THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the terms of this Agreement, do not use MuZicCardZ or any of its platforms, applications or features.
PERMISSION AND LICENSE TO USE
MuZicCardZ (the current and future versions) include all materials that make up the site, applications, or platforms, including, but not limited to: design, graphics; artwork; layout; text; videos; audio; instructions; images; trademarks; logos; service marks; technology; applications; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel”; the compilation, assembly and arrangement of the materials of the MuZicCard site, applications and platform; and all other materials related to MuZicCardZ.
The products, technology, or processes used on the MuZicCardZ site, applications and platforms may be subject to intellectual property rights owned or licensed to MuZicCardZ by third-parties. When you use the MuZicCardZ sites, applications or platforms, you must: (a) keep intact all copyright, trademark and other proprietary notices; (b) make no modifications to the MuZicCardZ site, applications or platforms, or Materials; and (c) not copy or adapt any object code associated with the MuZicCardZ, reverse engineer, modify or attempt to discover any source code associated with the MuZicCardZ (nor allow or assist any third party to do so).
ACCEPTABLE USE POLICY
MuZicCardZ has adopted the following Acceptable Use Policy in order to ensure that the MuZicCardZ website and applications are used in a lawful and appropriate manner.
You agree not to send the following to, on, or through the MuZicCardZ website or mobile applications or platforms: harassing, unlawful, abusive, or threatening messages or content; obscene, vulgar, pornographic messages, images, or content; libelous or defamatory messages or content; racially or ethnically hateful content or messages; messages or content invasive of another’s privacy; content or messages that infringe on any patent, copyright, trademark, or trade secret; computer viruses or other harmful, disruptive, or destructive files; or illegal or fraudulent messages or content, or that which promotes illegal or fraudulent conduct.
You also may not use the MuZicCardZ site, applications or platforms to: conceal or misrepresent the identity of you, the sender or uploader; publicly share, expose, or disseminate any other person’s personal or credit card information; steal passwords or credit card information; promote any product or service except those provided by MuZicCardZ’s site, platform or application; damage the MuZicCardZ site, applications or platforms or anyone’s computer.
You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. MuZicCardZ reserves the right to limit, at its sole discretion and without prior notice to you, the number of eCards, videos, or messages that you may send using MuZicCardZ’s site, applications or platforms, or the number of recipients to which you send such eCards, videos or messages through the MuZicCardZ site, applications or platforms.
If you use one of our applications on an Apple Platform, you agree that your use of any MuZicCardZ’s application is also subject to Apple’s Usage Rules as set forth in the iTunes Store Terms and Conditions, and you agree to comply with all applicable terms.
USING YOUR OWN CONTENT
MuZicCardZ may allow you to upload your own videos and other materials (“User Content”) to the MuZicCardZ site and distribute using our applications and platforms. User Content is subject to the conditions outlined in this Agreement. You warrant that you own or otherwise control all of the rights to any content you submit to MuZicCardZ.
You also represent that the User Content you upload does not violate the Acceptable Use Policy as discussed above and will not cause injury to any person or entity and that you will indemnify MuZicCardZ for all claims resulting from any content you supply.
As a user of the MuZicCardZ site, applications or platforms, you also represent and warrant in relation to the creating, sending and delivery of User Content you have obtained the consent of any and all individuals mentioned, video-taped or pictured in the User Content; uploading the User Content onto the MuZicCardZ site, application or platforms will not infringe the privacy of any individual or violate any applicable law nor does it infringe on the intellectual property rights of any third party; and, that the User Content is accurate.
By submitting content to MuZicCardZ, you agree and warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to MuZicCardZ solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to MuZicCardZ for the sole purpose of delivering products and services.
You remain the owner of any User Content you submit on the MuZicCardZ site, applications or platform, subject to the license you grant to MuZicCardZ through this Agreement. The license you grant MuZicCardZ is solely for the purpose of incorporating such User Content into a product or service ordered by you. The license you provide to MuZicCardZ is an unrestricted, worldwide, irrevocable, perpetual, assignable, transferable, sub-licensable, and royalty-free license to host, use, copy, distribute, test, display, and store all or any portion thereof for the creation and transmission of your User Content, on or through any media, technology or device now known or later developed.
You agree that MuZicCardZ is not obligated to pre-screen User Content submitted by users, but that MuZicCardZ have the right in its sole discretion to refuse, move or remove any content that is made available via MuZicCardZ or to refuse to accept User Content for use in any products or services by any user that violates these terms of service or is otherwise objectionable in MuZicCardZ’s judgment.
All materials included on this site and used in any related application or platform, such as eCards, graphics, layout, designs, text, videos, audio clips, logos, icons, photos, products, trademarks, digital downloads, data compilations, advertising copy, domain names, and software, are the property of MuZicCardZ, or its content suppliers or licensors and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MuZicCardZ and is protected by U.S. and international copyright laws.
The products, technology, or processes described or used by MuZicCardZ may be the subject of intellectual property rights owned or licensed by other third parties. Except for the limited license granted above, nothing contained in this Agreement or anywhere else on the MuZicCardZ site, applications or platforms, confers to you in any manner, any license, title, or ownership of or to any intellectual property right of MuZicCardZ or any third party.
You may not modify, copy, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, reverse engineer, attempt to discover any source code, or in any other way exploit any of the content, in whole or in part, (nor allow or assist any third party to do so), without the specific permission of MuZicCardZ.
MuZicCardZ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact us at firstname.lastname@example.org.
PURCHASE OF PRODUCTS OR SERVICES
The features of MuZicCardZ include the purchase and delivery of video eCards. You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. MuZicCardZ does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased are non-refundable.
Copyrighted materials, videos, or audio may not be shared or distributed online or by email. Copyrighted materials may only be viewed on the MuZicCardZ website. Where applicable, MuZicCardZ licenses certain material from publishers (Example: “Happy Birthday To You”). That material is subject to the Copyright provisions above.
MuZicCardZ may offer features and services that are available to you via your mobile phone, tablets, or other mobile devices. These features and services may include, without limitation, the ability to upload User Content to the MuZicCardZ site, application or platform, receive messages from the MuZicCardZ website, application or platform, download applications to your mobile phone or device, or access MuZicCardZ features (“Mobile Features”).
In addition to the other restrictions and limitations contained in this Agreement, MuZicCardZ is not responsible for failures in the performance of Mobile Features, including but not limited to, the delivery of video eCards via the Mobile Features as a result of any technical issues. For example, MuZicCardZ is not responsible if your electronic message or card is not delivered because: the recipient declines delivery; the recipient uses an unsupported carrier; the recipient’s mobile device or computer cannot display video messages; the recipient’s plan does not provide for video messaging; the recipient’s carrier is unable to deliver messages to the recipient; the recipient’s network connection is interrupted during message delivery; or either your or the recipient’s carrier does not support video messaging.
There may be other reasons for a delivery failure as well. MuZicCardZ is unable to provide refunds for electronic messages or video eCards that are not delivered due to technical issues for which MuZicCardZ is not responsible.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL MUZICCARDZ BE LIABLE TO YOU FOR LOSS OR DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, APPLICATION OR PLATFORM, EVEN IF MUZICCARDZ HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE MUZICCARDZ SITE, APPLICATIONS OR PLATFORMS IS TO STOP USING THEM. MUZICCARDZ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE] OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES FROM THIS SITE.
DISCLAIMER OF WARRANTIES
The Materials in MuZicCardZ’s site, applications or platforms are provided “As Is” and without warranties of any kind. MuZicCardZ does not warrant that the functions contained in the Materials will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available are free of viruses or other harmful components. MuZicCardZ does not warrant or make any representation regarding the use or the results of the use of the Materials in its site, application or platforms in terms of their correctness, accuracy, reliability or otherwise. You assume the entire cost of necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
This agreement will terminate immediately without notice from MuZicCardZ, if in MuZicCardZ’s sole discretion, you fail to comply with any term or provision of this Agreement. MuZicCardZ will have the right to immediately terminate all transactions with you, suspend or block access to your use of MuZicCardS’s site, application or platform, block the sending, receiving, or uploading of content to MuZicCardZ site, application or platform, and/or pursue any other remedy available by law.
DISPUTES AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to MuZicCardZ or to products or services you purchase through MuZicCardZ shall be resolved by binding, individual arbitration under the American Arbitration Association’s rules for Arbitration of consumer-related disputes and you hereby expressly waive trial by jury. This dispute resolution providing will be governed by the Federal Arbitration Act, and, where consistent, Texas law. The arbitration will be conducted in Travis County, Texas, in the English language, by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against MuZicCardZ.
If you have any questions, complaints, or claims, you may contact MuZiCardZ at email@example.com.