ACCEPTANCE OF TERMS
MuseTrek has the exclusive right to control the accessibility, hours of use, content and features of the Site. MuseTrek can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. MuseTrek reserves the right to monitor use of the Site.
These Terms of Service apply to all users of the MuseTrek Site, including user who are also contributors of text, images, audio, and video content, information, and other materials or services on the Site.The Site includes all aspects of MuseTrek, including but not limited to all products, software and services offered via the website such as the MuseTrek mobile applications and other applications.
The Site may contain links to third party websites that are not owned or controlled by MuseTrek. MuseTrek has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, MuseTrek will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve MuseTrek from any and all liability arising from your use of any third-party website.
You may obtain an account, using a login ID and password, in order to gain access to all of the features of the Website. You are responsible for maintaining the confidentiality of your password. You must notify MuseTrek immediately of any breach of security or unauthorized use of your account.By establishing an account, you agree to accept responsibility for all activities that occur at the Site under your login ID and password. MuseTrek reserves the right, in its sole discretion, to refuse service or terminate your account.
GENERAL USE OF SITE – PERMISSIONS AND RESTRICTIONS
MuseTrek hereby grants you permission to access and use the Site as set forth in these Terms of Service, provided that you expressly agree to refrain from doing, either personally or through an agent, any of the following:
A. Gain access to any Site content by bypassing or hacking through any requirement to submit a login or user ID.
B. Use any device or other means to harvest information about other users of the Site.
C. Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
D. Post any material on the Site that is offensive to any other user. MuseTrek maintains the exclusive right to determine what is offensive.
E. Alter or modify any part of the Site, including but not limited to MuseTrek’s mobile applications or any of its related technologies.
F. Use the Site for any unlawful or defamatory means.
YOUR USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the content on the Site.
A. The content on the Site, except all User Submissions (as defined below), including with limitation, the text, software, scripts, graphics, photos sounds, audio videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the MuseTrek, subject to the copyright and other intellectual property rights under law. Some content provided by MuseTrek's Partners ("Partner Content") may be governed by the Partner's license terms, which can be accessed by following a link associated with the related Content on the Site. Except where provided otherwise on the Site, Content on the Site is provided to you AS IS for your information and personal use only and may only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever with the prior written consent of the respective owners. MuseTrek reserves all rights not expressly granted in and to the Site and the Content.
B. You may access User Submissions and Partner Content for your information and personal use solely as intended through the provided functionality of the MuseTrek Site. You shall not copy or download any User Submission or Partner Content unless you see a "download" or similar link displayed by MuseTrek on the MuseTrek Site for that User Submission or Partner Content.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Site.User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MuseTrek Site or otherwise as prohibited under this Agreement.
D. You may access MuseTrek Content, User Submissions, Partner Content and other content only as permitted under this Agreement.MuseTrek reserves all rights not expressly granted in and to the MuseTrek Content and the MuseTrek Site.
E. You agree not to engage in the user, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions or Partner Content obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the MuseTrek Site or features that prevent or restrict use of copying any Content or enforce limitations on use of the MuseTrek Site or the Content therein.
G. You understand that when using the MuseTrek Site, you will be exposed to User Submissions and Partner Content from a variety of sources, and that MuseTrek is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Partner Content. You further understand and acknowledge that you may be exposed to User Submissions or Partner Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MuseTrek with respect thereto, and agree to indemnify and hold MuseTrek, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
YOUR USER SUBMISSIONS AND CONDUCT
Certain areas of the MuseTrek Site allow users to post, add, or upload information, data, text, photographs, graphics, messages and/or other content ("Postings"). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content ("Poster"), and not MuseTrek or its Partners. MuseTrek or its Content Partners does not control the Postings and does not guarantee the accuracy, integrity or quality of any Posting.
A. You understand that by using the MuseTrek Site, you may be exposed to Postings that are offensive, indecent or objectionable. To the extent permitted by the law, MuseTrek or its Content Partners will not be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
B. You understand and agree that MuseTrek or its Content Partners may review, modify, or delete, without notice, any data, text, software, music, sound, message, photograph, graphic, image, video, profile, forum post, journal, review, information, comment, work of authorship, or other material or expression (collectively, "Content"), whether posted publicly or posted privately to other Members, that in the sole judgment of MuseTrek violates this Agreement or which might be offensive, indecent, or illegal, or which might harm, violate the rights, or threaten the safety of any person. MuseTrek is the final arbiter of what IS and IS NOT allowed on the Site.
C. You are solely responsible for the Content that you publish, transmit, upload, communicate, or display (collectively, "post") on the Site, whether posted publicly or posted privately to other Members. You understand that MuseTrek has no obligation to monitor the Site, or monitor, control or edit the Content thereon, or monitor any use of the Site by Members, or remove inappropriate Content. MuseTrek is not responsible in any way for the Content posted by Members on any area of the Site, including but not limited to profiles, objects, Treks, and messages, or otherwise posted through the Site. By posting Content on the Site, you agree to bear all risks associated with the accuracy and completeness of such Content.
D. By submitting material and content to MuseTrek, you are making Content available on the Site under the terms of the Creative Commons Attribution license.
E. You further represent and warrant that:
You exclusively and irrevocably own the Content posted by you on the Website and/or through the Site or otherwise have the right to grant the License set forth in this section; and
b. any Content posted by you on the Site does not violate or infringe the privacy rights, publicity rights, copyrights, trademarks, trade secrets, patents, moral rights or other intellectual property, contract, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the Site.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement or you feel that any other personal rights are violated on the Site, please provide MuseTrek’s Copyright Agent with the URL and description of the of copyright or personal rights violating material and we shall handle your claim immediately.
MuseTrek’s Copyright Agent can be reached email@example.com.
F. You may restrict access to certain Content created by you to other MuseTrek members’ or your MuseTrek friends’ eyes only by changing your Account Settings or choosing the privacy options on the Site. However, any unrestricted Content is accessible to the general public. In addition, although MuseTrek makes reasonable efforts to maintain the security of any Content that you elect to restrict to other MuseTrek members’ or your MuseTrek friends’ eyes only, you understand that the internet is never 100% secure and any Content you post, whether restricted or unrestricted, is vulnerable to being accessed by unintended persons. Therefore, you agree to exercise caution not to post Content on the Site that is of so personal or sensitive a nature that, if accessed by unintended persons, would cause you harm, loss or damage.
G. MuseTrek reserves the right to disclose any Content posted on the Site as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from European Union (EU) or the country in which you reside.
YOU AGREE THAT YOUR USE OF THE MUSETREK SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSETREK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. MUSETREK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSETREK WEBSITE. MUSETREK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MUSETREK SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MUSETREK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MUSETREK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MUSETREK SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MUSETREK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MuseTrek from its facilities in the United States of America. MuseTrek makes no representations that the MuseTrek Website is appropriate or available for use in other locations. Those who access or use the MuseTrek Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MuseTrek, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MuseTrek Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MuseTrek Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MuseTrek without restriction.
You agree that: (i) the MuseTrek Site shall be deemed solely based in Massachusetts; and (ii) the MuseTrek Site shall be deemed a passive website that does not give rise to personal jurisdiction over MuseTrek, either specific or general, in jurisdictions other than Massachusetts. These Terms of Service shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and MuseTrek that arises in whole or in part from your use of the MuseTrek Website shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, Massachusetts. These Terms of Service, together with the Privacy Notice at http://www.musetrek.com/t/privacy and any other legal notices published by MuseTrek on the Website, shall constitute the entire agreement between you and MuseTrek concerning the MuseTrek Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MuseTrek’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MUSETREK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUSETREK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.