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Please Read the Following Terms of Use Carefully
The web site located at www.beaMuse.org (the "Site")
is provided by aMuse™ ("aMuse") subject to these terms
of use, the Privacy Policy
and all modifications of either of the foregoing (collectively,
the "Terms of Use"). By using this Site, you ("You")
and other users (together with You, the "Users") are
deemed to have agreed to these Terms of Use.
Your access to some areas of the Site may be subject to certain
membership and/or registration requirements in the sole discretion
of aMuse.
Internet Access
You acknowledge and agree that in connection with Your use
of the Site, You must: (i) provide for Your own access to
the World Wide Web and pay any service fees associated with
such access, and (ii) provide all equipment necessary for
You to make such access and connection to the World Wide Web,
including a computer, software and a means of connecting to
or accessing the Internet. aMuse shall not be responsible
for any malfunctions, errors, crashes or other adverse events
that may occur from Your use of the Site.
Site Content
This Site contains content, including but not limited to that
which is protected by trademarks, service marks, trade names,
copyrights and other intellectual property rights owned by
aMuse and others ("Site Content"). As between You and
aMuse, aMuse is the sole owner of all rights, title and interest
in and to Site Content. Except as otherwise expressly provided
herein, Your use of the Site does not grant to You a license
to any Site Content. You may not download, archive or save
a copy of the Site for any purpose, except You may download,
print or make copies of individual screens and documents appearing
as part of the Site solely for Your own personal or business
purposes, provided that any marks, logos or other legends
that appear on such screens and documents remain on, and are
not removed from the downloaded, printed or stored screens
or documents. Except as expressly permitted in these Terms
of Use, You may not modify, copy, publish, translate, display,
transmit, distribute, transfer, frame, adapt, create derivative
works from or in any way exploit the Site Content. You may
not allow access to or use of the Site, or any portion thereof,
by or for the benefit of any third parties including, without
limitation, providing timeshare services, service bureau services,
outsourcing or consulting services. Any commercial use of
the Site is strictly prohibited.
Peer Groups; User Content
aMuse may make available certain public and/or private forums
such as bulletin boards, e-mail lists or chat rooms (collectively,
"Peer Groups") on the Site. Use of any Peer Group is
subject to these Terms of Use and any other notice or policy
applicable to a particular Peer Group or Peer Groups in general.
Information, data, text, music, sound, photographs, graphics,
video, messages and other content and materials that You may
post to the Site via e-mail, uploading, posting, chat room,
bulletin board or otherwise, or that You otherwise supply
to aMuse shall be referred to herein as "User Content."
Users should be aware that when they voluntarily disclose
personal information (e.g., user name, e-mail address, phone
number) on or through Peer Groups, that such information is
generally accessible to and may be collected and used by others
and may result in unsolicited messages from other people.
Users of the Site are encouraged to exercise caution when
providing personal information about themselves. You agree
that You are solely responsible for the origination, accuracy,
completeness, ownership, publication and dissemination of,
and that You, and not aMuse, are entirely responsible for,
Your User Content. By submitting or sending User Content to
the Site or aMuse, You represent and warrant that such User
Content is original to You, that no other party has any rights
to such User Content and that such User Content does not violate,
infringe or misappropriate any third party right or applicable
law.
By submitting or sending User Content to aMuse or otherwise
making User Content available for display on or through the
Site, You grant aMuse the royalty-free, unrestricted, world-wide,
perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform
and display such User Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or later developed, in connection
with the Site. You also warrant that any "moral rights" in
the User Content have been waived.
aMuse does not solicit nor does it wish to receive any confidential,
secret or proprietary information or other material from You
through the Site, any of its services, by e-mail, or in any
other way, and any information or material submitted or sent
to aMuse will be deemed not to be confidential or secret.
You agree and acknowledge that any ideas, concepts, methods,
systems, designs, plans, techniques, drawings, paintings,
photographs, writings or other similar materials that You
submit or otherwise communicate to the Site, may be used by
aMuse in any manner.
aMuse does not pre-screen, monitor, review or otherwise edit
User Content posted, or otherwise made available, on or through
the Site. However, aMuse (or a designee) reserves the right
(but assumes no obligation) to, at its sole discretion, refuse,
edit or remove any User Content, in whole or part, that, in
aMuse's sole judgment, does not comply with these Terms of
Use, is illegal, or is otherwise undesirable, inappropriate
or inaccurate. aMuse is not responsible for any failure, non-failure
or delay in refusing, editing or removing such User Content.
User Conduct and User Content
You may not upload, post, email or otherwise transmit any
User Content on or through the Site that: (i) infringes any
proprietary rights of any person; (ii) is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, deceptive, fraudulent, sexually graphic,
invasive of another's privacy, or hateful; (iii) victimizes,
harasses, degrades, or intimidates an individual or group
of individuals on the basis of race, ethnicity, gender, religion,
sexual orientation, age, or disability; (iv) contains unsolicited
or unauthorized advertising, promotional materials, "spam,"
"chain letters," or any other form of solicitation; or (v)
contains software viruses or any other computer code, files
or programs designed to or which may interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment or any other similarly destructive
activity.
You further agree that You will not: (i) use the Site, or
any part thereof, to "stalk" or harm any other User or any
other person in any way; (ii) impersonate any person or entity,
including but not limited to an officer, director, or representative
of aMuse, or falsely state or otherwise misrepresent Your
identity or affiliation with a person or entity; (iii) forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any User Content transmitted on or through the
Site; (iv) disrupt the normal flow of dialogue in a Peer Group;
(v) interfere with or disrupt the Site or servers or networks
connected to the Site, or the use thereof, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Site; (vi) "hack," infiltrate or otherwise
seek to gain unauthorized access to, or compromise the integrity
of, the Site; (vii) harvest, collect or store information
about the Users of this Site, the User Content posted by others
on this Site or any other data or information on this Site,
or use such information for any purpose inconsistent with
the purpose of this Site; (viii) breach or attempt to breach
the security of software, network, servers, data, computers
or other hardware relating to the Site or that of any third
party that is hosting or interfacing with any part of the
Site; (ix) create any frames at any other Web sites containing
or incorporating the Site or any Site Content; or (x) violate
any applicable local, state, national or international law
or regulation.
You agree to maintain the strict confidentiality of any passwords
issued to You for Your use or access to the Site, or any portion
thereof, and You agree not to allow any other entity to use
any username(s) or password(s) that are issued to You.
Linked Sites
You may be able to link to third parties' Web sites ("Linked
Sites") from the Site. Linked Sites are not necessarily
reviewed, controlled or examined by aMuse in any way and aMuse
is not responsible for the content, availability, advertising,
products or other materials of any such Linked Sites, or any
additional links contained therein. Links do not imply aMuse's
endorsement of or association with the Linked Sites.
Privacy Policy
We encourage You to read our Privacy
Policy, which is incorporated by reference into these
Terms of Use.
Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITATION OF THE FOREGOING, aMuse SPECIFICALLY DISCLAIMS
ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS,
RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE
AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE,
WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL aMuse OR ANY OF ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS,
ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED
TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE SITE
OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS,
BUSINESS, PROGRAMS OR INFORMATION, EVEN IF aMuse OR SUCH ENTITY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS
OF THE FORM OF ACTION. TO THE EXTENT SUCH LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT
RECOGNIZED, SUCH LIMITATION OR EXCLUSION WILL BE INTERPRETED
TO APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO
EVENT SHALL aMuse BE LIABLE FOR OR IN CONNECTION WITH ANY
CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON
BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF aMuse TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT
OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED,
IN THE AGGREGATE, THE AMOUNT OF SITE USE FEES, IF ANY, PAID
BY YOU TO aMuse TO USE THE SITE.
Access, Maintenance of Site
aMuse may, at any time, temporarily limit or suspend in whole
or in part, a User's access to the Site if such User is in
breach, or if aMuse has reason to believe such User is in
breach, of these Terms of Use. aMuse may change, add or remove
any of the services or features available on the Site, or
may discontinue the Site as a whole, at any time. aMuse shall
not be responsible for any outages, technical failures or
defects in the Site.
User Warranties
You represent and warrant that Your use of the Site shall
be in accordance with these Terms of Use and all applicable
laws, statutes, rules, regulations, ordinances and policies
of all applicable worldwide jurisdictions.
User Indemnification
By agreeing to use the Site, You agree to defend, indemnify
and hold aMuse, its affiliates, officers, directors and employees
harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from
Your use of the Site, any violation of these Terms of Use
by You, or any User Content You post on or through the Site.
Copyright Agent
We respect the intellectual property rights of others, and
require that Users of the Site do the same. If You believe
that Your work has been copied in a way that constitutes copyright
infringement, please forward the following information to
the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that You claim has
been infringed;
- A description of where the alleged infringing material
is located;
- A statement by You that You have a good faith belief that
the disputed use is not authorized by You, the copyright
owner, its agent, or the law;
- An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
and
- A statement by You, made under penalty of perjury, that
the above information in Your Notice is accurate and that
You are the copyright owner or authorized to act on the
copyright owner's behalf.
Copyright Agent:
Brad Nye
319 Miller Avenue
Mill Valley, CA 94941
Phone: 415-381-0280
Fax: 415-381-0295
Changes to Terms of Use
aMuse MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME AND AT
ANY TIME, AND WITHOUT ACTUAL NOTICE TO YOU. ALL SUCH CHANGES
TO THESE TERMS OF USE WILL APPEAR ON THIS PAGE OF THE SITE.
WE ENCOURAGE YOU TO CHECK FOR CHANGES TO THESE TERMS OF USE
REGULARLY. BY USING THE SITE FOLLOWING ANY MODIFICATIONS TO
THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS
TO THESE TERMS OF USE.
Applicable Laws/Jurisdiction
We control and operate this Site from our offices in the United
States of America. Materials on the Site may not be appropriate
or available for use in other locations. Persons who choose
to access this Site from other locations do so on their own
initiative, and are responsible for compliance with local laws.
Choice of Law
These Terms of Use and the relationship between You and aMuse
shall be governed and interpreted in accordance with the laws
of the State of California, without regard to its conflict of
law provisions. You agree to submit to the exclusive jurisdiction
over all disputes hereunder and venue in the federal and state
courts in the State of California located in Marin County.
Miscellaneous
The failure of aMuse to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such
right or provision. If any provision of these Terms of Use is
found to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of these
Terms of Use shall remain in full force and effect. |
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