The following describes the terms by which Musetopia Enterprises Ltd. (“Musetopia” or “we”), offers you access to our website, platform and services:
Acceptance of Terms
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Services, you agree to abide by any applicable posted guidelines for such Services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Additional terms and conditions may apply to membership services provided by Musetopia.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Musetopia does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, third party provided services may be provided on our website and the srvices and Content available through the Service may contain links to other websites. These are completely independent of Musetopia. Musetopia makes no, and specifically disclaims all, representations, warranties, conditions and other terms with respect to any such sites and/or third party services. Your linking to any other websites and use of any third party services is at your own risk and Musetopia is not liable for or in connection with such sites and/or third party services. Such sites and third party services are governed by and subject to any applicable terms of service of that third party provider.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Musetopia be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Musetopia does not pre-screen or approve Content, but that Musetopia shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
In the course of providing you the Services and/or to improve and tailor the content and general administration of our website and Services, Musetopia will communicate with you via the email that you have provided to Musetopia and you consent to receiving such emails.
Conduct and Responsibilities
- You are solely responsible for your conduct and any Content that you submit, post, and display on the Service.
- You are responsible for any activity or Content associated with your screen name.
- You are responsible for keeping your password secure.
- You must be 13 years of age or older to use the Service.
- You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libellous, invasive of another’s privacy, or harms minors in any way.
- You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- You must not submit Content that impersonates any person or entity, including, but not limited to, a Musetopia employee, contractor or agent, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- You must not submit Content that includes non-public personal or identifying information about another person without that person’s explicit consent.
- You must not submit Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”.
- You may not use the Service for any illegal or unauthorized purpose.
- Users agree to comply with all local laws regarding online conduct and acceptable content.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Musetopia.
- You must not create or submit unwanted email to any users of the any of the Services (“SPAM”).
- You must not create or submit intentionally false or misleading information.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must get express authorization from Musetopia before you can use any portion of the Service, including any Content or use of Musetopia’s API, for any commercial purpose.
- Violation of any of these terms will result in the termination of your account. While Musetopia prohibits such conduct and content on its site, you understand and agree that Musetopia cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.
We reserve the right to modify or terminate all or any portion of the Service for any reason, without notice at any time.
We reserve the right to alter these Terms at any time., We will provide notice of materially significant changes to the Terms by posting notice on our website.. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
We reserve the right to refuse to provide the Services to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Although Musetopia does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Musetopia an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers of distribution) of the foregoing.
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 notify Musetopia’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com, or:
Copyright Agent Alex Newton, Musetopia Enterprises Ltd, 47 Topsfield Parade, Crouch End, London N8 8PT, UNITED KINGDOM.
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed.
- Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website.
- 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.
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
- Your address, telephone number, and email address and
- Your physical or electronic signature.
Musetopia’s Agent will forward this information to the alleged infringer.
Privacy and Information Disclosure
No Spam Policy
You understand and agree that sending unsolicited email advertisements to Musetopia email addresses or through Musetopia computer systems is expressly prohibited by these Terms. Any unauthorized use of Musetopia computer systems is a violation of these Terms and applicable local law and may subject the sender and his or her agents to civil and criminal penalties.
Termination of service
You agree that Musetopia, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Musetopia believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Musetopia shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Any provision of these Terms which, by its nature, would survive termination of these Terms shall survive any such termination of these Terms.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES CONDITIONS AND OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSETOPIA DISCLAIMS ANY WARRANTIES, CONDITIONS AND OTHER TERMS FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSETOPIA DISCLAIMS ANY WARRANTIES, CONDITIONS AND OTHER TERMS FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSETOPIA DISCLAIMS ANY WARRANTIES CONDITIONS AND OTHER TERMS FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
- MUSETOPIA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST MUSETOPIA, AND ITS AFFILIATES, OFFICERS, AGENTS, LICENSORS, SHAREHOLDERS AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR CLAIMS, DAMAGES (ACTUAL AND/OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING FROM OR IN ANY WAY RELATED TO USE OF THE SERVICES.In some jurisdiction, such limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Musetopia, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, contractors and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Musetopia and govern your use of the Service, superseding any prior agreements between you and Musetopia. The Terms and the relationship between you and Musetopia shall be governed by English law without regard to its conflict of law provisions. You and Musetopia agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. The failure of Musetopia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction 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 the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations of Terms
Please report any violations of the Terms, by emailing to firstname.lastname@example.org.