ Profile material.
  137. </p>
  138. <p>
  139. Profile Pages may only be set up by an authorized representative
  140. of the individual that is the subject of the Profile Page. We do
  141. not review Profile Pages to determine if they were created by an
  142. appropriate party, and we are not responsible for any
  143. unauthorized Profile Pages that may appear on the Site. If there
  144. is any dispute as to whether a Profile Page has been created or
  145. is being maintained by an authorized representative of the
  146. individual who is the subject of that Profile Page, then we
  147. shall have the sole right, but are not obligated, to resolve
  148. such dispute as we determine is appropriate in our sole
  149. discretion. Such resolution may include, without limitation,
  150. deleting or disabling access to Profile Pages, or any portion
  151. thereof, at any time without notice.
  152. </p>
  153. <h4>
  154. 4. Site Content, Ownership, Limited License and Rights of Others
  155. </h4>
  156. <p>
  157. <b>A. Content.</b> The Site contains a variety of: (i) materials
  158. and other items relating to Musare and its products and
  159. services, and similar items from our licensors and other third
  160. parties, including all layout, information, articles, posts,
  161. text, data, files, images, scripts, designs, graphics, button
  162. icons, instructions, illustrations, photographs, audio clips,
  163. music, sounds, pictures, videos, advertising copy, URLs,
  164. technology, software, interactive features, the “look and feel”
  165. of the Site, and the compilation, assembly, and arrangement of
  166. the materials of the Site and any and all copyrightable material
  167. (including source and object code); (ii) trademarks, logos,
  168. trade names, trade dress, service marks, and trade identities of
  169. various parties, including those of Musare (collectively,
  170. “Trademarks”); and (iii) other forms of intellectual property
  171. (all of the foregoing, collectively “Content”).
  172. </p>
  173. <p>
  174. <b>B. Ownership.</b> The Site (including past, present, and
  175. future versions) and the Content are owned or controlled by
  176. Musare and our licensors and certain other third parties. All
  177. right, title, and interest in and to the Content available via
  178. the Site is the property of Musare or our licensors or certain
  179. other third parties, and is protected by U.S. and international
  180. copyright, trademark, trade dress, patent and/or other
  181. intellectual property and unfair competition rights and laws to
  182. the fullest extent possible. Musare owns the copyright in the
  183. selection, compilation, assembly, arrangement, and enhancement
  184. of the Content on the Site
  185. </p>
  186. <p>
  187. <b>C. Limited License.</b> Subject to your strict compliance
  188. with these Terms and the Additional Terms, Musare grants you a
  189. limited, non-exclusive, revocable, non-assignable, personal, and
  190. non-transferable license to: (i) download (temporary storage
  191. only), display, view, use, play, and/or print one copy of the
  192. Content (excluding source and object code in raw form or
  193. otherwise, other than as made available to access and use to
  194. enable display and functionality) on a personal computer, mobile
  195. phone or other wireless device, or other Internet enabled device
  196. (each, a “Device”) for your personal, non-commercial use only,
  197. and (ii) to use certain Content that we may from time to time
  198. make available on the Site explicitly for you for use as part of
  199. your User-Generated Content. The foregoing limited license: (i)
  200. does not give you any ownership of, or any other intellectual
  201. property interest in, any Content, and (ii) may be immediately
  202. suspended or terminated for any reason, in Musare’s sole
  203. discretion, and without advance notice or liability. In some
  204. instances, we may permit you to have greater access to and use
  205. of Content, subject to certain Additional Terms.
  206. </p>
  207. <p>
  208. <b>D. Rights of Others.</b> In using the Site, you must respect
  209. the intellectual property and other rights of Musare and others.
  210. Your unauthorized use of Content may violate copyright,
  211. trademark, privacy, publicity, communications, and other laws,
  212. and any such use may result in your personal liability,
  213. including potential criminal liability. Musare respects the
  214. intellectual property rights of others. If you believe that your
  215. work has been infringed by means of an improper posting or
  216. distribution of it via the Site, then please see Section 8
  217. below.
  218. </p>
  219. <h4>5. Content You Submit</h4>
  220. <p>
  221. <b>A. General.</b> Musare may now or in the future offer users
  222. of the Site the opportunity to create, build, post, upload,
  223. display, publish, distribute, transmit, broadcast, or otherwise
  224. make available on or submit through the Site (collectively,
  225. “submit”) messages, avatars, text, illustrations, files, images,
  226. graphics, photos, comments, responses, sounds, music, videos,
  227. information, content, ratings, reviews, data, questions,
  228. suggestions, personally identifiable information, or other
  229. information or materials and the ideas contained therein
  230. (collectively, “User-Generated Content”). Musare may allow you
  231. to do this through forums, blogs, message boards, social
  232. networking environments, content creation tools, gameplay,
  233. social communities, contact us tools, e-mail, and other
  234. communications functionality. Subject to the rights and license
  235. you grant in these Terms, you retain whatever legally cognizable
  236. right, title, and interest that you have in your User-Generated
  237. Content and you remain ultimately responsible for it.
  238. </p>
  239. <p>
  240. <b>B. Non-Confidentiality of Your User-Generated Content.</b>
  241. Except as otherwise described in the Site’s posted Privacy
  242. Policy or any Additional Terms, you agree that: (a) your
  243. User-Generated Content will be treated as non-confidential –
  244. regardless of whether you mark them “confidential,”
  245. “proprietary,” or the like – and will not be returned, and (b)
  246. Musare does not assume any obligation of any kind to you or any
  247. third party with respect to your User-Generated Content. Upon
  248. Musare’s request, you will furnish us with any documentation
  249. necessary to substantiate the rights to such content and to
  250. verify your compliance with these Terms or any Additional Terms.
  251. You acknowledge that the Internet and mobile communications may
  252. be subject to breaches of security and that you are aware that
  253. submissions of User-Generated Content may not be secure, and you
  254. will consider this before submitting any User-Generated Content
  255. and do so at your own risk. In your communications with Musare,
  256. please keep in mind that we do not seek any unsolicited ideas or
  257. materials for products or services, or even suggested
  258. improvements to products or services, including, without
  259. limitation, ideas, concepts, inventions, or designs for music,
  260. web sites, apps, books, scripts, screenplays, motion pictures,
  261. television shows, theatrical productions, software or otherwise
  262. (collectively, “Unsolicited Ideas and Materials”). Any
  263. Unsolicited Ideas and Materials you post on or send to us via
  264. the Site are deemed User-Generated Content and licensed to us as
  265. set forth below. In addition, Musare retains all of the rights
  266. held by members of the general public with regard to your
  267. Unsolicited Ideas and Materials. Musare’s receipt of your
  268. Unsolicited Ideas and Materials is not an admission by Musare of
  269. their novelty, priority, or originality, and it does not impair
  270. Musare’s right to contest existing or future intellectual
  271. property rights relating to your Unsolicited Ideas and
  272. Materials.
  273. </p>
  274. <p>
  275. <b>C. License to Musare of Your User-Generated Content.</b>
  276. Except as otherwise described in any applicable Additional Terms
  277. (such as a contest official rules), which specifically govern
  278. the submission of your User-Generated Content, you hereby grant
  279. to Musare, the non-exclusive, unrestricted, unconditional,
  280. unlimited, worldwide, irrevocable, perpetual, and cost-free
  281. right and license to use, copy, record, distribute, reproduce,
  282. disclose, sell, re-sell, sublicense (through multiple levels),
  283. display, publicly perform, transmit, publish, broadcast,
  284. translate, make derivative works of, and otherwise use and
  285. exploit in any manner whatsoever, all or any portion of your
  286. User-Generated Content (and derivative works thereof), for any
  287. purpose whatsoever in all formats, on or through any means or
  288. medium now known or hereafter developed, and with any technology
  289. or devices now known or hereafter developed, and to advertise,
  290. market, and promote the same. Without limitation, the granted
  291. rights include the right to: (a) configure, host, index, cache,
  292. archive, store, digitize, compress, optimize, modify, reformat,
  293. edit, adapt, publish in searchable format, and remove such
  294. User-Generated Content and combine same with other materials,
  295. and (b) use any ideas, concepts, know-how, or techniques
  296. contained in any User-Generated Content for any purposes
  297. whatsoever, including developing, producing, and marketing
  298. products and/or services. You understand that in exercising such
  299. rights metadata, notices and content may be removed or altered,
  300. including copyright management information, and you consent
  301. thereto and represent and warrant you have all necessary
  302. authority to do so. In order to further effect the rights and
  303. license that you grant to Musare to your User-Generated Content,
  304. you also hereby grant to Musare, and agree to grant to Musare,
  305. the unconditional, perpetual, irrevocable right to use and
  306. exploit your name, persona, and likeness in connection with any
  307. User-Generated Content, without any obligation or remuneration
  308. to you. Except as prohibited by law, you hereby waive, and you
  309. agree to waive, any moral rights (including attribution and
  310. integrity) that you may have in any User-Generated Content, even
  311. if it is altered or changed in a manner not agreeable to you. To
  312. the extent not waivable, you irrevocably agree not to exercise
  313. such rights (if any) in a manner that interferes with any
  314. exercise of the granted rights. You understand that you will not
  315. receive any fees, sums, consideration, or remuneration for any
  316. of the rights granted in this Section 5(C).
  317. </p>
  318. <p>
  319. <b>D. Exclusive Right to Manage Our Site.</b> Musare may, but
  320. will not have any obligation to, review, monitor, display, post,
  321. store, maintain, accept, or otherwise make use of, any of your
  322. User-Generated Content, and Musare may, in its sole discretion,
  323. reject, delete, move, re-format, remove or refuse to post or
  324. otherwise make use of User-Generated Content without notice or
  325. any liability to you or any third party in connection with our
  326. operation of User-Generated Content venues in an appropriate
  327. manner. Without limitation, we may do so to address content that
  328. comes to our attention that we believe is offensive, obscene,
  329. lewd, lascivious, filthy, violent, harassing, threatening,
  330. abusive, illegal or otherwise objectionable or inappropriate, or
  331. to enforce the rights of third parties or these Terms or any
  332. applicable Additional Terms, including, without limitation, the
  333. content restrictions set forth below in Section 6. Such
  334. User-Generated Content submitted by you or others need not be
  335. maintained on the Site by us for any period of time and you will
  336. not have the right, once submitted, to access, archive,
  337. maintain, or otherwise use such User-Generated Content on the
  338. Site or elsewhere.
  339. </p>
  340. <p>
  341. <b
  342. >E. Representations and Warranties Related to Your
  343. User-Generated Content.</b
  344. >
  345. Each time you submit any User-Generated Content, you represent
  346. and warrant that you are at least the age of majority in the
  347. jurisdiction in which you reside and are the parent or legal
  348. guardian, or have all proper consents from the parent or legal
  349. guardian, of any minor who is depicted in or contributed to any
  350. User-Generated Content you submit, and that, as to that
  351. User-Generated Content, (a) you are the sole author and owner of
  352. the intellectual property and other rights to the User-Generated
  353. Content, or you have a lawful right to submit the User-Generated
  354. Content and grant Musare the rights to it that you are granting
  355. by these Terms and any Additional Terms, all without any Musare
  356. obligation to obtain consent of any third party and without
  357. creating any obligation or liability of Musare; (b) the
  358. User-Generated Content is accurate; (c) the User-Generated
  359. Content does not and, as to Musare’s permitted uses and
  360. exploitation set forth in these Terms, will not infringe any
  361. intellectual property or other right of any third party; and (d)
  362. the User-Generated Content will not violate these Terms
  363. (including the Rules) or any Additional Terms, or cause injury
  364. or harm to any person.
  365. </p>
  366. <p>
  367. <b>F. Enforcement.</b> Musare has no obligation to monitor or
  368. enforce your intellectual property rights to your User-Generated
  369. Content, but you grant us the right to protect and enforce our
  370. rights to your User-Generated Content, including by bringing and
  371. controlling actions in your name and on your behalf (at Musare’s
  372. cost and expense, to which you hereby consent and irrevocably
  373. appoint Musare as your attorney-in-fact, with the power of
  374. substitution and delegation, which appointment is coupled with
  375. an interest).
  376. </p>
  377. <h4>6. Our Rules</h4>
  378. <p>
  379. We may, but are not obligated to, provide our users with the
  380. ability to post and receive messages from other Musare-listed
  381. users or allow you to participate in video or live chats with
  382. your friends or other users. If we do, you will not use the
  383. messaging system or your username to spam, defame, harass, or do
  384. anything we find to be objectionable (which is up to us),
  385. including, but not limited to, language that attacks or demeans
  386. a group based on race or ethnic origin, religion, disability,
  387. gender, age, veteran status and sexual orientation or gender
  388. identity. It is your responsibility to maintain proper
  389. etiquette, and we reserve the right to terminate the account for
  390. anyone who violates our policies. We also do not monitor any
  391. particular chat, but reserve the right to edit, modify, ban, or
  392. filter any User-Generated Content or username for any reason. If
  393. someone posts something that is offensive or objectionable
  394. please let us know and we will do our best to accommodate you.
  395. We do not, however, assume any obligation to remove such
  396. User-Generated Content.
  397. </p>
  398. <p>
  399. You may share videos and music that is hosted on a third party
  400. website (i.e., Youtube, Soundcloud, etc.) but only if it does
  401. not conflict with their terms or any applicable law. You may
  402. not, however, share, post or otherwise communicate any content
  403. (video, audio, or text) that is unlawful, threatening, violent,
  404. pornographic, harassing, obscene, racist, defamatory, or
  405. otherwise objectionable. We reserve the right to determine what
  406. is objectionable at our sole discretion.
  407. </p>
  408. <p>In addition to the above, you agree that you will not:</p>
  409. <ul>
  410. <li>
  411. * Infringe on anyone's intellectual property or other legal
  412. rights (i.e. invasion of privacy).
  413. </li>
  414. <li>
  415. * Hack, crack, phish, SQL inject, or otherwise compromise
  416. the security of our website or its servers.
  417. </li>
  418. <li>
  419. * Solicit business, spam, or otherwise use our service for
  420. commercial purposes unless expressly authorized by us.
  421. </li>
  422. <li>
  423. * Defraud or threaten any of our users through any method,
  424. whether it be through our website or through another method
  425. of communication.
  426. </li>
  427. <li>
  428. * Create more than one active user account, or create a new
  429. user account if we have previously banned, suspended, or
  430. otherwise terminated your first user account.
  431. </li>
  432. <li>* Harass anyone.</li>
  433. <li>* Impersonate anyone.</li>
  434. <li>* Do anything unlawful or bad (we define what is bad)</li>
  435. </ul>
  436. <p>
  437. How we react to your violation of any of these Terms does not
  438. mean we will treat everyone the same. We may do anything from
  439. giving you a spoken warning, temporarily suspend your account,
  440. ban you, or take you to Court.
  441. </p>
  442. <h4>7. Sharing Videos and Music</h4>
  443. <p>
  444. Musare may permit you to share videos and music with your
  445. friends. We may also allow you to use video or live chat to
  446. discuss the video or music as it is playing. Please note,
  447. however, that we do not host any User-Generated Content
  448. ourselves. Instead, you must use our platform to share your
  449. video or music from the third party video hosting website. You
  450. agree that you will be responsible for the User-Generated
  451. Content you upload, and that nothing you share will infringe on
  452. the rights of anyone. Furthermore, you warrant you have the
  453. ability to grant the right to share such User-Generated Content
  454. without any obligation to pay any royalties to any copyright
  455. owner. You will be responsible for the payment of any royalty
  456. and any associated damages, fees, fines or penalties, in the
  457. event we find out you have shared User-Generated Content in
  458. violation of another’s intellectual property rights.
  459. </p>
  460. <p>
  461. Not to sound like a broken record, but we have to make sure you
  462. understand that you will be responsible for any User-Generated
  463. Content that you upload, including the consequences of any
  464. infringement. By sharing any User-Generated Content you are, in
  465. essence, utilizing a third party license to distribute and share
  466. User-Generated Content. You may only do this if the Site from
  467. which you are linking has given you a license to share such
  468. User-Generated Content in the manner contemplated. If it does
  469. not, then you cannot share that User-Generated Content.
  470. </p>
  471. <p>
  472. For further clarity, you must only distribute videos or music
  473. that you are legally permitted to...meaning you cannot share
  474. videos or music that violates anyone’s third party intellectual
  475. property rights. For example, you must not share anything that
  476. the third party site would prohibit. In addition you will not
  477. modify, edit, disassemble, or create derivatives of anything
  478. that you do not own the rights to.
  479. </p>
  480. <p>
  481. Should you believe that your rights are being infringed on by,
  482. please note that we are not responsible for hosting it and it is
  483. the third party site which is serving the file, and until is
  484. removed from the third party site, it will still be available
  485. through their search engine. As such, copyright notices should
  486. be sent to both us and the third party site, and you should
  487. visit their terms for more information.
  488. </p>
  489. <h4>8. DMCA Notices</h4>
  490. <p>
  491. We will respond appropriately to notices of alleged copyright
  492. infringement that comply with the U.S. Digital Millennium
  493. Copyright Act (“DMCA”), as set forth below. We have registered a
  494. Copyright Agent with the United States Copyright Office, which
  495. limits our liability under the DMCA. If you believe that your
  496. copyright has been infringed, please send us a message that
  497. contains:
  498. </p>
  499. <ul>
  500. <li>* Your name.</li>
  501. <li>
  502. * The name of the party whose copyright has been infringed,
  503. if different from your name.
  504. </li>
  505. <li>
  506. * The name and description of the work that is being
  507. infringed.
  508. </li>
  509. <li>* The location on our website of the infringing copy.</li>
  510. <li>
  511. * A statement that you have a good faith belief that use of
  512. the copyrighted work described above is not authorized by
  513. the copyright owner (or by a third party who is legally
  514. entitled to do so on behalf of the copyright owner) and is
  515. not otherwise permitted by law.
  516. </li>
  517. <li>
  518. * A statement that you swear, under penalty of perjury, that
  519. the information contained in this notification is accurate
  520. and that you are the copyright owner or have an exclusive
  521. right in law to bring infringement proceedings with respect
  522. to its use.
  523. </li>
  524. </ul>
  525. <p>
  526. Musare’s designated Copyright Agent to receive notifications of
  527. claimed infringement is Musare, Inc., 5900 Wilshire Blvd, 21st
  528. Floor, Los Angeles, CA 90036 (Attn: Legal Department); email:
  529. musaremusic@gmail.com. For clarity, only DMCA notices should go
  530. to the Copyright Agent; am other feedback, comments, requests
  531. for technical support, and other communications should be
  532. directed to musare customer service.
  533. </p>
  534. <p>
  535. If sending the notification by e-mail, an electronic signature
  536. is acceptable.
  537. </p>
  538. <p>
  539. Upon notification of claimed infringement, we will respond
  540. expeditiously to remove, or disable access to, the material that
  541. is claimed to be infringing or to be the subject of infringing
  542. activity. We will also notify the person who posted, uploaded or
  543. otherwise placed the allegedly infringing material on the Site
  544. that we have removed or disabled access to such material.
  545. </p>
  546. <p>
  547. If you believe that material has been removed improperly, you
  548. must send a written counter notification to the Agent, and
  549. include:
  550. </p>
  551. <ul>
  552. <li>
  553. * a. a physical or electronic signature of the subscriber;
  554. </li>
  555. <li>
  556. * b. identification of the material that has been removed or
  557. to which access has been disabled and the location at which
  558. the material appeared before it was removed or access to it
  559. was disabled;
  560. </li>
  561. <li>
  562. * c. a statement under penalty of perjury that the
  563. subscriber has a good faith belief that the material was
  564. removed or disabled as a result of mistake or
  565. misidentification of the material to be removed or disabled;
  566. </li>
  567. <li>
  568. * d. the subscriber’s name, address, and telephone number,
  569. and a statement that the subscriber consents to the
  570. jurisdiction of Federal District Court for the judicial
  571. district in which the address is located, or if the
  572. subscriber’s address is outside of the United States, for
  573. any judicial district in which the service provider may be
  574. found, and that the subscriber will accept service of
  575. process from the person who provided the original
  576. notification or an agent of such person.
  577. </li>
  578. </ul>
  579. <p>
  580. Upon receipt of a counter notification complying with the
  581. foregoing requirements, we will promptly provide the person who
  582. I provided the original notification with a copy of the counter
  583. notification, and inform that person that we will replace the
  584. removed material or cease disabling access to it in ten (10)
  585. business days, unless we receive notice that the original
  586. notifier has notified the designated agent for the counter
  587. notifier that such person has filed an action seeking a court
  588. order to restrain the subscriber from engaging in infringing
  589. activity relating to the material on our system or network.
  590. </p>
  591. <p>
  592. It is our policy, in appropriate circumstances, to disable
  593. and/or terminate the accounts of users who are repeat
  594. infringers. It is also our policy to accommodate and not
  595. interfere with standard technical measures we determine are
  596. reasonable under the circumstances, i.e., technical measures
  597. that are used by copyright owners to identify or protect
  598. copyrighted works. We retain the discretion to handle
  599. non-compliant notices in whatever manner appears to be
  600. reasonable given the circumstances presented. There are
  601. penalties for submission of misleading information in connection
  602. with the process described herein.
  603. </p>
  604. <h4>9. Points and Virtual Currency</h4>
  605. <p>
  606. The Site may include virtual, in-game currency (“Virtual
  607. Currency”), such as credits, coins, ranks (“Name Tags”), XP,
  608. cash, or points (e.g., Experience Points), that may be purchased
  609. with “real world” money or obtained through spending time on the
  610. Site or otherwise interacting with a third-party service.
  611. Virtual Currency may be used to purchase virtual, in-game
  612. digital items (“Virtual Goods”). Your purchase or award of
  613. Virtual Currency and Virtual Goods are merely a grant by us to a
  614. limited, non-exclusive, revocable, non-assignable, personal, and
  615. non-transferable right to use the Virtual Currency and Virtual
  616. Goods as part of the Site under these Terms and any applicable
  617. Additional Terms we provide at the time. Accordingly, you have
  618. no property, proprietary, intellectual property, ownership, or
  619. monetary interest in your Virtual Currency and Virtual Goods,
  620. which remain our Content and property. The right may be
  621. immediately suspended or terminated for any reason, in our sole
  622. discretion, and without advance notice or liability. We reserve
  623. the absolute right, at any time and in our sole discretion, to
  624. manage, regulate, control, modify or eliminate Virtual Currency
  625. and/or Virtual Goods.
  626. </p>
  627. <p>
  628. Virtual Currency or Virtual Goods cannot be redeemed by you for
  629. “real world” money, goods, or other items of monetary value from
  630. any party. Transfers of Virtual Currency or Virtual Goods by you
  631. outside of what we permit on the Site are strictly prohibited.
  632. This means you may not buy or sell Virtual Currency or Virtual
  633. Goods for “real world” money or otherwise exchange items for
  634. value outside of the Site. Any such attempted transfer will be
  635. null and void.
  636. </p>
  637. <p>
  638. You also agree that all sales of Virtual Currency and Virtual
  639. Goods are final unless otherwise detailed in the applicable
  640. Additional Terms. No refunds will be given by us. You agree that
  641. you will be solely responsible for paying any applicable taxes
  642. related to the acquisition of, use of or access to Virtual
  643. Currency or Virtual Goods.
  644. </p>
  645. <p>
  646. We have the absolute right, but not the obligation, to manage,
  647. regulate, control, modify, delete, alter, move, remove, transfer
  648. and/or eliminate Virtual Currency and/or Virtual Goods, in whole
  649. or in part, as we see fit, at any time in our sole discretion,
  650. including the right to terminate or suspend your account or
  651. discontinue the Site (in whole or in part) for any reason, and
  652. we shall have no liability to you or anyone for the exercise of
  653. such rights. If we suspend or terminate any Virtual Currency or
  654. Virtual Goods, then you will forfeit the suspended or terminated
  655. subscription or items, except as may be set forth in any
  656. Additional Terms (such as any refund policies that may apply to
  657. the Site). Likewise, except as may be set forth in any
  658. Additional Terms or as required by applicable law, we are not
  659. responsible for repairing or replacing same, or providing you
  660. any credit or refund or any other sum, in the event of our
  661. modification of any Virtual Currency or Virtual Goods, or for
  662. loss or damage due to error, or any other reason.
  663. </p>
  664. <p>
  665. As we feel necessary, in our sole and absolute discretion, we
  666. may limit the total amount of Virtual Currency that may be
  667. purchased at any one time, and/or limit the total Virtual
  668. Currency that may be held in your account in the aggregate.
  669. Additionally, price and availability of certain types of Virtual
  670. Currency and/or Virtual Goods are subject to change without
  671. notice. You are solely responsible for verifying that the proper
  672. amount of Virtual Currency has been added to or deducted from
  673. your account during any given transaction, so please notify us
  674. immediately should you believe that a mistake has been made with
  675. respect to your Virtual Currency balance. If we choose, in our
  676. discretion, to investigate your claim, in doing so, may request
  677. some additional information and/or documentation to verify your
  678. claim. We will let you know the results of any investigation,
  679. however, you acknowledge and agree that we have the sole and
  680. absolute discretion in determining whether or not your claim is
  681. valid, and if so, the appropriate remedy.
  682. </p>
  683. <p>
  684. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE
  685. AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
  686. INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE
  687. THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE
  688. OWNED BY AND INURE TO THE BENEFIT OF MUSARE. YOU ACKNOWLEDGE AND
  689. AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER
  690. PROPRIETARY INTEREST IN THE VIRTUAL CURRENCY, VIRTUAL GOODS OR
  691. THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR
  692. PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS.
  693. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE
  694. DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR
  695. ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL
  696. CURRENCY, VIRTUAL GOODS, INCLUDING, BUT NOT LIMITED TO, THE
  697. DELETION OF THEREOF UPON THE TERMINATION, ABANDONMENT OR
  698. EXPIRATION OF YOUR ACCOUNT.
  699. </p>
  700. <h4>10. Terms of Sale</h4>
  701. <p><b>SOON TO COME</b></p>
  702. <h4>11. Disclaimer and Limitation of Liability</h4>
  703. <p>
  704. THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
  705. AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND
  706. OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
  707. PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
  708. WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
  709. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
  710. A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY
  711. WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR
  712. REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
  713. TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE
  714. CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT
  715. MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS
  716. TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
  717. THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND
  718. AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
  719. OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR
  720. OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
  721. FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
  722. RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO
  723. ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
  724. FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
  725. EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
  726. EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS
  727. MAY NOT APPLY TO YOU.
  728. </p>
  729. <p>
  730. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
  731. NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES,
  732. OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE
  733. LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
  734. CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
  735. TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
  736. GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
  737. INTO BY MEANS OF OR THROUGH THE SITE, OR RESULTING FROM
  738. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
  739. DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT
  740. OR RECEIVED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
  741. PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN
  742. ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE
  743. ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA,
  744. INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE
  745. DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR EXCLUSIVE
  746. REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. SOME
  747. JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
  748. LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF
  749. THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO
  750. YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE
  751. USE OF THE SITE.
  752. </p>
  753. <p>
  754. Without limiting any of the foregoing, we are not responsible
  755. for any of your materials and data residing on our network
  756. hardware. You are responsible for backing-up your materials and
  757. data that may reside on our network, whether or not such
  758. materials and data are produced through the use of the Site.
  759. </p>
  760. <h4>12. Indemnity</h4>
  761. <p>
  762. You agree to indemnify, defend and hold harmless us, our
  763. parents, subsidiaries, affiliates, officers, directors,
  764. employees, members, partners, agents, and suppliers, and their
  765. respective affiliates, officers, directors, employees, members,
  766. shareholders, partners, and agents, from any claim, action,
  767. demand, liability, judgment, or damage, including reasonable
  768. attorneys’ fees, arising out of or related to your use of the
  769. Site and/or your violation of these Terms, including, without
  770. limitation, the infringement by you in your User-Generated
  771. Content or any other user of your account, of any intellectual
  772. property or other right of any person or entity. We may, at our
  773. sole discretion, assume the exclusive defense and control of any
  774. matter subject to indemnification by you. The assumption of such
  775. defense or control by us, however, shall not excuse any of your
  776. indemnity obligations.
  777. </p>
  778. <h4>13. Choice of Law</h4>
  779. <p>
  780. We wish to make things as simple as possible in applying this
  781. Agreement to our users, and we can’t do that if a different
  782. jurisdiction’s law applies for each user who signs up based on
  783. where they live. Therefore, you agree that this Agreement is
  784. subject solely to and shall be interpreted in accordance with
  785. the laws applicable in the State of California, USA, without
  786. regard to its conflicts of law provisions.
  787. </p>
  788. <h4>14. Dispute Resolution</h4>
  789. <p>
  790. Certain portions of this Section 14 are deemed to be a “written
  791. agreement to arbitrate” pursuant to the Federal Arbitration Act.
  792. You and Musare agree that we intend that this Section 14
  793. satisfies the “writing” requirement of the Federal Arbitration
  794. Act. This Section 14 can only be amended by mutual agreement
  795. </p>
  796. <p>
  797. <b>A. First – Try To Resolve Disputes and Excluded Disputes.</b>
  798. If any controversy, allegation, or claim arises out of or
  799. relates to the Site, the Content, your User-Generated Content,
  800. these Terms, or any Additional Terms, whether heretofore or
  801. hereafter arising (collectively, “Dispute”), or to any of
  802. Musare’s actual or alleged intellectual property rights (an
  803. “Excluded Dispute”, which includes those actions set forth in
  804. Section 14.D), then you and we agree to send a written notice to
  805. the other providing a reasonable description of the Dispute or
  806. Excluded Dispute, along with a proposed resolution of it. Our
  807. notice to you will be sent to you based on the most recent
  808. contact information that you provide us. But if no such
  809. information exists or if such information is not current, then
  810. we have no obligation under this Section 14.A. Your notice to us
  811. must be sent to: Musare, Inc., 5900 Wilshire Blvd, 21st Floor,
  812. Los Angeles, CA 90036 (Attn: Legal Department). For a period of
  813. sixty (60) days from the date of receipt of notice from the
  814. other party, Musare and you will engage in a dialogue in order
  815. to attempt to resolve the Dispute or Excluded Dispute, though
  816. nothing will require either you or Musare to resolve the Dispute
  817. or Excluded Dispute on terms with respect to which you and
  818. Musare, in each of our sole discretion, are not comfortable.
  819. </p>
  820. <p><b>B. Forums For Alternative Dispute Resolution.</b></p>
  821. <p>
  822. <b>(i) Arbitration.</b> If we cannot resolve a Dispute as set
  823. forth in Section 14.A within sixty (60) days of receipt of the
  824. notice, then either you or we may submit the Dispute to formal
  825. arbitration in accordance with this Section 14.B. If we cannot
  826. resolve an Excluded Dispute as set forth in Section 14.A within
  827. sixty (60) days of receipt of the notice, then either you or we
  828. may submit the Excluded Dispute to formal arbitration only if
  829. you and Musare consent, in a writing signed by you and an
  830. officer or legal representative of Musare, to have that Excluded
  831. Dispute subject to arbitration. In such a case, (and only in
  832. such a case), that Excluded Dispute will be deemed a “Dispute”
  833. for the remainder of this Section 14.B.
  834. </p>
  835. <p>
  836. Upon expiration of the applicable sixty-day period and to the
  837. fullest extent permitted by applicable law, a Dispute will be
  838. resolved solely by binding arbitration in accordance with the
  839. then-current Commercial Arbitration Rules of the American
  840. Arbitration Association (“AAA”). If the Dispute has a claimed
  841. value of not more than $250,000, then the arbitration will be
  842. heard and determined by a single neutral arbitrator who is a
  843. retired judge or a lawyer with not less than fifteen (15) years’
  844. experience as a practicing member of the bar in the substantive
  845. practice area related to the Dispute, who will administer the
  846. proceedings in accordance with the AAA’s Supplementary
  847. Procedures for Consumer Related Disputes. If the Dispute has a
  848. claimed value of more than $250,000, or if Musare elects, in its
  849. sole discretion, to bear the costs of arbitration in excess of
  850. those that would occur for a proceeding before a single neutral
  851. arbitrator, then the arbitration will be heard and determined by
  852. a three-member panel, with one member to be selected by each
  853. party and the third (who will be chair of the panel) selected by
  854. the two party-appointed members or by the AAA in accordance with
  855. the Commercial Arbitration Rules. The arbitrator or arbitration
  856. panel, as the case may be, will apply applicable law and the
  857. provisions of these Terms and any Additional Terms, will
  858. determine any Dispute according to the applicable law and facts
  859. based upon the record and no other basis, and will issue a
  860. reasoned award. If you and Musare do not both consent to the
  861. arbitration of an Excluded Dispute as set forth in the
  862. immediately preceding paragraph of this Section 14.B(i), then
  863. this paragraph and the remainder of this Section 14.B will not
  864. apply to the Excluded Dispute.
  865. </p>
  866. <p>
  867. If a party properly submits the Dispute to the AAA for formal
  868. arbitration and the AAA is unwilling or unable to set a hearing
  869. date within sixty (60) days of the filing of a “demand for
  870. arbitration,” then either party can elect to have the
  871. arbitration administered by the Judicial Arbitration and
  872. Mediation Services Inc. (“JAMS”) using JAMS’ streamlined
  873. Arbitration Rules and Procedures, or by any other arbitration
  874. administration Site that you and an officer or legal
  875. representative of Musare consent to in writing. The substantive
  876. practice area requirements for the arbitrator and the $250,000
  877. threshold for a the number of arbitrators assigned to the
  878. Dispute set forth in the paragraph above for the AAA arbitration
  879. will also apply to any such arbitration under JAMS or another
  880. arbitration Site.
  881. </p>
  882. <p>
  883. You can obtain AAA and JAMS procedures, rules, and fee
  884. information as follows:
  885. </p>
  886. <p>
  887. AAA: 800.778.7879 http://www.adr.org <br />
  888. JAMS: 949.224.1810 http://www.jamsadr.com
  889. </p>
  890. <p>
  891. <b
  892. >(ii) Nature, Limitations, and Location of Alternative
  893. Dispute Resolution.</b
  894. >
  895. In arbitration, as with a court, the arbitrator must honor the
  896. terms of these Terms (and any Additional Terms) and can award
  897. the prevailing party damages and other relief (including
  898. attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO
  899. JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION
  900. OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C)
  901. JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All
  902. parties to the arbitration will have the right, at their own
  903. expense, to be represented by an attorney or other advocate of
  904. their choosing. If an in-person arbitration hearing is required,
  905. then it will be conducted in the “metropolitan statistical area”
  906. (as defined by the U.S. Census Bureau) where you are a resident
  907. at the time the Dispute is submitted to arbitration. You and we
  908. will pay the administrative and arbitrator’s fees and other
  909. costs in accordance with the applicable arbitration rules; but
  910. if applicable arbitration rules or laws require Musare to pay a
  911. greater portion or all of such fees and costs in order for this
  912. Section 14 to be enforceable, then Musare will have the right to
  913. elect to pay the fees and costs and proceed to arbitration, or
  914. to decline to do so and have the matter resolved through the
  915. courts. Discovery will be permitted pursuant to the applicable
  916. arbitration rules. The arbitrator’s decision must consist of a
  917. written statement stating the disposition of each claim of the
  918. Dispute, and must provide a statement of the essential findings
  919. and conclusions on which the decision and any award (if any) is
  920. based. Judgment on the arbitration decision and award (if any)
  921. may be entered in or by any court that has jurisdiction over the
  922. parties pursuant to Section 9 of the Federal Arbitration Act.
  923. </p>
  924. <p>
  925. <b>C. Limited Time To File Claims.</b> TO THE FULLEST EXTENT
  926. PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A
  927. DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN
  928. YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET
  929. FORTH IN SECTION 14.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE
  930. ARISES – OR IT WILL BE FOREVER BARRED.
  931. </p>
  932. <p>
  933. <b>D. Injunctive Relief.</b> The foregoing provisions of this
  934. Section 14 will not apply to any legal action taken by Musare to
  935. seek an injunction or other equitable relief in connection with,
  936. any loss, cost, or damage (or any potential loss, cost, or
  937. damage) relating to the Site, any Content, your User-Generated
  938. Content and/or Musare’s intellectual property rights (including
  939. such Musare may claim that may be in dispute), Musare’s
  940. operations, and/or Musare’s products or services.
  941. </p>
  942. <p>
  943. <b
  944. >E. Small Claims Matters Are Excluded From Arbitration
  945. Requirement.</b
  946. >
  947. Notwithstanding the foregoing, either of us may bring qualifying
  948. claim of Disputes (but not Excluded Disputes) in small claims
  949. court, subject to Section 14.G.
  950. </p>
  951. <p>
  952. <b>F. No Class Action Matters.</b> Disputes will be arbitrated
  953. only on an individual basis and will not be consolidated with
  954. any other arbitration or other proceedings that involve any
  955. claim or controversy of any other party. But if, for any reason,
  956. any court with competent jurisdiction or any arbitrator selected
  957. pursuant to Section 14.B(i) holds that this restriction is
  958. unconscionable or unenforceable, then our agreement in Section
  959. 14.B to arbitrate will not apply and the Dispute must be brought
  960. exclusively in court pursuant to Section 14.G.
  961. </p>
  962. <p>
  963. <b>G. Federal and State Courts in Los Angeles.</b> Except to the
  964. extent that arbitration is required in Section 14.B, and except
  965. as to the enforcement of any arbitration decision or award, any
  966. action or proceeding relating to any Dispute or Excluded Dispute
  967. may only be instituted in state or federal court in Los Angeles
  968. County, California. Accordingly, you and Musare consent to the
  969. exclusive personal jurisdiction and venue of such courts for
  970. such matters.
  971. </p>
  972. <h4>15. Waiver of Injunctive or Other Equitable Relief</h4>
  973. <p>
  974. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR
  975. INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE
  976. LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR
  977. SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE
  978. RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR
  979. CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT
  980. BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY
  981. INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY
  982. WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT,
  983. SITE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR
  984. CONTROLLED BY MUSARE (INCLUDING YOUR LICENSED USER-GENERATED
  985. CONTENT) OR A LICENSOR OF MUSARE.
  986. </p>
  987. <h4>16. Force Majeure</h4>
  988. <p>
  989. You agree that we are not responsible to you for anything that
  990. we may otherwise be responsible for, if it is the result of
  991. events beyond our control, including, but not limited to, acts
  992. of God, war, insurrection, riots, terrorism, crime, labor
  993. shortages (including lawful and unlawful strikes), any third
  994. party site being down, communication disruption, failure or
  995. shortage of infrastructure, zombie attacks, shortage of
  996. materials, or any other event beyond our control.
  997. </p>
  998. <h4>17. Cancellation of Service</h4>
  999. <p>
  1000. You agree that we may cancel our service or the Site at any
  1001. time, for any reason, without warning or compensation, even if
  1002. we have been advised that it may result in a loss to you or any
  1003. other party.
  1004. </p>
  1005. <h4>18. Severability</h4>
  1006. <p>
  1007. In the event that a provision of this Agreement is found to be
  1008. unlawful or otherwise unenforceable, the Agreement will remain
  1009. in force as though it had been entered into without that
  1010. unlawful or unenforceable provision being included in it.
  1011. </p>
  1012. <h4>19. Update to Terms</h4>
  1013. <p>
  1014. These Terms (or if applicable Additional Terms), in the form
  1015. posted at the time of your use of the Site to which it applies,
  1016. shall govern such use (including transactions entered during
  1017. such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER
  1018. WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY
  1019. CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR
  1020. WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU
  1021. SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW
  1022. AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS
  1023. AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING
  1024. THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE
  1025. WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE
  1026. CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR
  1027. YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the
  1028. posted terms of Site and any applicable Additional Terms each
  1029. time you use the Site (at least prior to each transaction or
  1030. submission). The Additional Terms will be effective as to new
  1031. use and transactions as of the time that we post them, or such
  1032. later date as may be specified in them or in other notice to
  1033. you. However, the Terms (and any applicable Additional Terms)
  1034. that applied when you previously used the Site will continue to
  1035. apply to such prior use (i.e., changes and additions are
  1036. prospective only) unless mutually agreed. In the event any
  1037. notice to you of new, revised or additional terms is determined
  1038. by a tribunal to be insufficient, the prior agreement shall
  1039. continue until sufficient notice to establish a new agreement
  1040. occurs. You should frequently check the home page, your message
  1041. account and the e-mail you associated with your account for
  1042. notices, all of which you agree are reasonable manners of
  1043. providing you notice. You can reject any new, revised or
  1044. Additional Terms by discontinuing use of the Site and related
  1045. services.
  1046. </p>
  1047. <h4>
  1048. 20. Investigations; Cooperation with Law Enforcement;
  1049. Termination; Survival
  1050. </h4>
  1051. <p>
  1052. Musare reserves the right, without any limitation, to: (i)
  1053. investigate any suspected breaches of its Site security or its
  1054. information technology or other systems or networks, (ii)
  1055. investigate any suspected breaches of these Terms and any
  1056. Additional Terms, (iii) investigate any information obtained by
  1057. Musare in connection with reviewing law enforcement databases or
  1058. complying with criminal laws, (iv) involve and cooperate with
  1059. law enforcement authorities in investigating any of the
  1060. foregoing matters, (v) prosecute violators of these Terms and
  1061. any Additional Terms, and (vi) discontinue the Site, in whole or
  1062. in part, or, except as may be expressly set forth in any
  1063. Additional Terms, suspend or terminate your access to it, in
  1064. whole or in part, including any user accounts or registrations,
  1065. at any time, without notice, for any reason and without any
  1066. obligation to you or any third party. Any suspension or
  1067. termination will not affect your obligations to Musare under
  1068. these Terms or any Additional Terms. Upon suspension or
  1069. termination of your access to the Site, or upon notice from
  1070. Musare, all rights granted to you under these Terms or any
  1071. Additional Terms will cease immediately, and you agree that you
  1072. will immediately discontinue use of the Site. The provisions of
  1073. these Terms and any Additional Terms, which by their nature
  1074. should survive your suspension or termination will survive,
  1075. including the rights and licenses you grant to Musare in these
  1076. Terms, as well as the indemnities, releases, disclaimers, and
  1077. limitations on liability and the provisions regarding
  1078. jurisdiction, choice of law, no class action, and mandatory
  1079. arbitration.
  1080. </p>
  1081. </div>
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