Date of Last Revision: July 30th, 2017
Please read these terms and conditions (hereinafter – “Terms”) of use carefully. By accessing or using this service, you agree to be bound by the Terms and conditions described herein and all terms incorporated by reference. If you do not agree of these Terms, do not use this web site https://mustapp.com/ (hereinafter – “Site”) and mobile application Must (hereinafter – “Application”) that belong to the Must App Corp. (hereinafter – “Company”).
These Terms apply when you access the Site and / or the Application, and / or the Company's services that are provided to you in connection with your use of the Site and / or the Application (hereinafter referred to as the "Service"). Service is managed by the Company. These Terms do not in any way alter the terms of any other Agreement of the Company, which may apply to you or its subsidiaries or affiliates of the Company for products, the Service or otherwise. If you use the Service on behalf of any entity, you warrant that you are authorized to accept the Terms on behalf of such a person and that such person agrees to reimburse you and the Company for violations of these Terms.
Company reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy, at any time and in its sole discretion. Any changes will be effective immediately upon posting of the revisions on the Service, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Service following the posting of changes will confirm your acceptance of such changes. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that have been changed. If you do not agree to the amended Terms, you must stop using the Service.
The Service is intended for its use all over the world, where this type of Service is not prohibited by the laws of the respective countries. If there is a legal or other prohibition on using the Service in your country, you should immediately stop using the Service. The Service can be used by users who have reached the age of 13 years and older. If you use the Service, you represent and guarantee the Company that you are at least 13 years old.
3. Copyright and Limited License
Unless otherwise indicated in the Service, the Service and all content and other materials contained therein including, without limitation, the Company logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files (collectively, the "Materials") are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Service (except where prohibited without a license) for your informational, non-commercial and personal use. License is subject to these Service Terms and does not include: (a) any resale or commercial use of the Service or the Materials therein; (b) the collection and use of any postings; (c) the distribution, public performance or public display of any Materials; (d) modifying or otherwise making any derivative uses of the Service and the Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Materials or any information contained therein, except as expressly permitted by the Service; (g) any use of the Service or the Materials other than for its intended purpose.
Any use of the Service or the Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Service infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Must App Corp.
Address: 1013 Centre Road, Suite 403-B, Wilmington, DE 19805 County of New Castle in the State of Delaware, USA
Postal address (for official letters only): 340 S LEMON AVE #7764, WALNUT, CA 91789, USA
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Company, the Company logos and any other Company product or service name or slogan contained in the Service are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing "Company " or any other name, trademark or product or service name of Company without our prior written permission.
In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Service, the content of any text or the layout/design of any page or form contained on a page on the Service without Company 's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Service, or Web sites linking to the Service.
Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein.
When you leave the Service, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.
8. Third Party Content
Company may make third party content available on the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information.
Company does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.
You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Content.
Users use such Third Party Content contained therein at their own risk.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Service, Company or Company 's products or services that are provided by you in the form of email or other submissions to Company, or any postings on the Service, are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. User Content and Conduct
The Service involves the creation, posting, publishing and storage of content and information by users ("User Content"). You are solely responsible for the User Content you post and for your use of the Service.
You use the Service at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is illegal, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, graphically violent, false, misleading or fraudulent;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files.
You further agree that you are solely responsible for your conduct while on the Service, and you agree that you will not do any of the following in connection with the Service or its users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
- Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Collect information about users, including email addresses, without their consent;
- Circumvent or attempt to circumvent any filtering, security measures or other features Company may from time to time adopt to protect the Service, its users or third parties.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Enforcement of the User content or conduct rules set forth in these Terms is solely at Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.
In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
As a provider of interactive services, Company is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Company has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense.
Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.
If you post User Content to the Service, unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Service and the promotion thereof, including without limitation the right to use your name, likeness, voice or identity in connection with providing the Service.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Service; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you create, post, store or publish on or through the Service or your conduct on or in connection with the Service, including without limitation any actual or threatened suit, demand or claim made against Company and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY , THE SERVICE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE AND THE SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Service and to modify, suspend or discontinue the Service or any Services offered through the Service or any features or functionality of the Service or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL COMPANY , ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY 'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE), PRODUCT LIABILITY, STRICT LIABILITY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE.
14. Termination Law and Venue
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent future your access to and use of the Service.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16. Questions & Contact Information
Questions or comments about the Service may be directed to Company at firstname.lastname@example.org