Muzility Online Terms of Use
Terms and Conditions
For Parents: Concerning Privacy
Third Party Copyright Notices
Welcome!
Muzility, Inc., its parent, subsidiary and affiliated companies ("Muzility") maintain this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Muzility's written permission.
Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
While we are always happy to hear from you, it is Muzility's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials other than provided for in the Site options. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Muzility or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Muzility is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on the Site are either the property of, or used with permission by, Muzility. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
In the event a dispute shall arise between the parties to these Terms and Conditions, the parties agree to participate in at least four (4) hours of mediation in accordance with the mediation procedures of an accredited mediation service. The parties agree to share equally in the costs of the mediation. The mediation shall be administered by JAMS, 160 West Santa Clara Street, Suite 1150, San Jose, CA 95113, (408) 288-2240. In the event that any dispute among the parties arising out of or relating to these Terms and Conditions or breach hereof cannot be resolved through mediation, the dispute shall be settled by arbitration in accordance with Rules of American Arbitration Association. The arbitration shall be conducted by three (3) neutral arbitrators who sit in San Jose, California. Any award made by such arbitrators shall be binding and conclusive for all purposes hereof, may include injunctive relief, as well as orders for specific performance and may be entered as a final judgment in any court of competent jurisdiction. No arbitration arising out of or relating to these Terms and Conditions shall include, by consolidation or joinder or in any other matter, parties other than the parties hereto and other persons substantially involved in common questions of fact or law whose presence is required if complete relief is to be afforded in arbitration. The costs and expense of such arbitration shall be borne in accordance with the determination of the arbitrators and may include reasonable attorney fees.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Muzility and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Muzility or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Muzility will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Muzility has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although Muzility may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Muzility is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Muzility reserves the right to examine, refuse, reject, or remove at any time, any and all content on the Site that, at the sole discretion of Muzility, it deems unacceptable or unsuitable for any reason whatsoever. Muzility will fully cooperate with any law enforcement authorities or court order requesting or directing Muzility to disclose the identity of anyone posting any such information or materials.
Muzility respects the privacy concerns of the users of its Sites. As a general policy, no personal information is automatically collected from users of its Sites. However, certain non-personal information is recorded by the standard operation of Muzility's Internet servers. Information, such as the type of browser being used, its operating system, and your domain name is gathered in order to customize your online experience. Other uses of this information include internal review of the number of users to the Sites, but only in an aggregate and non-personally-identifiable form. This data may be provided to other parties for marketing, advertising or other uses. Personally identifiable information that may be collected in connection with your voluntarily filling out contest entry forms is retained by Muzility and is not sold or otherwise transferred outside the company without your prior consent. This information may be used to better understand your use of the Sites and to support advertising transactions made on the Sites.
On the Sites specifically designed for children, Muzility requires children to consult with their parents before furnishing data. However, Muzility believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
You agree to indemnify, defend and hold Muzility and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Muzility reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Muzility's defense of such claim.
The Sites are controlled and operated by Muzility from its offices within the State of California, United States of America. Muzility makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to any matters related to this Site and to be performed entirely within such State. Any action you, any third party or Muzility bring to enforce these Terms and Conditions or, in connection with, any matters related to this Site shall be brought only in either the State or Federal Courts located in Santa Clara County, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These are the entire Terms and Conditions between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Muzility.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Muzility may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Third-Party Copyright Notices
QuickTime and the QuickTime Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. The Get QuickTime Badge is a trademark of Apple Computer Inc., used with permission.
© 2003-2006 Muzility, Inc. Revision #: 4 Date: 05/05/2003 All rights reserved. Do not duplicate or redistribute in any form.
