Terms of Service

MuseStorm Site

Welcome to the website (“Site”) of MuseStorm (a Delaware Corporation) (“MuseStorm,” “we” or “us”), http://www.musestorm.com (the “Site” or “website"). MuseStorm is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

Our Intellectual Property
MuseStorm, the MuseStorm logo, and The professional way to widget™ and related marks are trademarks of MuseStorm, Inc.  All rights reserved.  FBML stands for Facebook Markup Language and is a trademark of Facebook, Inc.  OpenSocial is an open-standard for the development of social applications for other social networks introduced by Google and supported by Bebo, Friendster, MySpace, and Orkut, among others.  All other trademarks mentioned are marks of the respective companies mentioned.

Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by MuseStorm or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by MuseStorm.

You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.

You agree to defend, indemnify and hold MuseStorm, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.

Disclaimer of Warranty , Limitation of Liability, and Release
MuseStorm does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” MuseStorm MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.

UNDER NO CIRCUMSTANCES WILL MUSESTORM OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED MUSESTORM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

MUSESTORM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT MUSESTORM ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall MuseStorm’s aggregate liability to you or any Third Party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

In the event that you have a dispute with MuseStorm, you release MuseStorm (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a New York resident, you waive New York Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”

Links to Other Sites
Our Site may provide links to websites not operated by MuseStorm. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party websites. For example, we do not vouch for the accuracy or reliability of the information on third-party websites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third?party sites, and make no representations regarding the accuracy of materials on third?party websites. Statements made on third-party websites linked to or from this site reflect only the views of their authors and not of MuseStorm.

Unless otherwise set forth in a written agreement between you and MuseStorm, you may link your website to the home page of our Site. [provided that you adhere to the following linking policy: (i) any link to MuseStorm’s Site must be a text only link and clearly marked “MuseStorm,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MuseStorm’s name, trademarks, and certification marks, (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MuseStorm, (iv) when selected by a user, the link must display the MuseStorm Site on full-screen and not within a “frame” on the linking Site, and (v) MuseStorm reserves the right to revoke its consent to the link at any time and in its sole discretion.]

Violations and Additional Terms
MuseStorm reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.  Please see the terms and conditions regarding the use of widgets created on the MuseStorm Engagement Platform by third parties, incorporated herein by reference.

No Waiver
No delay or failure by MuseStorm to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by MuseStorm nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of MuseStorm shall have any legal effect.

Severability
If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction
These Terms and Conditions and any disputes arising under or related to these Terms and Conditions and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the State of New York, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in New York, New York. You agree to submit to the personal jurisdiction and venue of the courts of the State of New York for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms and Conditions statement is MuseStorm’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.

For More Information
If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to , or writing to us at MuseStorm, 250 W. El Camino Real, Suite 4205, Sunnyvale, CA 94087.

Changes to this Agreement
MuseStorm reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. We will provide notice of such change on the this website. Please review the Terms of Use and/or Additional Terms periodically for changes. Your continued use of the MuseStorm website constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Website.