YOU AGREE THAT BY USING TEXTMUSE YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
4. Links to Third Party Websites. TextMuse may contain links to websites or mobile applications controlled by parties other than TextMuse (each a “Third Party Website”). TextMuse may work with a number of partners and affiliates whose websites are linked with TextMuse. TextMuse is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website, or any changes or updates to such websites. TextMuse makes no guarantees about the content or quality of the products or services provided by such websites. TextMuse is not responsible for webcasting or any other form of transmission received from any Third Party Website. TextMuse is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TextMuse of the Third Party Website. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Website and agree that TextMuse is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Website if you have any concerns regarding such links or the content located on any such Third Party Website.
5.1. Rights and Responsibilities of TextMuse. TextMuse respects the intellectual property of others, and we ask our users to do the same. TextMuse may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TextMuse with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on TextMuse;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TextMuse is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that TextMuse users may choose to post and distribute as User Content. TextMuse does not screen works before they are posted, and no prior approval is required for posting. TextMuse disclaims all copyright and ownership in such works and all responsibility for them.
Although we cannot make an absolute guarantee of system security, TextMuse takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL at email@example.com for help.
If TextMuse finds that files or processes belonging to a user pose a threat to the proper technical operation of TextMuse or to the security of other members, TextMuse reserves the right to delete those files or to stop those processes. If TextMuse suspects a user name is being used by someone who is not authorized by the proper user, TextMuse may disable that user’s access in order to preserve system security.
TextMuse reserves the right to refuse service to anyone and to cancel user access at any time.
5.2 Rights and Responsibilities of TextMuse Users or Other Posters of User Content. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using TextMuse that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such user content, you grant a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to TextMuse to use, publicly display, reprint, distribute, modify, and create derivative works, which will be owned by TextMuse. In posting a work as User Content, you authorize other users to make personal and customary use of the work, including creating links, reposting, reproducing or disseminating it. You also give permission to TextMuse to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time. The foregoing grants shall include the right to exploit any proprietary rights in such content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
5.3. Your Rights and Responsibilities as a TextMuse User and Reader of User Content. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, TextMuse will not take a role in mediating conflicts between you and other users. TextMuse does not take responsibility for your behavior or that of other users. Your access to User Content is for your personal use only. If you want to redistribute User Content, it is your responsibility to obtain permission from the owner of the User Content (and any other person with rights in such work).
6. No Warranty. TEXTMUSE AND ALL MATERIALS, DOCUMENTS OR CONTENT PROVIDED ON OR THROUGH YOUR USE OF TEXTMUSE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TEXTMUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TEXTMUSE MAKES NO WARRANTY THAT: (A) TEXTMUSE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) TEXTMUSE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TEXTMUSE, OR ANY MATERIALS OFFERED THROUGH TEXTMUSE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TEXTMUSE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
OBTAINING ANY MATERIALS THROUGH THE USE OF TEXTMUSE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TEXTMUSE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF TEXTMUSE.
7. Limitation of Liability. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL TEXTMUSE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE TEXTMUSE OR MATERIALS AVAILABLE FROM TEXTMUSE, EVEN IF TEXTMUSE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF TEXTMUSE RESULTS IN ANY DAMAGES OR THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TEXTMUSE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OF ANY USER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF TEXTMUSE TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER STATE LAWS.
8. Indemnification. You agree to defend, indemnify and hold harmless TextMuse, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of TextMuse and the Materials.
9. Unsolicited Submissions. TextMuse does not want you to submit confidential or proprietary information through TextMuse. All comments, feedback, information or material submitted to TextMuse through or in association with TextMuse shall be considered non-confidential. By providing such submissions to TextMuse you hereby grant TextMuse a license to use, reprint, distribute, modify and create derivative works which will be owned by TextMuse. You acknowledge that you are responsible for your submissions, including their legality, reliability, appropriateness, originality and content.
10. Compliance with Intellectual Property Laws. When accessing TextMuse, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of TextMuse is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using TextMuse. If you believe that any content on TextMuse is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act as described above.
12. Children. TextMuse is not intended for any children under the age of 13. We do not knowingly collect any information from anyone who is under 13 years of age. If we become aware that any individual under the age of 13 has provided us with information, we will take steps to remove such information and terminate the child’s account. If you are informed that your child has provided us with information without your consent, please contact us at firstname.lastname@example.org.
14. Copyright. All TextMuse design, text, graphics, the selection and arrangement thereof, Copyright © 2014, L.A. Loosh Industries, Inc. ALL RIGHTS RESERVED.
15 Trademarks. All images, text, logos, custom graphics and icons are service marks, trademarks and/or trade dress of TextMuse.