Welcome to Mueshi! Mueshi Incorporated operates www.mueshi.com and www.mueshi.io (the "Site"). Mueshi Incorporated (sometimes called "Mueshi",”Mueshi Inc.”, “Mueshi Incorporated”, "we", "us" or "our" below). These Terms & Conditions apply to your interaction with us. Your access to and use of the Site, including any content, information, materials, text, images, functionality, and services and products offered there and your access to and use of any services offered by Mueshi (collectively, called the "Services" below) is subject to these terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms and Conditions"). We may revise the Terms and Conditions from time to time without notice. Please review the Terms and Conditions carefully on a regular basis, as they may have changed since your last visit.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAINS DISPUTE RESOLUTION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO ARBITRATION, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY ACCESSING ANY PORTION OF THE SITE OR BY USING THE SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the "Content") on the Site are the property of Mueshi and its affiliates and licensors, and may be protected by copyright and other proprietary rights. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal, non-commercial use. Please note that we may withdraw any Content from the Site at any time at our sole discretion. By downloading, printing, or otherwise using any of the Content, you agree that you will (a) restrict your use of such Content to personal and non-commercial use, (b) comply with these Terms and Conditions, and (c) not violate the rights of Mueshi or any other person or entity. Unauthorized commercial publication or exploitation of Content is prohibited without our express written consent. If you wish to use any of the Content in any way other than as authorized by these Terms and Conditions, you must first obtain our written permission. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a fee for such use.
Names, titles, trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Site are our registered and/or unregistered common law trademarks or those of our affiliates and licensors. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the third party that owns the Trademark. Any unauthorized use of the Trademarks is prohibited.
For purposes of the Digital Millennium Copyright Act ("DMCA"), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact us as set forth in the paragraph below entitled "Contact Information" below.
The Site, and the Services are only available only to, and may only be used by, individuals who are 18 years and older, except as provided herein. Individuals under the age of 18 can use them only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all use. Users of the Site and the Services who are California residents and are under 18 years of age may request and obtain removal of any User Content (as defined below) which they authored by emailing us at firstname.lastname@example.org. Please see also the section of the Site entitled “Do not sell my personal information” for more on California privacy rights.
The Federal Trade Commission (FTC) requires Mueshi to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made by Mueshi. The views and opinions expressed on the Site, and the Services are purely our views and opinions or those of the users of Mueshi who maintain User Accounts. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement except as disclosed in writing.
As part of our order processing procedures, we may screen Site activity for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to provide services due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may contact you at the phone number or email address you provided. We also reserve the right to cancel any User Accounts or refuse to provide services due to suspected fraud or unauthorized or illegal activity.
The Site, and the Services may contain links to third-party websites. The linked sites are not under Mueshi’s control and we are not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. The Site, and the Services may also contain links to the email addresses of various employees or other service providers for purposes of feedback and communication regarding Mueshi and our products and services. By clicking on a link to an employee’s or other service provider’s email address, you may leave Mueshi and enter into an area, such as one controlled by your email service provider, which these Terms and Conditions do not govern. We assume no responsibility or liability with respect to your entering such an area.
Please note that such link to or solicitation for the Site and does not imply a relationship with, or endorsement of, the third-party website, application, etc. or its content, purpose, policies or practices. Mueshi and enter into an area, such as one controlled by your email service provider, which these Terms and Conditions do not govern. We assume no responsibility or liability with respect to your entering such area.
You agree not to use or launch any automated system, including without limitation, "bots", "spiders" or "offline readers", that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, we grant 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. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names or other information related to User Accounts, from the Site, nor to use the communication systems provided by Mueshi, including, for the avoidance of doubt, the chat feature, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site and/or the Content. You agree that your access and use of the Site, and/or Services must comply with all applicable federal, state, local, and international laws and regulations. Your use of the Site, and/or Services must not promote any illegal activity, or advocate, promote, or assist any unlawful act.
You agree that any information you provide through the Site, or Services ("User Content") will be truthful, accurate and complete. For illustrative purposes, User Content may be provided in account information, in Stores (as defined in the Fundraising Policy) and in chats. We have no obligations regarding User Content except as specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any User Content to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity. By uploading the User Content, you hereby grant Mueshi and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Mueshi and its contractors and employees, from (i) all liability and claims for invasion of privacy, publicity or libel, (ii) any liability and claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability and claims for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Mueshi in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Mueshi’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You further acknowledge and agree that Mueshi may preserve User Content and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to
13. From time to time, the Site, and/or Services may be inaccessible or inoperable for various reasons, including equipment malfunctions, updates, maintenance and repairs and causes beyond our control or those that are not reasonably foreseeable. We are not obligated to compensate you for these conditions.
THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE, AND THE SERVICES ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE WE OFFER BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT SUCH CONTENT IS SUITABLE FOR YOUR NEEDS, COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, AND YOU HEREBY ACKNOWLEDGE THAT SUCH DOWNTIME MAY AFFECT YOUR STORE (AS DEFINED IN THE FUNDRAISING POLICY), SALES, AND YOUR PARTICIPATION IN SALES CONTESTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MUESHI, NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE "MUESHI PARTIES"), SHALL HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES ARISING OUT OF LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA (EVEN IF MUESHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO (A) THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE, AND/OR THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, AND/OR THE SERVICES; (C) THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE, AND/OR THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL MUESHI PARTIES TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE GREATEST OF (1) THE AMOUNT YOU HAVE PAID ALL OF THE MUESHI PARTIES IN THE SIX (6) MONTHS PRIOR TO A CLAIM ACCRUING, (2) THE AMOUNT YOU HAVE SOLD IN A STORE MADE AVAILABLE THROUGH THE SITE FOR SUCH SIX-MONTH PERIOD (IF YOU OPERATE A STORE), OR (3) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN OF THE FOREGOING. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Mueshi Parties harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (a) your breach of these Terms and Conditions; (b) your violation of any third-party right; and (c) your gross negligence, intentional misconduct and illegal conduct.
We specifically reserve all rights that we do not expressly grant in these Terms and Conditions.
If you wish to contact us regarding (a) information on our products and services, (b) permission to reproduce or use any Content, (c) notices of claimed infringement under the DMCA, or (d) any other reason, please contact (the "Copyright Agent"): MUESHI INCORPORATED 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808. Phone: 305-988-1250 Email: email@example.com For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Mueshi’s Customer Service through. You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid. We provide this contact information for purposes of the DMCA only and reserve the right to respond only to communication that is relevant for this purpose.
Mueshi reserves the right to discontinue any aspect of the Site and/or Services at any time; provided, however, that we will use reasonable efforts to communicate such plans in advance.
In the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, you and we agree that the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THIS SECTION 21, BY USING THE SITE, OR THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS SECTION 21 CAREFULLY. You acknowledge and agree that: (a) the Site, and Services shall be deemed solely based in Illinois; and (b) the Site, and Services shall be deemed not to give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Illinois. These Terms and Conditions are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions, the Site, or the Services shall be settled by binding individual arbitration in Chicago, Illinois. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The party seeking to initiate arbitration must notify the adverse party in writing of a Demand for Arbitration. If the parties cannot mutually agree on an acceptable arbitrator within twenty days after the adverse party has received the Demand for Arbitration from the initiating party, the parties shall submit a joint-request for arbitration to the American Arbitration Association ("AAA"), and shall allow the AAA to select the arbitrator. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a panel of three arbitrators each experienced in commercial contract disputes for at least seven (7) years and each having presided over at least five (5) previous arbitration matters, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any potential arbitrator who is employed by or affiliated with a competing organization or entity thereby resulting in a conflict-of-interest. An award of arbitration may be confirmed in a court of the State of Illinois, and in the event of non-compliance with the arbitration ruling, the prevailing party may seek to enforce the arbitration decision in the Illinois courts. YOU AGREE THAT ALL DISPUTES BETWEEN YOU, ON THE ONE HAND, AND MUESHI, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY), WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE, OR THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing provisions of this Section 21, (a) we shall be entitled to obtain injunctive relief and specific performance from any court of competent jurisdiction, for example, to stop you from using the Site, or the Services in a manner that violates these Terms and Conditions, (b) you shall be entitled to bring an individual action in small claims court, and (c) you shall be entitled to bring other claims in a court of competent jurisdiction solely to the extent that such right may not be waived under applicable law.
ARBITRATION MUST BE INITIATED BY THE AGGRIEVED PARTY WITHIN ONE (1) YEAR OF THE ALLEGED CONDUCT THAT MAY GIVE RISE TO ANY CAUSE OF ACTION OR DISPUTED MATTER TO BE ARBITRATED THAT ARISES OUT OF OR IS RELATED TO THE SITE, SERVICES AND/OR THESE TERMS AND CONDITIONS. IF ARBITRATION IS NOT INITIATED WITHIN ONE (1) YEAR OF A DISPUTE OR CAUSE OF ACTION COMING INTO EXISTENCE, SUCH CAUSE OF ACTION CANNOT BE PURSUED AND IS PERMANENTLY BARRED FROM ARBITRATION AND LITIGATION.
In the event of any action to enforce or interpret any provision of these Terms and Conditions, including arbitration proceedings, the prevailing party is entitled to recover, in addition to other costs, reasonable attorneys’ fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorneys’ fees to be paid to the prevailing party will be decided by the tribunal in which the matter is heard, tried, or decided, including any arbitration panel, court(s), or appellate court(s).