TERMS OF SERVICE
1. Your Acceptance
1. By using and/or visiting this website (collectively, including all content and functionality available through the iMuzDB.com domain name, the "iMuzDB Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2)iMuzDB's privacy notice, found at http://www.iMuzDB.com/privacy and incorporated here by reference. If you do not agree to any of these terms, or the iMuzDB privacy notice, please do not use the iMuzDB Website.
2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. iMuzDB may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. iMuzDB Website
1. These Terms of Service apply to all users of the iMuzDB Website, including users who are also contributors of content, information, and other materials or services on the Website. The iMuzDB Website includes all aspects of iMuzDB, including but not limited to all products, software and services offered via the website such as the iMuzDB channels and other applications.
2. The iMuzDB Website may contain links to third party websites that are not owned or controlled by iMuzDB. iMuzDB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iMuzDB will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iMuzDB from any and all liability arising from your use of any third-party website.
3. iMuzDB Accounts
1. In order to access some features of the Website, you will have to create a iMuzDB account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iMuzDB immediately of any breach of security or unauthorized use of your account.
2. Although iMuzDB will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iMuzDB or others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions
iMuzDB hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
1. You agree not to distribute in any medium any part of the Website, including but not limited to User Contributions (defined below), without iMuzDB's prior written authorization.
2. You agree not to alter or modify any part of the Website, including but not limited to any of iMuzDB’s related technologies.
3. You agree not to access any iMuzDB Content through any technology or means other than the pages of the Website itself, the iMuzDB own tools, or other explicitly authorized means iMuzDB may designate.
4. You agree not to use the Website, including any iMuzDB tools, for any commercial use, without the prior written authorization of iMuzDB. Prohibited commercial uses include any of the following actions taken without iMuzDB's express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* and any use of the Website or its related services that iMuzDB finds, in its sole discretion, to use iMuzDB's resources or User contributions with the effect of competing with or displacing the market for iMuzDB, iMuzDB content, or its User Contributions.
5. Prohibited commercial uses do not include:
* using the iMuzDB tools on an ad-enabled blog or website, provided the primary purpose of using these tools is not to gain advertising revenue or compete with iMuzDB;6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the iMuzDB servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, iMuzDB grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. iMuzDB reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Contibutions.
* any use that iMuzDB expressly authorizes in writing.
7. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
8. iMuzDB reserves the right to discontinue any aspect of the iMuzDB Website at any time.
5. 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 content on the iMuzDB Website.
1. The content on the iMuzDB Website, except all User Contributions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iMuzDB, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iMuzDB reserves all rights not expressly granted in and to the Website and the Content.
2. You may access User Contributions for your information and personal use solely as intended through the provided functionality of the iMuzDB Website. You shall not copy or download any User Contribution unless you see a “download” or similar link displayed by iMuzDB on the iMuzDB Website for that User Contribution.
3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the iMuzDB Website. 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 iMuzDB Website or otherwise as prohibited under this Agreement.
4. You may access iMuzDB Content, User Contributions and other content only as permitted under this Agreement. iMuzDB reserves all rights not expressly granted in and to the iMuzDB Content and the iMuzDB Website.
5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Contributions of third parties obtained through the Website for any commercial purposes.
6. You agree not to circumvent, disable or otherwise interfere with security-related features of the iMuzDB Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the iMuzDB Website or the Content therein.
7. You understand that when using the iMuzDB Website, you will be exposed to User Contributions from a variety of sources, and that iMuzDB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that you may be exposed to User Contributions 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 iMuzDB with respect thereto, and agree to indemnify and hold iMuzDB, 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.
6. Your User Contributions and Conduct
1. As a iMuzDB account holder you may submit biographical data content ("User Contributed Bio") and textual content ("User Comments"). User Contributed Bios and User Comments are collectively referred to as "User Contributions." You understand that whether or not such User Contributions are published, iMuzDB does not guarantee any confidentiality with respect to any User Contributions.
2. You shall be solely responsible for your own User Contributions and the consequences of posting or publishing them. In connection with User Contributions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize iMuzDB to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service.
3. For clarity, you retain all of your ownership rights in your User Contributions. However, by submitting User Contributions to iMuzDB, you hereby grant iMuzDB a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions in connection with the iMuzDB Website and iMuzDB's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iMuzDB Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iMuzDB Website a non-exclusive license to access your User Contributions through the Website, and to use, reproduce, distribute, display and perform such User Contributions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that iMuzDB may retain, but not display, distribute, or perform, server copies of User Contributions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
4. In connection with User Contributions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iMuzDB all of the license rights granted herein.
5. iMuzDB does not endorse any User Contribution or any opinion, recommendation, or advice expressed therein, and iMuzDB expressly disclaims any and all liability in connection with User Contributions. iMuzDB does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iMuzDB will remove all Content and User Contributions if properly notified that such Content or User Contribution infringes on another's intellectual property rights.
6. User Contributions may require previous approval before being published in the Web site. iMuzDB reserves the right to remove or discard any User Contributions without prior notice.
7. Account Termination Policy
1. iMuzDB will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
2. iMuzDB reserves the right to decide whether Content or a User Contribution is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. iMuzDB may remove such User Contributions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE IMUZDB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IMUZDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IMUZDB 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 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IMUZDB WEBSITE. IMUZDB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IMUZDB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IMUZDB 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.
9. Limitation of Liability
IN NO EVENT SHALL IMUZDB, 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 IMUZDB WEBSITE, 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 IMUZDB 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 in Brazil and offered by iMuzDB from its facilities in the United States of America. iMuzDB makes no representations that the iMuzDB Website is appropriate or available for use in other locations. Those who access or use the iMuzDB 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 iMuzDB, 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 iMuzDB Website; (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 Contributions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the iMuzDB Website.
11. 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. In any case, you affirm that you are over the age of 13, as the iMuzDB Website is not intended for children under 13. If you are under 13 years of age, then please do not use the iMuzDB Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iMuzDB without restriction.
Any claim or dispute between you and iMuzDB that arises in whole or in part from your use of the iMuzDB Website shall be decided exclusively by a court of competent jurisdiction located in Rio de Janeiro, Brazil. These Terms of Service, together with the Privacy Notice at http://www.imuzdb.com/privacy and any other legal notices published by iMuzDB on the Website, shall constitute the entire agreement between you and iMuzDB concerning the iMuzDB 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 iMuzDB's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. iMuzDB reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the iMuzDB Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IMUZDB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IMUZDB WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.