10muses.com User Agreement (Terms of Service)
Effective Date: from March 1, 2010
Welcome to 10muses.com, the venue to watch some of the worlds best online services (the Service). 10muses.com is owned and operated by RC Ltd. By using 10muses.com Users, Television Broadcasters (the Links) Advertisers and Viewers (members of the general public across the world) accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to 10muses.com and the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this User Agreement (Terms of Service) at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Conduct and Appropriate Content
10muses.com is made available for the personal, non-commercial use of viewers worldwide and the commercial use of online services worldwide. You may not use the 10muses.com Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of Materials/TV/Online Content/data from the United Kingdom or your country of residence. You are solely responsible for your conduct and any Online/TV Content/ Materials/ data, text, information, graphics, audio and video materials, links and other content (collectively termed 'Materials') that you submit, post, are linked to, display on the 10muses.com site.
You unreservedly and irrevocably agree that 10muses is not responsible for any external websites. You further agree that 10muses.com is not liable in anyway whatsover for any content, assertions, promises, claims, delivery of goods or services or other of any websites listed on 10muses.com.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does 10muses.com have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Users use of the 10muses.com Service.
Conditions of Use
You agree to abide by all applicable national, local, state and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your online services/transmissions through the 10muses.com Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Users material(s) (Online or other Content/TV Content / data etc) for purposes other than the lawful viewing of online services/television and other content
- Display or Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Display or Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by 10muses.com
- Create a false or misleading identity of, including, but not limited to, a 10muses.com employee, or falsely state or otherwise misrepresent your affiliation with the Service, for the purpose of misleading others - Transmit, email or post any material that contains in any form software viruses / malware or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment anywhere in the world.
- Use the 10muses.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the 10muses.com Service, computer systems or networks connected to the 10muses.com, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the 10muses.com Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the 10muses.com Service.
- Reformat or frame any portion of the web pages that are part of the 10muses.com Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the 10muses.com Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation and illegal activity.
- Interfere with another User's use and enjoyment of the 10muses.com Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the 10muses.com website by electronic or other means.
10muses.com Proprietary Rights
By allowing -including not instructing 10Muses.com to take off proprietary content -, submitting, posting or displaying any Online Content / Television or other Materials on or through the 10muses.com.com website/Service, you automatically grant to 10muses.com a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to transmit, distribute, create derivative works of, publicly perform and display such Materials.
10muses.com and its owners RC Limited retain all rights in the 10muses.com Web site and 10muses.com Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) page layout, (2) software, (3) text, (4) graphics, (5) website format, and (6) design presented through and as part of the 10muses.com by 10muses.com. Except as expressly authorized by 10muses.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of 10muses.coms proprietary information. 10muses.com, and e-mail me are trademarks of RC Limited.
The Copyright and Business Process of 10muses.com, and e-mail.com belong to RC Ltd. All rights and protections in law and equity including but not restricted to copyright law and Business Process Law are reserved in all territories and jurisdictions and will be vigorously enforced.
10muses.com unreservedly respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at firstname.lastname@example.org and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written 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, 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.
10muses.com shall not be responsible for any connection or access to the 10muses.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the 10muses.com website via the Internet, and the Internet access charges thereon.
Termination of the 10muses.com Service
These Terms of Service will apply to your use of the 10muses.com Service. At any time, you can terminate your link to us which will remove your website and other information from view. To learn how to cancel your link email us at email@example.com
We may terminate your link immediately at any time, for any reason. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your link or usage.
10muses.com may also, at its sole discretion, and at any time, can discontinue temporarily or permanently discontinue providing the 10muses.com Service, or any part thereof, with or without notice. You agree that any termination of access to the 10muses.com Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that 10muses.com may immediately deactivate or delete your link and all related information and files in your account and/or bar any further access to such files and/or the 10muses.com Service. Where possible, 10muses.com will use reasonable efforts to give Users fair notice of termination or suspension of their access to the 10muses.com Service. Further you agree that 10muses.com shall not be liable to you or any third party for any termination or suspension of access to the 10muses.com Service or modification of the 10muses.com Service.
Disclaimer of Warranties
10muses.com and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (10muses.com ' / RC Ltd) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials including but without limitation all Online Content /TV Content displayed on the 10muses.com Service.
10muses.com further expressly disclaims (1) that the 10muses.com Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the 10muses.com Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the 10muses.com Service or the content made available as part of the 10muses.com Service will be correct, accurate, timely, or otherwise reliable.
10muses.com expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the 10muses.com Service input by other Members is correct or accurate.
THE 10MUSES.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ONLINE AND TV CONTENT, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE 10MUSES.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. 10MUSES.COM (RC Ltd) EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some countries/states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE 10MUSES.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless, Indemnity and Forbear
You agree to hold harmless and indemnify, and at 10muses.com's request defend, 10muses.com, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the 10muses.com (e-mail me) Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, 10muses.com (e-mail me) will provide you with written notice of such claim, suit or action.
All Users including all Content providers / linked TV Broadcasters worldwide, Advertisers and Viewers forbear legal action against 10muses.com (e-mail me) and RC Limited for whatsoever cause.
Limitation of Liability
YOUR USE OF THE 10MUSES.COM SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL 10MUSES.COM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU OR YOUR COMPANY OR OTHER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE 10MUSES.COM SERVICE, WHETHER OR NOT 10MUSES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE 10MUSES.COM SERVICE, FROM INABILITY TO USE THE 10MUSES.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE 10MUSES.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE 10MUSES.COM SERVICE OR ANY PART OF THE 10MUSES.COM SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 10MUSES.COM SERVICE AND ITS RELATED WEBSITE. SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL 10MUSES.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE US DOLLAR ($1.00).
10muses.com may, but is not obligated to, provide you with notices regarding the 10muses.com Service or these Terms of 10muses.com Service by regular mail, email, or postings to this Web site.
You irrecvocably and unconditionally agree herein to comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the 10muses.com Services.
These Terms of Service will be governed by and construed in accordance with the laws of England, without giving effect to its conflict of laws provisions or your actual country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall 10muses.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, Online Content failures, TV Broadcast site or TV Broadcast failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and or your company and 10muses.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
If you require further information or clarification contact: firstname.lastname@example.org