To collaborate effectively there needs to be transparency and openness – and to help this process from our side, we thought we’d set out the ground rules for using this site. So we asked our friendly lawyers to put forward a few ideas. These are now the “General Terms and Conditions” for using the site. If you can see any way of improving these ground rules, let us know.
General Terms & Conditions
These Terms & Conditions govern your use of the MYOO website (the “MYOO Site”) and your relationship with MYOO, a division of Muze Corporation (“we”, “us” or “MYOO”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms & Conditions, please do not register for or use the MYOO Site. If you have any questions on the Terms & Conditions, please contact info@MYOO.com.
If you participate in a competition available on the MYOO Site (“Competition”) you will also need to sign up to the applicable Competition Rules which will apply in addition to these Terms & Conditions
1. Use of the MYOO Site
The MYOO Site is provided to you subject to these Terms & Conditions. By using the MYOO Site you agree to be bound by these Terms & Conditions. References to these Terms & Conditions include any applicable Competition Rules.
2. Who we Are
The MYOO Site is owned and operated by Muze Corporation, a company incorporated under the laws of the state of Delaware, USA and whose principal executive office is at 2711 Centerville Road, Suite 400, Wilmington, Newcastle County, 19808, USA. If you have any questions or need assistance or if you have any issues relating to the MYOO Site you may contact us at info@MYOO.com.
3. Amendments
We may update these Terms & Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the MYOO Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the MYOO Site. The changes will apply to the use of the MYOO Site after we have given notice. If you do not wish to accept the new Terms & Conditions you should not continue to use the MYOO Site. If you continue to use the MYOO Site after the date on which the change comes into effect, your use of the MYOO Site indicates your agreement to be bound by the new Terms & Conditions.
4. Use and registration
4.1 Although anyone can access the MYOO Site, some Competitions may be age restricted (as set out in the applicable Competition Rules).
4.2 If you are under 18, please ensure that a responsible adult is aware that you are using the MYOO Site.
4.3 You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
5. Password and security
5.1 When you register to use the MYOO Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting info@MYOO.com immediately.
5.2 If we have reason to believe that there is likely to be a breach of security or misuse of the MYOO Site, we may require you to change your password or we may suspend your account.
6. User Content
6.1 The MYOO Site allows you to submit material in a variety of ways, including by entering Competitions and posting comments on the MYOO Site blog (“User Content”).
6.2 You retain all of your ownership rights in your User Content, subject to any other agreement with us. Your User Content submitted for Competitions will be governed by the relevant Competition Rules. For other User Content, by adding it to the MYOO Site, you are granting us a perpetual, non-exclusive, transferable licence to use and reproduce that User Content in any form and for any purpose.
7. Intellectual property in the site
7.1 The content of the MYOO Site is protected by copyright, trade marks, database right and other intellectual property rights. If you want to use the content on the MYOO Site (excluding “Third Party User Content”, use of which is governed by clause 7.4 below) for your business or any other commercial reason we license it to you, subject to you complying with clause 7.2 below, under the terms and conditions of the Creative Commons Licence .
7.2 We grant you a non-transferable, non-exclusive licence to reproduce any of our trade marks including the “MYOO” logo (together the “Trade Marks”) only for the purposes of crediting us in accordance with the terms of the Creative Commons Licence. You have no rights to use the Trade Marks for any other purpose.
7.3 If you do not agree with the terms and conditions of the Creative Commons Licence, you must not use the MYOO Site other than for your personal, non-commercial use and you may not reproduce, modify, copy, distribute or use for commercial purposes any part of the MYOO Site other than incidentally to your personal use.
7.4 You may retrieve and display the User Content of other users of the MYOO Site (“Third Party User Content”) on screen, store it in electronic form on disk (but not any server or other storage device connected to a network) and print one copy of it for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the Third Party User Content.
8. Your use of the MYOO Site
8.1 You agree that you will not submit any User Content which:
8.1.1 advertises or promotes any goods or services;
8.1.2 reveals any confidential or sensitive information;
8.1.3 contains or links to any unlawful, harassing, libellous, threatening, vulgar, obscene, abusive, defamatory or indecent content or content which is deliberately intended to upset others;
8.1.4 contains any content which you did not create or do not have permission to use (including content which may be protected by copyright, trade marks, database rights or any other form of intellectual property right);
8.1.5 contains viruses or any other components with harmful or contaminating effects; or
8.1.6 impersonates any person.
Please let us know if you think that there is any Third Party User Content on the MYOO Site which does not comply with the rules set out in this clause 8.1 by using the “Report Abuse” button, which can be found [at the bottom of each page of the MYOO Site] .
8.2 You may not use the MYOO Site for any of the following purposes:
8.2.1 transmitting material that encourages conduct that constitutes a criminal offence or otherwise breaches any applicable laws, or regulations; or
8.2.2 interfering with any other person’s use or enjoyment of the MYOO Site.
8.3 You will be responsible for our losses and costs resulting from your breach of this clause 8.
9. Availability of the MYOO Site
9.1 Although we aim to offer you the best service possible, we make no promise that the services at the MYOO Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to info@MYOO.com and we will attempt to correct the fault as soon as we reasonably can.
9.2 Your access to the MYOO Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
10. Our right to suspend or cancel your registration
10.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms & Conditions.
10.2 You can cancel your registration at any time by informing us in writing at info@MYOO.com or MYOO, 2a Kingsway Place, Sans Walk, London, EC1R 0LS. If you do so, you must stop using the MYOO Site.
11. Our liability
11.1 The MYOO Site provides content from a variety of resources (including other users) and while we try to ensure that material included on the MYOO Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
11.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you first use the MYOO Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
11.3 This clause 11 shall not limit or affect our liability if something we do negligently causes death or personal injury.
12. Third Party Websites
As a convenience to customers, the MYOO Site includes links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the MYOO Site.
13. Advertising and Sponsorship
Part of the MYOO Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the MYOO Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material or for any connection you make with our advertisers or sponsors.
14. Applicable Law
These Terms & Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
15. International Use
We make no promise that materials on the MYOO Site are appropriate or available for use in locations outside the United Kingdom, and accessing the MYOO Site from territories where its contents are unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
16. Miscellaneous
16.1 You may not transfer any of your rights under these Terms & Conditions to any other person. We may transfer our rights under these Terms & Conditions to another business where we reasonably believe your rights will not be affected.
16.2 If you breach these Terms & Conditions and we choose to ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms & Conditions.
16.3 We shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond its reasonable control.