Terms of Service
Last updated September 24, 2008
Welcome to Mugasha!
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
Mugasha, LLC ("Mugasha," "we" or "us") provides an online service offering a selection of 3rd Party Music Podcasts ("Music" or "Podcasts") and other content ("Content") available on the Mugasha website (the "Mugasha Site"). Our service, including the Content and our player, and any other features, tools, applications, materials or other services offered from time to time by Mugasha in connection with its business on any of the Sites are referred to collectively as the "Mugasha Services." We are a company based in the United States.
It is our pleasure to provide the Mugasha Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the Mugasha Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the Mugasha Site (whether or not you are a registered member) or using any of the Mugasha Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at support@mugasha.com (subject line: "TOU Question").
2. CHANGES TO THE TERMS OF USE BY MUGASHA
Mugasha may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Mugasha Site at http://www.mugasha.com/terms. Any visit to the Mugasha Site or use of the Mugasha Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
3. ACCESS AND USE OF THE MUGASHA SERVICES
You must be at least 13 years of age to visit the Mugasha Site or use the Mugasha Services on any Site.
Your License. Mugasha is pleased to grant you a limited license to access and make personal, non-commercial use of the Mugasha Services. Mugasha owns and retains all rights to the Mugasha Services. Please remember that the Content provided to users as part of the Mugasha Services is owned by Mugasha and its licensors. The Mugasha Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. The Music and Podcasts are owned by their respective creators, producers, licensors and/or copyright holders.
The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, distribution, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of Mugasha or unless it is expressly permitted by Mugasha on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs.
The Music and Podcasts. The Music and Podcasts are owned by their respective creators, producers, licensors and/or copyright holders. Mugasha makes no claim of ownership on this material.
Your Responsibilities. In order for us to keep the Mugasha Services safe and available for everyone to use, we all have to follow the same rules. In general, we need for everyone to use the Mugasha Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the Mugasha Services in a way that:
* violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
* uses technology or other means to access the Mugasha Services that is not authorized by Mugasha (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the Mugasha Services, Content, or Music);
* accesses the Mugasha Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices of the Mugasha Services);
* attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* attempts to damage, disable, overburden, impair, or gain unauthorized access to the Mugasha servers, computer network, or user accounts;
* attempts to collect personally identifiable information in violation of Mugasha's Privacy Policy;
* encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
* violates these Terms, guidelines or any policy posted on the Mugasha Site; or
* interferes with any other party's use and enjoyment of the Mugasha Services.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Mugasha Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Mugasha Services, you acknowledge that you will have caused substantial harm to Mugasha and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Mugasha $50 for each such unsolicited communication you send through the Mugasha Services.
Downloads. In order to participate in certain Mugasha Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue
