WEBSITE AND MOBILE SERVICES
Welcome to Muuzii®, provided by Muuzii Inc. (“Muuzii” or “we”). By registering for, visiting or using any aspect of the Website (defined below) or registering, accessing or using the Mobile Services (defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). “Website” means any websites owned and operated by Muuzii, including the websites located at www.muuzii.com, www.muuzii.net, www.muuzii.us, as well as any co-branded versions of those websites, but does not include any other web site linked to or from any of the foregoing. “Mobile Service” means any or all of the mobile content delivery services provided by Muuzii which allows you to use your compatible mobile telephone or other device which you own or have control over, or for which you have permission to use and to incur charges for (the “Device”) to interact with Muuzii or other users, via the Internet, SMS, MMS, WAP and other means of mobile content delivery. The term “Content” means (i) all content posted, transmitted, accessible or available for download or otherwise through the Website or Mobile Service, including, without limitation, in the form of software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, or otherwise, such as data, news, and other information, and (ii) any of the foregoing which you post, transmit or send on or through the Website or any Mobile Service (referred to as “User Provided Content”).
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
You must be at least 13 years of age to sign up for or use the Website or the Mobile Service and each user who signs up or uses the Website or any Mobile Service represents to Muuzii that they are at least 13 years of age. If you are older than 13 but not yet 18 years of age, you agree that you have received parental permission to provide personal information to Muuzii and to order any products or mobile services through the Website and/or Mobile Service. Access to and use of the Website and Mobile Service is limited to users in The United States. Nevertheless, since use of the Internet and mobile devices is global in nature, it may be possible to access and/or use the Website and/or the Mobile Service outside of The United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from The United States or any other jurisdiction. We make no representation that the Website, the Mobile Service and/or the Content are lawful in any jurisdiction outside The United States.
USE OF WEBSITE AND MOBILE SERVICE
To use the Mobile Service, you must have a mobile communications subscription with a participating carrier (a “Carrier”) for your Device or otherwise have access to a mobile communications network for which Muuzii makes the Mobile Service available and pay any mobile service fees associated with any such access (for example, all standard messaging fees charged by your Carrier). We make no representation as to compatibility of your Device with the Website, the Mobile Services or the Content. You are responsible for enabling certain functionalities of your Device, such as a data plan and text messaging, which are required in order to participate in various elements of the Mobile Service. In addition, you must provide all equipment and software necessary to connect to the Website and Mobile Service (as they exist today or as modified or upgraded), including, but not limited to, computer equipment, Internet access, a mobile hand set or other mobile access Device that is in working order and suitable for use in connection with the Mobile Service. Carriers may impose limitations on delivery of certain types of content, so you should check with your Carrier to determine whether any transmission limitations will apply to any Mobile Service you have or may decide to register for.
The Website, Mobile Service and Content are solely for your personal non-commercial use on the Device you designate in your registration or at the time you purchase an item of Content. You may not copy, distribute, transmit, broadcast, sell, resell or upload to any computer or Device, or create derivative works from any portion of the Website or Mobile Service, including, without limitation, any Content. You may not, or otherwise attempt to (or otherwise authorize, encourage or support other attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Website or Mobile Service, including, but not limited to, any Content.
Muuzii’s translation mobile service is only intended for simple daily personal use and not for technical, professional, environmental, health, safety, emergency, security, police, military and all other corporate purposes. Users who use Muuzii’s mobile services for these purposes are at their own risk and will indemnify and hold Muuzii harmless for all damages suffered by Muuzii. Muuzii’s only liability is to give the user a refund of the card or a replacement card. There is no warranty and Muuzii does not guarantee the server is always on, and it is subject to regular maintenance down time, interruptions and other factors beyond Muuzii’s control. By using Muuzii’s card or mobile services, the user acknowledges that he/she has read and agrees to these terms.
All partners and users acknowledge that the Muuzii’s translation mobile service is only intended for simple daily personal use and not for other purposes. Partners will not misrepresent Muuzii’s mobile service or product. Partners will communicate with its relationship partners and or distribution partners and bulk purchasers that the cards are subject to the terms and conditions posted on Muuzii’s website.
Certain Mobile Services offered by Muuzii are provided on an automatically renewing subscription basis whereby you will receive certain types of Content on a periodic basis (e.g., messages, text Alerts, text translations, etc.) each for a pre-set monthly price (“Subscription Mobile Service”). Unless otherwise stated in the Rules applicable to a Subscription Mobile Service, if you register for a Subscription Mobile Service entitling you to a fixed amount of Content per month, any unused Content items at the end of any month will not be carried over to any future period and you will lose your right to access or use that unused number of Content items. Billing for any Subscription Mobile Service begins when you subscribe or register for the Mobile Service and is automatically re-billed on the monthly anniversary of your subscription or registration, unless you cancel prior to the monthly anniversary. Access to a Mobile Service for which you have subscribed may be provided by directly delivering to you the applicable Content (e.g., by delivering an SMS message with a quote) or by enabling you to request the Content via an SMS command.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS
You represent and warrant to Muuzii that you own all of the rights in and for, or that you have a valid license to transmit, submit or post, any and all User Provided Content that you transmit, submit or post to the Website or through a Mobile Service. By transmitting, submitting or posting User Provided Content to the Website or through a Mobile Service, you grant Muuzii and its Affiliates the worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish, sell, license, distribute and/or incorporate any or all of your User Provided Content in any media and for any purpose that Muuzii may determine in its sole discretion.
You shall not transmit, submit or post any User Provided Content to the Website or through a Mobile Service if it:
- Infringes Muuzii’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Violates any law, statute, ordinance or regulation;
- Is libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Muuzii or third parties or that infringes
- Muuzii’s or any third party’s rights of publicity or privacy;
- Contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Contains or constitutes chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of “spam”; Is false, inaccurate or misleading; or
- Is a commercial advertisement or solicitation.
CHARGES / BILLING
You authorize Muuzii to charge the appropriate fees for the Mobile Services (the “Fees”) directly to your Carrier invoice for your Device, as selected by you, and if you select a Subscription Mobile Service, you authorize the continued billing each month until you cancel such subscription.
All Fees are subject to change and Muuzii will provide you with reasonable notice of such change in Fees prior to the new Fees taking effect. Upon receipt of Muuzii’s notice of a change in Fees, you may cancel any Subscription Mobile Service for which Fees have been changed at the end of your then-current subscription period if you do not accept the new Fees. Continuation of a Mobile Service after notice of a change in Fees will constitute your agreement to the new Fees.
CHANGES TO THIS TERMS OF SERVICE
Muuzii reserves the right at any time and from time to time to amend, supplement or modify the terms of this Terms of Service. We will post or display notices of material changes on the Website and those changes will become effective ten (10) days after the date of posting. Your continued use of the Website and/or Mobile Service after the changes become effective signifies your agreement to bound by such modified Terms of Service.
Muuzii respects the intellectual property rights of others, and expects you to do the same. If you believe that any Content has been used on the Website or Mobile Service in a manner not authorized by you and that constitutes copyright infringement, please provide Muuzii’s Copyright Agent with a written notice that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on the Website or Mobile Service;
- your address, telephone number, and e-mail address;
- a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
INTELLECTUAL PROPERTY RIGHTS
The Website and Mobile Service, including, without limitation, all software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Website and Mobile Service, including, without limitation, the “look and feel” of the Website and Mobile Service, the Content, all trademarks, mobile service marks and trade names, but excluding all User Provided Content (individually and/or collectively, the “Material”) are the property of Muuzii and/or its Affiliates (as defined below). The Website, Mobile Service and Material are owned by Muuzii and/or its Affiliates, and are legally protected, without limitation, under Chinese laws, as well as applicable foreign laws, regulations and treaties. Unless the context or mobile service clearly requires otherwise or we explicitly say so in writing, the term “the Mobile Service” includes the Material as well. You must not alter, delete or conceal any copyright notices or other intellectual property notice contained on the Mobile Service. Muuzii grants to you a limited, non-exclusive, non-transferable, revocable right to download the Content to your compatible Device solely for your own non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You understand, acknowledge and agree that you shall not, nor will you allow any third party (whether or not for your benefit) to, download, reproduce, modify, create derivative works from, display, publish, perform, transfer, broadcast, distribute or otherwise use the Website, Mobile Service or Content except as expressly provided in this Terms of Service.
PROMOTIONS, GIVEAWAYS AND ADVERTISING
Muuzii and/or its Affiliates may present advertisements and promotional materials on or through the Website and any Mobile Service. Your participation in any such promotional event is subject to any applicable Rules associated with that event as described on the Website. Other third party charges, such as from your Carrier, may apply when you participate in such an event. Please review your agreement with your Carrier or contact your Carrier for more details. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Website or Mobile Service, including payment and delivery of related goods or mobile services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither Muuzii nor its Affiliates shall be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website or Mobile Service.
LINKS TO THIRD-PARTY SITES
The Website and the Mobile Service may include links to third-party websites not owned or operated by Muuzii (the “Third Party Websites”). These links are provided only as a convenience to you. Neither Muuzii nor its Affiliates are responsible for the availability of such Third Party Websites or their contents, nor will Muuzii or its Affiliates have any liability, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such site or goods or mobile services available through any such site. You should direct any concerns regarding Third Party Websites to those sites’ administrators.
CHANGES TO OR TERMINATION OF WEBSITE AND/OR MOBILE SERVICE
Muuzii reserves the right in its sole discretion from time to time, to modify, suspend or discontinue all or any portion of any Mobile Service, including distribution of a particular type or category of Content in a Mobile Service. In such event, Muuzii will not refund any portion of your fees, but Muuzii will provide substitute Content or Mobile Services as it may determine to be appropriate, or may provide you with other alternatives, at Muuzii’s sole discretion. The foregoing is your sole remedy, and Muuzii will have no liability, with respect to any changes to the Mobile Service or Content available through the Website or Mobile Service.
Your use of the website, mobile service and content, is solely at your own risk. The website, mobile service and content are provided “as is” and “as available” without warranty of any kind by Muuzii or its affiliates, as applicable. To the maximum extent allowed by applicable law, Muuzii and its affiliates, as applicable, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the website, mobile service or content will meet your requirements, or that your access to the same will be uninterrupted, timely, secure or error-free. Muuzii and/or its affiliates, as applicable, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the website, mobile service or content with respect to performance, accuracy, reliability, security capability, currentness or otherwise. You agree that you will not hold Muuzii and/or its affiliates, as applicable, responsible for any damages that result from you accessing or using the website, mobile service or content, including, but not limited to, any infections or contaminations of your devices you use to access the same. You agree that no oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to Muuzii and/or its affiliates, as applicable. Under no circumstances shall Muuzii and/or its affiliates, as applicable, be liable for any unauthorized use of the website, mobile service or content.
Under no circumstances shall Muuzii and/or its affiliates, as applicable, be liable to you or any third party, whether in contract, tort, strict liability or otherwise, for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the website, mobile service or content, even if Muuzii and/or its affiliates, as applicable, have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Muuzii and/or its affiliates, as applicable, shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US$15. Muuzii will have no liability to you or any third party, including the owner of the device, for any content or any other aspect of the website or mobile service that anyone might find objectionable.
You agree that any unauthorized use of the Website, Mobile Service or Content would result in irreparable injury to Muuzii and its Affiliates for which money damages would be inadequate, and in such event Muuzii and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Terms of Service shall be construed to limit the remedies or relief available pursuant to statutory or other claims that Muuzii or its Affiliates may have under separate legal authority, including but not limited to any claim for intellectual property infringement.
The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of Muuzii. The remedies of Muuzii and/or the Affiliates under this Terms of Service shall be cumulative. Your rights under this Terms of Service are not assignable or transferable. You agree not to resell or transfer the Mobile Service including, without limitation, the Content or any portion thereof.
The laws of The United States, excluding its conflicts-of-law rules, govern this Terms of Service and your use of the Website and Mobile Services, including, without limitation, the Content. You expressly agree to the exclusive jurisdiction and venue in Chinese courts for all disputes arising out of or related to the Website, the Mobile Services or this Terms of Service.
Please direct any questions concerning the Website, the Mobile Service or any other issue related to Muuzii, to [email protected]. Except as expressly provided otherwise herein, all notices to Muuzii shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: Muuzii Inc. at 1701 Pennsylvania Ave., NW, Suite 300, Washington DC 20006.
Muuzii will give notices to you related to this Terms of Service by posting them on the Website or sending them as a text message to your Device, and you expressly agree to receive notices from Muuzii in such manner. Notices posted on the Website or sent as a text message shall be deemed received on the weekday following the day they were posted or sent.