Use of Widgets

Thank you for using a MuseStorm’s Widget ("Widget"). Please read the following terms and conditions (the “Terms”, or the “Terms of Service") carefully before proceeding. By embedding the Widget in your Personal Web Page, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Widget.

The Widget
The Widget is a mini-application that runs within websites and mobile phones and can be easily embedded in personal blogs and personal web pages in social networks and online communities’ websites (collectively: “Personal Web pages").

A MuseStorm customer or trial user ("Third Party") created this Widget by using the MuseStorm Engagement Platform at http://www.musestorm.com. The Third Party uploaded links to certain web content that is now displayed by the Widget.
MuseStorm Inc. ("MuseStorm", “We”, “Us”, or “Our") only provides the Widget application. We do not take any part in selecting the Widget’s content and have no control or discretion in managing such content. The Widget’s content is determined and provided solely by the Third Party and at the Third Party’s discretion. The Third Party may also change the Widget’s content from time to time without giving Us, or anyone else, a prior notice.

We do not endorse, or sponsor the Widget’s content, or confirm its accuracy, credibility, authenticity, validity, integrity or legality. We assume no responsibility or liability for such content, or for its availability.

Acceptable use of the Widget
Subject to these Terms, you may embed the Widget in your Personal Web Page.

You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your use of the Widget and the use of the Widget by anyone on your behalf.

When using the Widget, you agree to refrain from willfully, or carelessly –

  • breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Widget
  • interfering with, circumventing, manipulating, or disrupting the operation, or the functionality of the Widget

In the course of creating the Widget, the Third Party may have uploaded links to content that you can access and change (such as RSS feeds). If you have such ability, then you must refrain from causing to display content which may reasonably be deemed as:

  • Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks
  • Identifying minors, their personal details or their address and ways to contact them
  • Containing software viruses, ‘Trojan Horses’, ‘Worms’, ‘Vandals’, ‘Spyware’ and any other Malicious Applications
  • Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws
  • Constituting a violation of a person’s right for privacy or right of publicity
  • Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public
  • Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable

If you choose to automatically embed the Widget in your Personal Web Page, then We may ask you to provide Us with some personal details, such as your e-mail address and password, so that we can access your personal settings of the Personal Web Page and embed the Widget’s tag.

You may only use the option of automatically embedding the Widget in your Personal Web Page, if you are over the age of 13. If you are under 13, then you must not provide us with your personal details.

False, incorrect, or outdated information may prevent you from using the Widget and impair Our ability to automatically embed the Widget in your web page. You are fully (responsible/) accountable for any outcome resulting from your failure to provide Us with true, accurate and complete details.

You may remove the Widget from your Personal Web Page at any time, by entering your personal setting of the Personal Web Page and removing the embedded tag of the Widget.

Cancellation of the Widget
Notwithstanding any remedies that may be available to Us under any applicable law, We may temporarily or permanently remove or disable access to the Widget or any part of it at any time, at Our sole discretion and without giving you a prior notice. We may do so in various occasions, such as in cases of the Widget’s misuse, or the use of the Widget in ways which are contrary to any applicable law, rules, or regulations, or as a result of a breach of the User Agreement between the Third Party and MuseStorm.

Requests to remove Content
We respect the intellectual property rights of others. The content published on the Widget is provided and managed by the Third Party. Any requests to remove copyright infringing content from the Widget, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with MuseStorm’s Copyright Policy, which is incorporated by reference to the Terms.

Privacy
We respect your privacy. Our Privacy Policy explains Our accepted privacy practices and is incorporated by reference to the Terms. We may change the terms of the Privacy Policy from time to time and therefore we recommend that you read it periodically.

Intellectual property
All rights, title and interest, including copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Widget, including the computer code, graphic design, lay-out and user interface of the Widget, are owned by, or licensed to Us.

Other than expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, adapt, make commercial use, translate, sell, lend, rent, combine with other software, modify or create derivative works of the Widget, or any part of it, either by yourself or by a Third Party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.

You may not adapt or otherwise use any name, mark or logo that is identical, or confusingly similar to any of MuseStorm’s trademarks, service marks and logos, without Our prior, explicit and written consent. You must avoid any action or omission which may dilute, or tarnish MuseStorm’s reputation or goodwill.

You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Widget. You agree to retain and avoid distorting such signs and notices in any copy thereof.

Changes in Our services
We may from time to time change the scope and availability of Our services, without giving prior notice. Changes of this type may affect the availability of the Widget and, by their very nature, may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or for any malfunctions or failures that may result there from.

Availability
The availability and functionality of the Widget depends on various factors and elements, including software, hardware and communication networks, which are partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Widget will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or protected from unauthorized access or error free.

Termination of operation
We may at all times, in Our sole discretion, terminate the operation of Our services or any part thereof, temporarily or permanently without any prior notice. As a result, the Widget may be blocked or removed from your Personal Web Page. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the termination of Our services.

Amendments to the Terms
We may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after We have posted an initial notification on Our website’s homepage at http://www.musestorm.com, or on any other relevant web pages on MuseStorm’s website, with respect to such changes. Other changes will take effect 7 days after their initial posting on MuseStorm’s website, unless We amend the Terms to comply with legal requirements. In the latter cases the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made to the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Widget will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use of the Widget.

We advise you to periodically read the Terms, as they may change from time to time.

DISCLAIMER OF WARRANTY
THE WIDGET IS PROVIDED FOR USE AS IS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WIDGET, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT THE WIDGET WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WIDGET IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY
WE, INCLUDING OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL BE EXEMPT FROM LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WIDGET OR, FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WIDGET OR, FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WIDGET, OR FROM ANY COMMUNICATION WITH MUSESTORM, OR WITH OTHER USERS ON OR THROUGH THE WIDGET, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF ANY CONTENT, ON THE WIDGET.

Indemnification
You agree to indemnify, defend and hold harmless, Us and Our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on Our behalf, at your own expense and immediately after receiving a written notice from Us, from and against any damages, loss, costs, expenses and payments, including reasonable attorneys fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Widget, or your breach of the Terms, or any other terms, rules or regulations applicable to Our services, or your violation, or infringement of other persons’ rights.

Governing Law, Jurisdiction
Except as provided specifically in the Copyright Policy, the Terms of Use and all documents, forms and policies incorporated thereto, and your use of the Widget will be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York.

You agree to resolve any dispute or claim that you may have against Us and to submit to personal jurisdiction in the state and federal courts in the city of New York, NY.

General
The Terms of Use constitutes the entire agreement between you and Us with respect to the use of the Widget and they supersede any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Us, or pursuant to the Terms, shall be effective unless consented to explicitly and executed in writing by Our authorized representative.
The Terms of Use shall take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms of Use, unless specifically indicated in such documents that a certain provision survives notwithstanding any of the provisions of the Terms of Use.

Failure on Our part to demand performance of any provision in the Terms shall not constitute a waiver of any of Our rights under the Terms.

The Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Changes in Ownership
We may incorporate as a separate company or transfer ownerships rights and title in any and all of Our services to a Third Party, provided that your rights according to the Terms are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights and you hereby give your prior consent thereto.

Interpretation
The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms.

Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.

Notices
We may contact you and send you notices via e-mail and through other means, as may be available from time to time. You may contact Our customer relations department, by using the ‘contact us’ form on MuseStorm’s website available at this page, or by using Our contact details hereunder. We reserve the right to publish in public - including on MuseStorm’s website - any communications with you, as long as your personal details are only revealed with your prior consent, or in accordance with the Terms. All communications between us will be deemed as received after one business day of mailing.