diff --git a/.idea/.gitignore b/.idea/.gitignore new file mode 100644 index 0000000..73f69e0 --- /dev/null +++ b/.idea/.gitignore @@ -0,0 +1,8 @@ +# Default ignored files +/shelf/ +/workspace.xml +# Datasource local storage ignored files +/dataSources/ +/dataSources.local.xml +# Editor-based HTTP Client requests +/httpRequests/ diff --git a/.idea/inspectionProfiles/Project_Default.xml b/.idea/inspectionProfiles/Project_Default.xml new file mode 100644 index 0000000..03d9549 --- /dev/null +++ b/.idea/inspectionProfiles/Project_Default.xml @@ -0,0 +1,6 @@ + + + + \ No newline at end of file diff --git a/.idea/misc.xml b/.idea/misc.xml new file mode 100644 index 0000000..639900d --- /dev/null +++ b/.idea/misc.xml @@ -0,0 +1,6 @@ + + + + + + \ No newline at end of file diff --git a/.idea/modules.xml b/.idea/modules.xml new file mode 100644 index 0000000..b9ceecd --- /dev/null +++ b/.idea/modules.xml @@ -0,0 +1,8 @@ + + + + + + + + \ No newline at end of file diff --git a/.idea/runConfigurations.xml b/.idea/runConfigurations.xml new file mode 100644 index 0000000..797acea --- /dev/null +++ b/.idea/runConfigurations.xml @@ -0,0 +1,10 @@ + + + + + + \ No newline at end of file diff --git a/.idea/vcs.xml b/.idea/vcs.xml new file mode 100644 index 0000000..35eb1dd --- /dev/null +++ b/.idea/vcs.xml @@ -0,0 +1,6 @@ + + + + + + \ No newline at end of file diff --git a/.idea/website.iml b/.idea/website.iml new file mode 100644 index 0000000..d6ebd48 --- /dev/null +++ b/.idea/website.iml @@ -0,0 +1,9 @@ + + + + + + + + + \ No newline at end of file diff --git a/jsconfig.json b/jsconfig.json index 6b874ea..129de6f 100644 --- a/jsconfig.json +++ b/jsconfig.json @@ -2,7 +2,7 @@ "compilerOptions": { "baseUrl": "./", "paths": { - "@/*": ["src/*"], + "@/*": ["src/*"] } } } diff --git a/package.json b/package.json index fceef50..1447f36 100644 --- a/package.json +++ b/package.json @@ -8,7 +8,7 @@ "apollo-link-http": "^1.3.3", "d3-scale": "^2.0.0", "eslint-plugin-react": "^7.7.0", - "extract-react-intl-messages": "^0.7.1", + "extract-react-intl-messages": "^4.1.1", "graphql": "^0.13.0", "graphql-tag": "^2.7.3", "graphql-tools": "^2.20.2", @@ -18,18 +18,19 @@ "numeral": "^2.0.6", "polished": "^1.8.1", "prettier": "^1.7.4", + "prop-types": "^15.8.1", "react": "^16.8.6", "react-animated-number": "^0.4.4", "react-apollo": "^2.1.0", - "react-app-rewire-styled-components": "^3.0.0", - "react-app-rewired": "^1.3.4", + "react-app-rewire-styled-components": "^2.0.0", + "react-app-rewired": "^2.2.1", "react-dom": "^16.2.0", "react-helmet": "^5.2.0", "react-icons-kit": "^1.3.1", "react-intl": "^2.4.0", "react-router-dom": "^4.2.2", - "react-scripts": "^1.1.1", - "styled-components": "^2.2.3", + "react-scripts": "^5.0.1", + "styled-components": "^5.3.5", "text-gradient": "^0.2.0", "typography": "^0.16.6" }, @@ -45,5 +46,17 @@ "prettier --config .prettierrc --write", "git add" ] + }, + "browserslist": { + "production": [ + ">0.2%", + "not dead", + "not op_mini all" + ], + "development": [ + "last 1 chrome version", + "last 1 firefox version", + "last 1 safari version" + ] } } diff --git a/src/App/index.js b/src/App/index.js index 0cf67b5..e082c4f 100644 --- a/src/App/index.js +++ b/src/App/index.js @@ -12,6 +12,7 @@ import { Terms } from '@/Terms'; import { Developers } from '@/Developers'; import { GettingStarted } from '@/GettingStarted'; import { Team } from '@/Team'; +import { ProjectRelaunch } from '@/projectRelaunch'; export class AppBase extends Component { componentDidUpdate(prevProps) { @@ -29,6 +30,7 @@ export class AppBase extends Component { + diff --git a/src/Home/Stats/index.js b/src/Home/Stats/index.js index 5fd7ba8..1ade049 100644 --- a/src/Home/Stats/index.js +++ b/src/Home/Stats/index.js @@ -64,7 +64,7 @@ class Stats extends React.Component { } numberWithCommas(number) { - if (number == 0) { + if (number === 0) { return '0,000,000'; } else { return number.toString().replace(/\B(?=(\d{3})+(?!\d))/g, ','); diff --git a/src/Home/index.js b/src/Home/index.js index b41ce17..b1ceddb 100644 --- a/src/Home/index.js +++ b/src/Home/index.js @@ -25,8 +25,8 @@ import mobileAppImage from './images/iOSAndroid.png'; import googlePlayButtonImage from './images/google-play-badge.png'; import appleAppMarketButtonImage from './images/download_on_the_app_store_badge_us-uk_rgb_blk_092917.png'; -const docLocation = - 'https://docs.google.com/forms/d/e/1FAIpQLSc3y97mc5fHPAczhzvGTd8SDqlCRsJan6LipmCop84waky3vg/viewform'; +// const docLocation = +// 'https://docs.google.com/forms/d/e/1FAIpQLSc3y97mc5fHPAczhzvGTd8SDqlCRsJan6LipmCop84waky3vg/viewform'; const appleDownloadUrl = 'https://itunes.apple.com/us/app/musicoin/id1447230096?ls=1&mt=8'; const googleDownloadUrl = @@ -76,6 +76,23 @@ export const Home = () => (
+ { + // temporary error message + } +

+ If you are having trouble logging in or playing music, don’t get + frustrated, Our relaunch is just around the corner. Musicoin is + about to come back as a community-driven project, louder than ever!{' '} + + Read more. + +

@@ -87,15 +104,15 @@ export const Home = () => ( Music For All

- 95% of internet users don't have access to music online, unless - they subscribe to an expensive and closed streaming service. With - the power of $MUSIC blockchain, they can now stream independent - music for free, from a constantly growing catalog of labels and - artists. There's no ads, it is free, easy to share, and artists - get paid instantly. + 95% of internet users don't have access to music online, + unless they subscribe to an expensive and closed streaming + service. With the power of $MUSIC blockchain, they can now stream + independent music for free, from a constantly growing catalog of + labels and artists. There's no ads, it is free, easy to + share, and artists get paid instantly. {/*With the power of our blockchain platform, you can stream more than 60,000 tracks, from more than 5000 independent artists. - There's no ads, it's free, and artists get paid instantly.*/} + There's no ads, it's free, and artists get paid instantly.*/}

Try for yourself & discover new music now!

{/*test*/} @@ -106,7 +123,7 @@ export const Home = () => ( customSize={18} customMargin="0px 0px 16px 0px" > - + ( alt="" /> + + + diff --git a/src/Resources/Faq/index.js b/src/Resources/Faq/index.js index 7887476..f6f9a6e 100644 --- a/src/Resources/Faq/index.js +++ b/src/Resources/Faq/index.js @@ -84,6 +84,15 @@ export const Faq = () => ( .

+ +

+ The second coin swap will take place after the migration to the Skale network,{" "} + + Join the second swap group + {" "} + for updates +

+

Your first step is to download the go-musicoin client and then follow{' '} diff --git a/src/Team/Member/index.js b/src/Team/Member/index.js index 4136092..e6b335b 100644 --- a/src/Team/Member/index.js +++ b/src/Team/Member/index.js @@ -1,5 +1,5 @@ import React from 'react'; -import { string } from 'prop-types'; +import PropTypes from 'prop-types'; import { MemberBox, MemberImage, @@ -12,7 +12,7 @@ import { linkedinSquare } from 'react-icons-kit/fa/linkedinSquare'; import { twitterSquare } from 'react-icons-kit/fa/twitterSquare'; import { LogoIcon } from '@/shared/icons'; -export const Member = ({ children, ...props }) => { +export const Member = ({ ...props }) => { return ( @@ -56,11 +56,22 @@ export const Member = ({ children, ...props }) => { }; Member.propTypes = { - name: string, - image: string, - role: string, - country: string, - linkedinProfile: string, - twitterProfile: string, - musicoinProfile: string, + match: PropTypes.node.isRequired, + name: PropTypes.string, + image: PropTypes.string, + role: PropTypes.string, + country: PropTypes.string, + linkedinProfile: PropTypes.string, + twitterProfile: PropTypes.string, + musicoinProfile: PropTypes.string, +}; + +Member.defaultProps = { + name: '', + image: '', + role: '', + country: '', + linkedinProfile: '', + twitterProfile: '', + musicoinProfile: '', }; diff --git a/src/Team/index.js b/src/Team/index.js index 6c38cb2..c1a08b6 100644 --- a/src/Team/index.js +++ b/src/Team/index.js @@ -8,6 +8,7 @@ import { Strip } from '@/shared/Strip'; import { GetStarted } from '@/shared/GetStarted'; import { BannerTitle } from '@/shared/Banner'; import { Box } from '@/shared/Box'; +import PropTypes from 'prop-types'; import isaacMaoImage from './images/isaac-mao.png'; import seanChenImage from './images/sean-chen.png'; @@ -16,7 +17,6 @@ import benGylesImage from './images/ben-gyles.png'; import riverYanImage from './images/river-yan.png'; import gibranSeptyaImage from './images/gibran-septya.png'; import ehsanHajianImage from './images/ehsan-hajian.png'; -import immyKhanImage from './images/immy-khan.png'; import { Member } from './Member/index'; import { MemberRow } from './styles'; @@ -48,20 +48,12 @@ export const Team = ({ match }) => ( linkedinProfile="http://linkedin.com/in/isaacmao" twitterProfile="https://twitter.com/isaac" /> - + @@ -119,3 +111,7 @@ export const Team = ({ match }) => ( ); + +Team.propTypes = { + match: PropTypes.node.isRequired, +}; diff --git a/src/Terms/Toc/Arp.js b/src/Terms/Toc/Arp.js new file mode 100644 index 0000000..bd3721b --- /dev/null +++ b/src/Terms/Toc/Arp.js @@ -0,0 +1,594 @@ +import React, { Fragment } from 'react'; +import { SecondaryHeading } from '@/shared/headings'; +import { MoreInfo } from '@/shared/MoreInfo'; + +const Arp = () => ( + + + Artist Content Policy + +

+ This USER GENERATED AND ARTIST CONTENT POLICY is effective as of + August 3, 2018 and applies to all Accounts and Content shared or streamed + using the Service as such terms are defined in the Terms of Service + Agreement (“Terms”). This policy is in force regarding all Content made + available using any Account as such terms are defined under the Terms. + +

+ MCF is in the business of promoting Content through the Service and all + corresponding web pages and websites associated with the Site pursuant + the terms and provisions of the current Agreement and which are each + incorporated herein. +

+ 1.1 Our Service is designed to promote non-exclusive Content. +

+ Any Artist, who has not signed an exclusive agreement with any record + label or any other third party concerning Content and who owns or is + authorized to control each track to be shared using the Service, and + wishes for the Service to promote the Artist's tracks is free to + apply to establish an Account. Upon receiving an Account reflecting + verified artist status, Content can be submitted to the Service and the + Artist can release or upload as much material as desired. The Artist + Content can be organized as albums, singles or collections. Each track + is capable of being accompanied by Content as defined in the Terms of + Service including photos, or graphic art images. +

+ + 1.2 Our Service is designed to provide the crypto currency Musicoin + (‘$MUSIC’) to Artists) as compensation in exchange for their exclusive + rights under copyright laws. + +

+ You acknowledge that in uploading Content to the Service that you + understand the nature of copyright to Content and control or have + permission to manage the rights to compensation relating to any + copyright protected works submitted using your Account. You agree to + seek the advice of a legal professional in the event that you have any + questions regarding the exclusive rights of copyright owners, + intellectual property rights generally, as well as whether you have the + right to distribute or submit any particular Content to the Service. +

+ + 1.3 Each Account Holder category is assigned a corresponding Account. + +

+ You acknowledge that in exchange for receiving an Account you agree not + to misuse or abuse the Service including manipulating or conspiring to + ‘game’ the Service. Artist Account Holders receive $MUSIC in exchange + for Content comprising tracks streamed User Account Holders receive + $MUSIC for certain interactions with the Service including their + comments, reviewing and ranking or placing a ‘star’ on Content. +

+ 1.4 Definitions +

+ The following terms are defined as follows: “Account Holder” means a + person who has established an Account on the Site, as both are defined + under the Terms, contributes Promoted Content and or streams tracks + using the Service including Artist Account Holders. “Artist Account + Holders” means Artists, as defined under the Terms, namely verified + creators with the ability to stream as well as upload tracks and other + related Artist Content to the Service. If Artist consists of multiple + persons, then all references to singular “Artist” are intended to refer + and apply to all such persons and each person comprising Artist as + defined under the Terms. "Eligible Stream" means the streaming + of a Track from a Promoted Channel. "Promoted Channel" means + an Internet platform that may or may not be controlled by the Service + such as the YouTube Musicoin channel, or other social media account + controlled by the Service as well as third party accounts on platforms + (e.g. Instagram or FaceBook) where links to Tracks or related Artist + Content may be offered or made available. "Artist Content" + means a track, song or songs, collection of songs, album or recording + (i.e. all forms of sound, music, rhythm and lyrics that Artist intends + to provide to MCF, including, without limitation, sound recordings, + compositions, musical recordings, vocal recordings and vocal solos) that + Artist uploads to be streamed and or promoted on the Site. Each upload + submission of a track by Artist shall be made available on-line and + accessed via a password-protected account set up at the Artist’s request + and will thereafter be incorporated into this Agreement. If there is + only one Track, then all references to the plural “Tracks” are intended + to refer solely to such song. "Pay Per Play License" means the + price in $MUSIC paid by the Service to Artist whenever a Track + attributed to an Artist upload is streamed on the Site including through + links made available on a Promoted Channel. “Promoted Content” means + Artist Content as well as any Account Holder content including + playlists, comments, reviews or star ratings. "Terms" means + the current Terms of Service Agreement posted on the Site. MCF reserves + the sole right at any time to modify the Terms of Service without + notice. All modified terms and/or conditions will be in effect after + they are posted on the Site (unless applicable law requires a longer + notice period). By continuing to use or access the Site and/or the + Service after MCF makes any such modification, Artist agrees to be + legally bound by the revised Terms of Service. "Rewards" means + the rewards program delivered by MCF to its Artists as set forth in this + Agreement. “Site” means www.musicoin.org. + + +

+ Artist represents and warrants to MCF all of the following, specifically + that: Artist has the full right and authority to enter into this + Agreement, the full right and or authority to enter into this Agreement + on behalf of, and to bind any and all parties with an economic interest + in and to Artist Content to the terms and conditions of this Agreement + as well as the full right and or authority to grant the rights and + licenses in Section 3. All Artist Content either contains new and + original performances exclusively owned and controlled by Artist or + Artist is empowered to authorize distribution, order and receive + payments in relation to the Artist Content, has secured all rights in + the Artist Content, has cleared all rights (including in the form of + waivers of all moral rights, neighboring rights or similar rights held + anywhere in the world from any contributor to Artist's Content) and + made arrangement for all payments due to any performing artist, + collecting society, producer or contributor to Artist's Content + necessary to grant the license rights hereunder and to permit the lawful + exercise of the rights hereunder, without Account Holders or MCF having + to pay any royalties, compulsory license fees, residuals or any other + payments besides $MUSICOIN as anticipated by our Agreement. The Artist + Content and the use thereof as described or contemplated in this + Agreement does not infringe the copyright, trademark, publicity rights, + common law rights, or any other right of any third party nor are they + otherwise illegal or constitute defamation, invasion of privacy, + pornography or any tort injury to any third party. There is no present + or prospective claim or litigation in respect of any of Artist Content. + Artist is at least 18 years old and has the right and authority to enter + into this Agreement on his/her behalf or, if Artist is between the ages + of 13 and 18, Artist has reviewed this Agreement with Artist's + parent or guardian and Artist's parent or guardian shall execute + and agree to this Agreement on Artist's behalf. If Artist is more + than one person, each of the persons comprising Artist shall sign this + Agreement and be a party hereto. Artist has read and understands the MCF + Privacy Policy and the Terms, each as made available on the Site, + expressly accepts the terms and conditions set forth in such Agreement, + and understands and agrees that these may be amended from time to time + at MCF’s sole discretion. +

+ + 2.1 Account Holders provide certain warranties to MCF regarding + Content submitted to the Service. + +

+ Any Promoted or Artist Content will not contain or comprise hacks to + enable misuse or abuse of the Service, contaminated files, viruses, + worms, Trojan horses or other similar harmful or destructive code or + program. Account Holder agrees to refrain from any activity that would + take unfair advantage of the Service to the benefit of any Artist and or + User Generated Content or result in unjust enrichment in relation to + $MUSIC. Account Holders understand, acknowledge and agree that MCF does + not guarantee exploitation or the success of Artist Content, which will + depend on consumer preference and that MCF cannot guarantee that Account + Holders will play (or perform) Artist’s music. +

+ + .2.2 Account Holders warrant that all information submitted to the + Service is correct, accurate and complete. + +

+ Account Holder hereby represents and warrants that the information each + provides to MCF upon establishment of an Account will be true, accurate, + current, and complete. Account Holder also hereby represents and + warrants that Account Holder will ensure that Account information, + including Account Holder e-mail address, is kept accurate and up to-date + at all times during the term of our Agreement. Upon receiving an + Account, Account Holders will have login information, including a + password. Accounts are personal to each user, and may not share Account + information with, or allow access to the Account by, any third party. + Artist agrees to notify MCF immediately of any breach in secrecy of + Artist's login information. Account Holders will be solely + responsible for the losses incurred by MCF and others (including other + users) due to any unauthorized use of an Account. +

+ 2.3 Disclosure of Artist Information +

+ Artist acknowledges, consents, and agrees that MCF may access, preserve, + and disclose Artist Account Holder information and Artist Content if + required to do so by law or in a good faith belief that such access, + preservation or disclosure is reasonably necessary to (i) comply with + legal process (ii) enforce our Agreement (iii) respond to a claim that + any of Artist's Content violates the rights of third parties or + (iv) to respond to Artist's requests for customer service. + + + Artist hereby grants MCF and Account Holders a non-exclusive right and + license throughout the world to freely and without restriction use and + exercise the following rights in whole or in part, for the purpose of + promoting Artist Content and/or MCF (and its products and services). +

+ 3.1 Artist Content License +

+ Artist grants MCF and Account Holders the right and license to use + submitted tracks including musical compositions embodied in Artist + Content as necessary to perform the same on the Site, make such tracks + available to Account Holders, including but not limited to the right to + distribute Artist Content for streaming on the Site via Promoted Content + and links displayed on Promoted Channels. Artist acknowledges and agrees + that in exchange for receiving $MUSIC Artist grants to MCF and its + Account Holders a waiver of other royalty payments, statutory or + otherwise that MCF or its Account Holders may or may not be obligated to + pay Artist in connection with the use of Artist Content, including but + not limited to if Artist currently is or becomes a member of a + performing rights licensing organization (such as BMI or ASCAP) and + Artist grants to MCF and Account holders the right to use, reproduce, + distribute, display, deliver and transmit, publicly and privately, by + any means now known or hereafter devised the musical compositions and + sound recordings embodied in any tracks comprising Artist Content. +

+ 3.2 Account Holder and User Generated Content License +

+ Account Holders grants to MCF and to other Account Holders a license and + right to use their name and likeness, biographical material, logos, + trademarks photographs, symbols, emblems, designs, and any other visual + representations of themselves, and any other individuals performing or + otherwise represented or whose performance is embodied in the Artist or + User Generated Content, as well as track and/or album name, and all + artwork related to Artist Content or audiovisual works. +

+ + 3.3 All rights and licenses not expressly granted to MCF under this + Agreement are reserved by Artist. + +

+ Ownership of the Content shall remain with Account Holders and Content + can be used in any way that Account Holder chooses, subject to any + limitations set forth under our Agreement. + + + Artist may upload and submit Artist Content comprising tracks, including + sound recordings containing musical compositions, at any time and will + have sole control over tracks which are submitted to the Site. + Notwithstanding anything to the contrary in our Agreement, MCF may + delete without notice any tracks or Artist Content for which it receives + a valid DMCA takedown notification or that in its sole discretion it + considers to be obscene, to condone or incite hate or violence. +

+ + 4.1 Tracks will be posted on the Site and made available to Account + Holders. + +

+ MCF shall have no duties or obligation whatsoever concerning the + marketing or promotion of any Content or Artist except as provided + herein. Content may or may not include solicitations for sale of the + same including links to third party platforms where tracks may be + purchased. +

+ + 4.2 The Service conducts polls to determine ‘Song and Artist of the + week and provides certain rewards for the song or artist voted for in + each category. + +

+ MCF will administer a payment of $MUSICOIN as a reward for each Song of + the Week in accordance with its internal policies regarding the same. + The Artist of the week will receive feature coverage on Promotional + Channels. +

+ 4.3 Artist may delete tracks from their Account at any time. +

+ Deletion of a track by MCF or the Artist becomes effective as to the + profile of that Artist immediately. Artist acknowledges that during the + term of our Agreement or until such time as their Account is terminated + as set forth in this Policy, each track will still be available on the + Service including Promoted Channels. Artist agrees that the Service and + Account Holder licenses remain in effect for any Artist Content they + delete which may remain available in other areas of the Service. + + +

+ 5.1 Independent Legal Representation +

+ IF ARTIST IS UNSURE ABOUT ANY OF THE TERMS AND CONDITIONS CONTAINED IN + OUR AGREEMENT INCLUDING THIS PPP LICENSE ARTIST IS ADVISED TO OBTAIN + INDEPENDENT LEGAL ADVICE. +

+ + 5.2 MCF agrees to pay Artist $MUSIC according to Pay Per Play (PPP) + license percentages submitted by Artists using the Site. + +

+ MCF provides a digital wallet address to Artist following verification + of the Artist identity. Artists receive $MUSIC per stream of each track + at the rate identified in the PPP license and according to the + percentages submitted to the Service. +

+ + 5.3 Artists acknowledge and agree that they are solely responsible for + submitting and accurately representing PPP percentages to the Service. + +

+ Artist acknowledges that they will accurately submit the PPP terms to + allow for compensation of rights to Artist Content including tracks and + agrees that Artist shall be responsible for any incurred costs of MCF + due to any failure to assign, report or submit percentages for payments + in accordance with our Agreement. Artist further acknowledges and agrees + that MCF may notify other interested parties if we receive information + that Artist is in default of payment obligations relating to Artist + Content and has not cured such payment default upon receiving + notification of the same. + + + Artist shall indemnify and defend MCF and hold MCF harmless from and + against any and all costs, liabilities, losses, damages and expenses + arising out of any claims, actions, demands, investigations, suits, or + proceedings of any kind from any third party claim relating to (i) an + alleged or actual breach of Artist's warranties and/or breach or + non-performance of Artist's duties under this Agreement, (ii) any + claim for royalties and/or infringement of copyright, trademark, patent + or other intellectual property rights by the Promoted Content or (iii) + any third party claims arising out of Artist's conduct or + representations under this Agreement. Further, in the event that a + third-party infringement claim is brought, MCF shall have no obligation + hereunder to defend or protect Artist's copyright interests. +

+ + 6.1 Agreements with Promoted Channels, Third Party Platforms, Services + and Content. + +

+ Account Holders acknowledge that in providing the Service, MCF may be + required to enter into certain agreements with various Promoted + Channels. The selection of which Content will be accessible via Promoted + Channels shall be determined according to policies and procedures put + into force by and under the exclusive control of MCF. Account Holders + agree that the terms and conditions of this Agreement and those of the + Terms of Service shall be subject to any applicable terms and conditions + of such other agreements that MCF enters into with respect to any such + Promoted Channels. The appearance, availability, or Artist's use of + (a) URLs or hyperlinks referenced or included anywhere in connection + with the Site and Service or any other form of link or re-direction of + Artist's connection to, with or through the MCF Service, or (b) any + third party websites, content, data, information, applications, + platforms, goods, services or materials, including the Promoted Channels + ((a) and (b) collectively, “Third Party Services”) does not constitute + an endorsement by, nor does it incur any obligation, responsibility or + liability on the part of MCF. +

+ + 6.2 MCF does not verify, endorse, or have any responsibility for Third + Party Services or any third-party business practices. + +

+ MCF encourages Account Holders to read the terms and conditions and + privacy policy of any third-party music sharing platform or Service + Artist uses. ARTIST ACKNOWLEDGES AND AGREES THAT MCF IS NOT A RETAILER + OF EITHER ARTIST OR PROMOTED CONTENT AND IS NOT ACTING AS A RETAILER IN + CONNECTION WITH THE MCF SERVICE OR OTHERWISE. ACCOUNT HOLDER + ACKNOWLEDGES AND AGREES THAT MCF IS NOT A PARTY TO AND HAS NO LIABILITY + OR RESPONSIBILITY TO ARTIST, OR A PROMOTED CHANNEL, WITH RESPECT TO ANY + PURCHASE OR STREAMING OF A TRACK OR CONTENT LINKED ON A PROMOTED CHANNEL + OTHER THAN THE EXPLICIT RESPONSIBILITIES DEFINED IN THE AGREEMENT + INCLUDING THE TERMS OF SERVICE. +

+ 6.3 Limitations on Liability +

+ MCF MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY + DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A + PARTICULAR PURPOSE. THE SITE AND THE MCF SERVICE, AND ALL CONTENT, + PRODUCTS AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION + THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCF + MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO (I) THE ACCURACY OR + EFFECTIVENESS OF THE SITE OR THE MCF SERVICE, INCLUDING CONTENT + CONTAINED THEREIN, NOR ANY ERRORS OR PROBLEMS OF ANY KIND THAT MAY ARISE + FROM THE SITE, (II) THE SITE OR MCF SERVICE WILL BE TIMELY OR + ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE + SITE AND MCF SERVICE WILL BE ACCURATE OR RELIABLE. TO THE FULLEST EXTENT + PERMISSIBLE BY LAW, MCF SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, + DAMAGES, COSTS, OR EXPENSES OF ANY KIND RESULTING FROM THE USE OR + PROMOTION OF A TRACK BY MCF OR USE BY ANY CONSUMER OR END-USER OF A + TRACK. THIS INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES + EXPERIENCED BY ARTIST OR ANY THIRD PERSONS AS A RESULT OF ANY + DEFICIENCY, DEFECT, ERROR, OR MALFUNCTION WITH THE SITE. MCF SHALL ALSO + NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF + BUSINESS, LOSS OF REVENUE, LOSS OF COPYRIGHT, INDIRECT, SPECIAL, + INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF OR IN + ANY WAY CONNECTED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING BUT + NOT LIMITED TO ARTIST'S USE OF THE SITE OR MCF SERVICE, ANY DELAY + OR INABILITY TO USE THE SITE, OR ANY INFORMATION PRODUCTS AND SERVICES + OBTAINED THROUGH THE SITE) NO MATTER WHETHER THE DAMAGES ARE FORESEEABLE + AND WHETHER OR NOT MCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH + DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST + EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT + WILL MCF’S AGGREGATE LIABILITY TO ARTIST EXCEED ONE THOUSAND ($MUSICOIN + 1000). + + + In the event that all tracks are deleted by Artist, Artist may choose to + either maintain their account for purposes of receiving $MUSIC for + tracks still made in available in other areas of the Service, such as + through Promoted Content or on Promoted Channels. Account Holders may + terminate their Account for any reason by submitting a request for + termination seven (7) days prior written notice to MCF to the email + address support@musicoin.org. + Termination of an Account also terminates access to the digital wallet + address corresponding to that Account. Account Holder acknowledges that + as of the termination date, namely within seven (7) days after receipt + of the request for termination, the digital wallet as well as any $MUSIC + associated with that wallet address will no longer be accessible. If + Artist requests deletion of their Account then any Artist Content shall + be considered to have been requested to be deleted as of applicable + termination date and will be removed from all searchable areas of the + Service within a reasonable period of time not to exceed ninety days. +

+ + 7.1 MCF may terminate an Account immediately in the instance of breach + of policies or any provision of our Agreement including misuse and or + abuse of the Service or an Account. + +

+ MCF strictly prohibits any activity that results or will result in + exploiting the Service or its supporting systems for profit. You agree + that in the event you are suspected by MCF to be in violation of this + provision that you forfeit access to your Account, your Account will be + locked and may be terminated upon a determination of misuse following + internal investigation by an MCF review committee in its sole + discretion. + + + Artist acknowledges and agrees that, in the course of negotiating and + transacting business with MCF, Artist may become aware of certain + otherwise confidential information related to MCF’s business and + business practices. Except to the extent that such information is + otherwise generally available to third parties or is required to be + divulged by operation of law, Artist agrees to keep such information + confidential. Artist hereby expressly agrees that MCF shall have the + right to provide information relative to the sales of the Tracks + hereunder to third parties, to aggregate such information in charts and + other comparative informational materials, and to disseminate the same + in any manner. If any Service Content or related information is + inadvertently provided to Artist, Artist agrees to keep such information + confidential and destroy it upon realization or receipt of notice by + MCF. MCF may publish content streaming history data as part of bona-fide + promotional and other business activities. MCF may retain on a + confidential basis one copy of any correspondence, information or data + provided by Artist to MCF in order to comply with legal or regulatory + requirements and/or internal document retention policies as well as any + and all: (i) e-mails and any attachments contained in such e-mails and + (ii) any electronic files, each of which are automatically saved. All of + the foregoing rights and responsibilities shall survive the termination + of the Agreement. + + + Artist hereby acknowledges that in the event that Artist consists of + multiple persons, such as listed in the PPP (Pay per Play) license, then + each person is notified of the use by the authorized Account Holder and + each shall be individually responsible for the performance of all + obligations of Artist under this Agreement, jointly with every other + person and individually. + + + Artist may not assign the Agreement (by operation of law or otherwise) + without the prior written consent of MCF and any prohibited assignment + will be null and void. MCF may assign any rights or obligations under + our Agreement without Artist’s consent. The relationship of the parties + under the Agreement is that of independent contractors and the Agreement + shall not be construed to imply that either party is the agent, + employee, or joint venture of the other. Artist agrees that the + Agreement and the rules, restrictions and policies contained therein, + and MCF's enforcement thereof, are not intended to confer and do + not confer any rights or remedies upon any person other than Artist and + MCF. + + + This Agreement may not be changed orally, but only by a writing signed + by both parties which specifically referencing the Agreement. +

+ + 11.1 To the extent that there is any conflict between the Terms of + Service and this policy, the Terms of Service Agreement shall prevail. + +

+ Any provision which must survive in order to allow MCF or Artist to + enforce its meaning shall survive however, no action arising out of this + Agreement or Artist's use of the MCF Service, regardless of form or + the basis of the claim, may be brought by Artist more than one year + after the cause of action has arisen (or if multiple causes, from the + date the first such cause arose). The headings herein are for + convenience only and are not intended by the parties to affect the + meaning or interpretation of this Agreement. +

+ + 11.2 All notices permitted or required under this Agreement must be in + writing. + +

+ Notices other than for technical support which are being sent to MCF + relating to this Artist policy or our agreement must be addressed to MCF + at + support@musicoin.org + cc: legal@musicoin.org. + + + By agreeing to the Terms, you also agree to arbitrate any and all claims + against MCF pursuant to the Federal Arbitration Act and subject to the + terms below (the "Agreement to Arbitrate"). You and MCF agree + that this Section satisfies the "writing" requirement of the + Federal Arbitration Act and further agree that the Federal Arbitration + Act governs the interpretation and enforcement of this Agreement to + Arbitrate. +

+ + 12.1 If a dispute arises between you and MCF regarding a claim, you + and we agree to alternative dispute resolution.{' '} + +

+ Our goal is to provide you with a neutral and cost-effective means of + resolving the dispute quickly. If any controversy, allegation or claim + arises out of or relates to the Service, the Website(s), the Content, + your Artist Content, this Agreement, your decision to enter into this + Agreement, any Additional Terms or any other aspect of your relationship + with MCF (collectively, "Dispute"), then you and we agree to + send a written notice to the other providing a reasonable description of + the Dispute, along with a proposed resolution of it. Our notice to you + will be sent to you based on the most recent contact information + (including email address) that you provide us. You are obligated to + ensure that such contact information is current and accurate. Your + notice to us must be sent to: legal@musicoin.org Attention: General + Counsel. IN THE EVENT THAT WE CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) + DAYS OF RECEIPT OF SUCH NOTICE, THEN EITHER YOU OR WE MAY ELECT TO + SUBMIT THE DISPUTE TO FORMAL ARBITRATION AS HEREINAFTER DESCRIBED. WITH + ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION + PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN + CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION + OUTCOME IS LIMITED. All parties to the arbitration will have the right, + at their own expense, to be represented by an attorney or other advocate + of their choosing. An arbitration hearing will be conducted, at your + election, either by telephone (or other mutually agreeable remote + technology). Should either you or MCF elect to resolve the Dispute by + way of binding arbitration, the arbitration shall proceed in accordance + with the then-current Commercial Arbitration Rules of the American + Arbitration Association ("AAA"). If the Dispute has a claimed + value of not more than $1,000,000, then the arbitration will be heard + and determined by a single, neutral arbitrator who is a retired judge or + a lawyer with not less than ten (10) years' experience as a + practicing member of the bar in the substantive practice area related to + the Dispute, who will administer the proceedings in accordance with the + AAA's Supplementary Procedures for Consumer Related Disputes. If + the Dispute has a claimed value of more than $1,000,000, then the + arbitration will be heard and determined by a three (3) member panel, + with one member to be selected by each party and the third (who will + chair the panel) selected by the two (2) party-appointed members or by + the AAA in accordance with the Commercial Arbitration Rules. The + arbitrator or arbitration panel, as the case may be, will apply + applicable law and the provisions of this Agreement and any Additional + Terms, will determine any Dispute according to applicable law and facts + based upon the record and no other basis, and will issue a reasoned + award. If a party properly submits the Dispute to the AAA for formal + arbitration and the AAA is unwilling or unable to set a hearing date + within sixty (60) days of the filing of a "demand for + arbitration," then either party can elect to have the arbitration + administered by the Judicial Arbitration and Mediation Services Inc. + ("JAMS") using JAMS' streamlined Arbitration Rules and + Procedures, or by any other arbitration administration service that you + and a legal officer of MCF consent to in writing, except, as noted + above, that in no event shall the arbitration proceed as a class or + representative action. The substantive practice area requirements for + the arbitrator and the $10,000,000 threshold for the number of + arbitrators assigned to the Dispute set forth in the paragraph above + will also apply to any such arbitration under JAMS or other arbitration + service. AAA and JAMS procedures, rules, and fee information can be + reviewed here: AAA: AAA + JAMS: JAMS + The arbitrator's decision must consist of a written statement + stating the disposition of each claim of the Dispute, and must provide a + statement of the essential findings and conclusions on which the + decision and award (if any) may be entered in or by any court that has + jurisdiction over the parties pursuant to Section 9 of the Federal + Arbitration Act. The arbitrator must honor the terms of this Agreement + and can award the prevailing party damages and other relief (including + attorneys' fees) consistent with applicable law. +

+ 12.2 Exceptions to Arbitration Requirement +

+ Notwithstanding the provisions of this Section, either party may seek + judicial relief from any court of competent jurisdiction (a) to enforce + an arbitral award issued hereunder, (b) to compel arbitration required + hereunder or (c) to obtain temporary injunctive relief to prevent + imminent and irreparable harm or to preserve the status quo until an + arbitrator can be empaneled and determine whether to continue, terminate + or modify any such relief. In the event of a request for temporary + injunctive relief, the requirement for 60 days' dialogue before an + arbitration can be initiated shall not apply. + +

+ +); + +export default Arp; diff --git a/src/Terms/Toc/Copyright.js b/src/Terms/Toc/Copyright.js new file mode 100644 index 0000000..2c02555 --- /dev/null +++ b/src/Terms/Toc/Copyright.js @@ -0,0 +1,192 @@ +import React, { Fragment } from 'react'; +import { SecondaryHeading } from '@/shared/headings'; + +const Copyright = () => ( + + + Intellectual Property Infringement Notification Policy + +

+

+ Intellectual Property Infringement Notification Policy{' '} + Effective date: July 31, 2018 +

+ Reporting Copyright Infringement +

+ Musicoin Foundation (“MCF”) will respond to notices of alleged + infringement that comply with the DMCA and other applicable laws. The + following notice requirements are intended to comply with MCF rights and + obligations under the DMCA and, in particular, section 512(c), and do not + constitute legal advice. Before serving either a Notice of Infringing + Material or Counter-Notification, you may wish to contact a lawyer to + better understand your rights and obligations under the DMCA and other + applicable laws. As part of our response, we may remove or disable access + to material on our site that is claimed to be infringing, in which case we + will make a good-faith attempt to contact the person who submitted the + affected material so that they may make a counter notification, also in + accordance with the DMCA. +

+ Submit Notice of Infringing Material +

+ To submit a notice of infringing material on our site, please provide a + notification containing the following details: +

    +
  1. + {' '} + Information that will enable us to identify the work claimed to be + infringed or, if multiple works are claimed to be infringed, a + representative list of such works (for example: title, author, any + registration or tracking number, URL) +
  2. +
  3. + {' '} + Information that will enable us to identify and locate the material + that is claimed to be infringing (for example a link to the page that + contains the material) +
  4. +
  5. + {' '} + Your contact information (for example, your address, telephone number, + email address) +
  6. +
  7. + {' '} + A statement that you have a good faith belief that the use of the + material identified in (2) is not authorized by the copyright owner, + its agent, or the law +
  8. +
  9. + {' '} + A statement, under penalty of perjury, that the information in the + notification is accurate and that you are authorized to act on behalf + of the owner of the exclusive right that is alleged to be infringed. +
  10. +
  11. Your physical or electronic signature.
  12. +
+ Send this notice by email to: +

+ dmca@musicoin.org +

+ Attention: DMCA Agent +

+ VIPO Inc., 145 Lincoln Road Brooklyn, NY 11225 +

+ "Submitting Counter Notification" +

+ If material that you have posted to a site controlled or operated by us + has been taken down, you may file a counter-notification that contains the + following details: +

    +
  1. + Identification of the material that has been removed or to which + access has been disabled and the location at which the material + appeared before it was removed or disabled +
  2. +
  3. + A statement, under penalty of perjury, that you have a good faith + belief that the material was removed or disabled as a result of + mistake or misidentification of the material in question +
  4. +
  5. Your name, address and telephone number
  6. +
  7. + A statement that you consent to the jurisdiction of the Federal + District Court for judicial district in which your address is located + or, if your address is outside of the USA, for any judicial district + in which Creative Commons may be found and that you will accept + service of process from the person who submitted a notice in + compliance with the section (c)(1)(C) of the DMCA, as generally + described above +
  8. +
  9. Your physical or electronic signature.
  10. +
+ Send this notice by email to: +

+ dmca@musicoin.org +

+ Attention: DMCA Agent +

+ VIPO Inc., 145 Lincoln Road Brooklyn, NY 11225 +

+ Please be aware that under 17 U.S.C. § 512(f), you may be liable for any + damages, including costs and attorneys' fees incurred by us or our + users, if you knowingly, materially misrepresent that material or activity + was removed or disabled by mistake or misidentification. Notwithstanding + anything to the contrary contained in any portion of this Policy, the + Terms of Service, or any other terms applicable to your use of the + Service, we reserve the right to take no action upon receipt of any DMCA + Counter-Notification. If MCF receives a DMCA Counter-Notification that + complies with the terms of 17 U.S.C. § 512(g), then we may forward it to + the person who filed the original DMCA Notice. In that event, if we do not + receive notice from that person within 10 business days that they are + seeking a court order to prevent further infringement of the material at + issue, we may, in our sole discretion, replace or cease disabling access + to the material that was removed. Without limiting our other rights, MCF + will, in appropriate circumstances, terminate a repeat infringer's + access to the Service and any other property owned or operated by MCF. +

+ Alleging Infringement of Other Intellectual Property +

+ If you own intellectual property other than copyrights and believe that + your intellectual property has been infringed by an improper posting or + distribution of it, then you may send us a written notice that includes + all of the following: +

    +
  1. + {' '} + A subject line that says: "Intellectual Property Infringement + Notice" +
  2. +
  3. + {' '} + Your complete information, including your full name, mailing address, + telephone number, and email address +
  4. +
  5. + {' '} + A description of the intellectual property that you claim has been + infringed and a copy of the corresponding USPTO registration +
  6. +
  7. + {' '} + Information reasonably sufficient to permit us to locate the specific + allegedly infringing material on our site, including the URL where the + content appears, or other means of identifying the allegedly + infringing content with particularity +
  8. +
  9. + {' '} + A statement that you have a good faith belief that use of the material + in the manner asserted is not authorized by the owner of the + intellectual property, its agent, or the law +
  10. +
  11. + {' '} + A statement under penalty of perjury, that all the information in your + notice is accurate, and that you are the owner of the intellectual + property at issue (or, if you are not the owner, then your statement + must indicate that you are authorized to act on the behalf of the + owner of the intellectual property) and, +
  12. +
  13. + {' '} + Your physical or electronic signature (typing your full name will + serve as your electronic signature). +
  14. +
+ Send this notice by email to:{' '} + legal@musicoin.org +

+ MCF may elect not to respond to intellectual property infringement + notifications that do not substantially comply with all of the foregoing + requirements, and we may elect to remove allegedly infringing material + that comes to its attention via notices that do not substantially comply + with such requirements. Please note that these notifications are + real-world legal notices. MCF may provide copies of such notices to the + participants in the dispute or third parties, at our discretion and/or as + required by law. The MCF Privacy Policy does not protect information + provided in these notices. +

+
+); + +export default Copyright; diff --git a/src/Terms/Toc/Tos.js b/src/Terms/Toc/Tos.js new file mode 100644 index 0000000..9317458 --- /dev/null +++ b/src/Terms/Toc/Tos.js @@ -0,0 +1,668 @@ +import React, { Fragment } from 'react'; +import { SecondaryHeading } from '@/shared/headings'; +import { MoreInfo } from '@/shared/MoreInfo'; + +const Tos = () => ( + + + TOS + +

+ This Agreement (the "Agreement" or the "Terms"){' '} + is effective as of: August 03, 2018 and describes the terms on + which Musicoin Foundation ("MCF") offers you access to an + Account and services. By using our Service (defined below), you agree to + and accept these Terms, including important dispute resolution procedures + and all policies and terms referenced herein, all of which are + incorporated into this Agreement. The following related policies are + incorporated by reference in and made part of this Agreement. In the event + of a conflict between this Agreement and any policies, this Agreement + controls unless expressly provided otherwise. Privacy Policy Infringement + Notification Policy User Generated and Artist Content Policy + +

+ 1.1 Definitions +

+ "Account" means your rights and obligations under this + Agreement as they are associated with a particular Account Name and + digital wallet address. "Account Name" means a name and + graphical representation to identify yourself in connection with your + Account. “Artist” means a person who has registered with the Service as + a musician, band, content creator or content related rights holding + individual or organization. "Content" means any works of + authorship, creative works, graphics, images, and photos that an Artist + or user of the Service has uploaded, published, or submitted to or + through the MCF Website. "Intellectual Property Rights" means + copyrights, trademarks, trade dress, publicity rights, and other + intellectual property rights or proprietary rights which are recognized + by law. "Device" means a personal computer, smart phone or + internet-enabled machine used for accessing the service or storing + Service software and tools. "Service Content" is the Content + provided in connection with the Service, including, but not limited to + the crypto currency MUSICOIN (‘$MUSIC’), accompanying digital wallets, + and other Content created by MCF or licensed from third parties subject + to the license set forth herein. "Service" means all features, + applications, content and downloads offered by MCF, including its + Websites, Service Content, and Content as those terms are defined + herein. "Software" is the software provided to you by MCF in + connection with the Service, including but not limited to the software + supporting its features whether facilitating audio track plays and + reciprocal payments, or text and chat based communication. + "Websites" are the websites and services available from the + domain and subdomains of MCF and any related entity or successor domains + from which MCF may offer the Service or its features. +

+ + 1.2 The Service is subject to change and exists only as long as, and + in the form that is provided. + +

+ MCF has the right to change, limit access to, and/or eliminate any + aspect(s), feature(s) or functionality of the Service (including your + Content) as it sees fit at any time without notice, and makes no + commitment, express or implied, to maintain or continue, or to permit + open access to, any aspect of the Service. You acknowledge that your use + of the Service is subject to this risk and that you knowingly assume it + and make your decisions to participate in the Service, contribute + Content and spend your money accordingly. MCF may, but will not have the + obligation to, display, maintain, or otherwise make use of, any of your + Content. MCF reserves the right to treat Content on the Service as + content stored at the direction of users for which MCF will not exercise + control except to block or remove content that comes to our attention + and is offensive, obscene, abusive, illegal or otherwise objectionable + to us, or to enforce the rights of third parties or the content + restrictions set forth herein, when notice of such violation comes to + our attention. Content submitted by you or others need not be maintained + on the Service by us for any period of time and if removed you will not + have the right to access, archive, maintain, or otherwise use such + Content on the Service. +

+ + 1.3 You represent that any Content you submit to the Service does not + violate legal rights of others. + +

+ MCF offers users of the Service the opportunity to submit, upload, + display, publish, distribute, transmit, broadcast, and otherwise make + available Content through the Service. We may do this through forums, + broadcast channels or outlets, blogs, social networking environments, + e-mail and other functionality. Subject to the rights and license you + grant in this Agreement, you retain whatever legally cognizable right, + title and interest that you have in your Content. Each time you submit + any Content, you represent and warrant that you have all proper consents + (a) from the parent or legal guardian, of any minor who is depicted in + or contributed to any Content you submit (b) that, as to any Content you + submit that you are the sole author and owner of the intellectual + property and other rights to the Content, or you have a lawful right to + submit the Content and grant the rights to it that you are granting by + this Agreement, including policies comprising part of this Agreement, + all without any obligation by MCF to obtain consent of any third party + and without creating any obligation or liability of MCF (c) the Content + is accurate (d) the Content does not and, as to permitted uses and + exploitation set forth in this Agreement, will not infringe any + intellectual property or other right of any third party and (e) the + Content will not violate this Agreement or any of its accompanying + policies, or cause injury or harm to any person. +

+ 1.4 Content is not confidential. +

+ Except as otherwise described in our Privacy Policy or any additional + policies we provide to you, you agree that (i) your Content will be + treated as non-confidential and non-proprietary and will not be + returned, and (ii) MCF does not assume any obligation of any kind to you + or any third party with respect to your Content. Upon request, you will + furnish us with any documentation necessary to substantiate these rights + and verify your compliance with this Agreement or any Additional Terms. +

+ + 1.5 The Service is subject to service interruptions and loss of server + data, for which you will not hold us liable. + +

+ MCF may occasionally need to interrupt the Service and this may occur + with or without prior notice. You agree that MCF will not be liable for + any interruption of the Service (whether intentional or not), and + likewise, you agree that in the event of data loss, we will not be + liable for any purported damage or harm arising therefrom. MCF owns the + bits and bytes of electronic data stored on its Servers, and accordingly + will not be liable for any deletion, corruption or data loss that occurs + in connection with the Service. MCF will solely determine any + disposition of the electronic data stored on its Servers and will have + no obligation to reproduce, process, transfer, extract or recreate any + data from its Servers. + + +

+ + 2.1 MCF owns Intellectual Property Rights in the Service and the + MUSICOIN Mark. + +

+ MCF owns Intellectual Property Rights in and to the Service, including + but not limited to the Content, Software, and the Websites related + thereto, and in and to our trademarks, trade names, logos, domain names, + taglines and trade dress (collectively, the "Marks"). You + acknowledge and agree that MCF and its licensors own all right, title, + and interest in and to the Service, including all Intellectual Property + Rights therein, except with respect to Content. You understand and agree + that without a written agreement with MCF, you are not authorized to + make any use of the Marks, including but not limited to + "MUSICOIN," or "MC". Use of the Marks in whole or in + part is subject to the guidelines and terms of applicable license + agreements. Except as expressly granted in this Agreement, all rights, + title and interest in and to the Service, and in and to the Marks are + reserved by MCF. International as well as intellectual property laws of + the United States and foreign countries protect the Service and the + Marks. + + +

+ + 3.1 MCF grants you licenses to access and use the Service while you + are in compliance with the Terms. + +

+ MCF hereby grants you a non-exclusive, non-transferable, + non-sublicenseable, limited, personal, revocable license to access and + use the Service on an Device as set forth in these Terms and expressly + conditioned upon you and each of your Accounts remaining active, in good + standing, and in compliance with these Terms. MCF hereby grants you a + nonexclusive, non-transferable, non-sublicensable, limited, personal and + revocable license to use and access the Websites on any Device that you + own or control. You may not charge any third party for using the + Websites, Software, and you may not modify, adapt, reverse engineer + (except as otherwise permitted by applicable law notwithstanding such + limitation), decompile or attempt to discover the source code of the + Software, or create any derivative works of the Software, or otherwise + use the Software except as expressly provided in this Agreement. MCF + provides access to Content and hereby grants you a non-exclusive, + non-transferable, non-sublicensable, limited, personal, revocable + license to use, display, and perform the Content solely as permitted + through the normal functionality of the Service and under these Terms, + except that photographs, and images may be used only as may be set forth + hereunder. This is referred to as a "Content License." You + acknowledge that when you receive a Content License it is limited to the + description above an that you do not acquire ownership of any copies, or + transfer of any copyright or other intellectual property rights in the + Content. +

+ + 3.2 You acknowledge that you are granting MCF licenses to use your + Content. + +

+ You keep all Intellectual Property Rights you hold under applicable laws + relating to any Content you upload, publish, and submit to or through + the Websites subject to the rights, licenses, and other terms of this + Agreement, including any underlying rights of other users or MCF. In + connection with Content you upload to the Service, you affirmatively + represent and warrant that you own or have all necessary Intellectual + Property Rights, licenses and permission to use and authorize MCF and + users of the Service to use the Content as contemplated by the nature of + the Service and these Terms. If you are uncertain regarding the nature + of your rights in the Content you should consult a lawyer to receive + advice regarding your legal rights in your specific situation. This is + important because the law may or may not recognize certain Intellectual + Property Rights in particular Content. You acknowledge and agree that + MCF cannot know the nature of your Intellectual Property Rights and that + you are responsible for knowing, protecting, and enforcing any + Intellectual Property Rights you hold. You hereby grant to MCF, and you + agree to grant to MCF, the non-exclusive, unrestricted, unconditional, + unlimited, worldwide, irrevocable, perpetual, and cost-free right and + license to use, copy, distribute, reproduce, display, publicly perform, + transmit, publish, broadcast, all or any portion of your Content (and + derivative works thereof), for any purpose whatsoever in all formats, on + or through any media, software, formula, or medium now known or + hereafter developed, and with any technology or devices now known or + hereafter developed, and to advertise, market, and promote the same. You + agree that this license includes the right to copy, analyze and use any + of your Content as may be necessary for debugging, testing, or providing + support or development services in connection with the Service and + future improvements to the Service. This is referred to as the " + MCF Content License." +

+ + 3.3. You acknowledge that you are granting Content licenses to other + users by submitting your Content to publicly accessible areas of the + Service. + +

+ You agree that by uploading, publishing, or submitting Content to + publicly accessible areas of the Service, you grant other users a + non-exclusive license to access the Content through the Service, and to + use, reproduce, distribute, and perform the Content on the Service as + permitted by you under these Terms. This license is referred to as the + "User License," and the Content being licensed is artist and + user generated content, defined in the User Generated and Artist Content + Policy as “Promoted Content”. "Publicly accessible" areas of + the Service are those areas that are accessible to other users. If you + do not wish to grant users of the Service a User License, you agree that + it is your obligation to avoid displaying or making available your + Content to other users. You acknowledge that when you receive a User + License you receive only use rights you do not acquire ownership of any + copies of the Content, or transfer copyright or other Intellectual + Property Rights relating to the Content. +

+ + 3.4 You may choose to delete copies of your Content from the Service, + and the licenses to your Content will terminate with certain + limitations. + +

+ Where permitted, you may remove copies or instances of your Content that + you have displayed or that are in your Account, such as by deleting + files associated with your Account profile as applicable. In such event, + the licenses granted by you in this Section shall terminate in the + manner provided below, but only for those particular copies that you + have deleted from the Service. You acknowledge that this termination + will not apply to any other copies or instances of the same Content that + you have not specifically deleted from the Service, including without + limitation those that may be displayed elsewhere through the Service and + those that may be in the Account profiles of other users to whom you + transferred copies. You acknowledge and agree however that by deleting + your Content from your Account profile you will continue to receive + payments from users for the use of that Content. These payments for use + of your Content will continue until your Account is terminated. You also + acknowledge that the MCF Content License granted to MCF with respect to + your Content will survive any such termination to permit MCF to enable + the exercise of the licenses granted in this Section for any other + copies or instances of the same Content that you have not specifically + deleted from the Service, including those that may be available + elsewhere through the Service or exist in other users' Account + profiles including playlists. +

+ + 3.5 You understand and agree to respect the Intellectual Property + Rights of MCF, other users and third parties. + +

+ You agree that you will not upload to the Websites any Content that is + protected by Intellectual Property Rights or including privacy rights, + unless you are the owner of such rights or have permission from the + rightful owner to upload, publish, or submit the Content and to grant + MCF and users of the Service all of the license rights granted in these + Terms. You are responsible and liable for your use, reproduction, + distribution, modification, display, or performance of Content in + violation of Intellectual Property Rights. You agree that MCF will have + no liability for, and agree to defend, indemnify, and hold MCF harmless + for, any and all claims, losses or damages arising out of or in + connection with your uploading, use, reproduction, distribution, + modification, display, or performance of Content. + + +

+ + 4.1 You must establish an account to use certain aspects of the + Service, using true and accurate registration information. + +

+ Except for any portions of the Websites which MCF allows users to access + without registration, you must establish an Account with MCF to use the + Service. You agree to provide accurate, current and complete information + about yourself as prompted by the registration form ("Registration + Data") and to use the account management tools provided to keep + your Registration Data accurate, current and complete. Our practices + governing any resulting collection and use of your personal information + are disclosed in our Privacy Policy. You may not sell, transfer or + assign your Account or its contractual rights, licenses and obligations, + to any third party (including, for the avoidance of doubt, permitting + another individual to access your Account) without notice being given to + and the prior written consent of MCF. MCF reserves the right to control + the number of Accounts that you may establish and maintain. +

+ 4.2 Eligibility for Use of the Service. +

+ You may not use the Service (i) if any Account of yours has been + terminated or (ii) at any time if you are deemed a repeat infringer by + the service or (iii) if you are a person barred from receiving the + Service under applicable law. +

+ + 4.3 You agree to use a non-misleading, non-offensive and + non-infringing Account Name. + +

+ You must choose an Account Name for your Account as well as your + graphical representation (your "Profile"). You may not select + as your Account Name or graphical representation any name that MCF + determines may cause deception or confusion may violate any trademark + right, copyright, or other proprietary right or mislead other users + regarding your identity or affiliation or any name that MCF determines + in its sole discretion to be vulgar, offensive, or otherwise + inappropriate. MCF reserves the right to delete or change any Account + Name violating this section, and will have no liability regarding use or + deletion of any Account Name. You are solely responsible for all + activities conducted through your Account whether or not you authorize + the activity (except to the extent that activities occur because someone + gains access to our system without using your identifiers and password). + In the event that fraud, illegality or other conduct that violates this + Agreement is discovered or reported (whether by you or someone else) + that is connected with your Account, we may terminate your Account (or + Accounts). You acknowledge that it is your responsibility to ensure the + confidentiality of your password, restricting access to your Account, + and maintaining the security of your Device. You are solely responsible + for any harm resulting from your disclosure, or authorization of the + disclosure, of your password or from any person's use of your + password to gain access to your Account or Account Name. You agree to + immediately notify us of any unauthorized use of your Account, password + or username, or any other breach of security related to the Service. If + you lose access to your Account for any reason, MCF may, but is not + required to, attempt to restore access to your Account by verifying your + Registration Data. In the event that you are unable to provide the + Registration Data, MCF reserves the right to suspend or terminate your + Account(s). We will not be liable for any loss or damage (of any kind + and under any legal theory) to you or any third party arising from your + inability or failure for any reason to comply with any of the foregoing + obligations. + + +

+ 5.1 You or we may terminate your Account(s) at any time. +

+ You may terminate this Agreement by closing your Account(s) at any time + for any reason. MCF may suspend or terminate your Account at any time + for any reason. In such event, MCF shall have no further obligation or + liability to you under this Agreement or otherwise, and you shall be + entitled to no compensation or other payment, remedy, recourse or + refund. +

+ + 5.2 We may terminate your Accounts for violation of this Agreement. + +

+ MCF may suspend or terminate your Account(s) if you violate this + Agreement. Upon termination of your Account(s), this Agreement between + us will be automatically terminated and you may not re-subscribe or + return to the Service through other or future Accounts you or others may + set up. MCF strictly prohibits any activity that results or will result + in exploiting the Service or its supporting systems for profit. You + agree that in the event you are suspected by MCF to be in violation of + this provision that you forfeit access to your Account, your Account + will be locked and may be terminated upon a determination of misuse + following internal investigation by an MCF review committee in its sole + discretion. +

+ + 5.3 We may terminate your Account(s) to protect the best interests of + the Service and the community. + +

+ We may terminate your Account if, in our discretion, that action is + necessary or advisable to comply with legal requirements or to protect + the rights or interests of MCF, the Service community or any third + party. +

+ + 5.4 We may terminate your Accounts upon a general suspension or + discontinuation of the Service. + +

+ If MCF elects to generally suspend or discontinue the Service, in whole + or in part, for any reason, MCF may terminate your Account(s). You agree + that you will not be entitled to compensation for such suspension or + termination, and you acknowledge that MCF will have no liability to you + in connection with such suspension or termination. +

+ + 5.5 Upon Account termination, you will lose access to your Account and + all licenses, Content, and data, and you understand this is a risk of + participating in the Service. + +

+ In the event that we terminate your Account, you will no longer be able + to access your Account or access (or transfer or direct the transfer to + any other Account) any Content or data you have stored on the Servers. + You acknowledge that you have only stored Content on the Servers to + which you are willing to lose access and assume the risk of the + possibility of termination of your Account as provided in this + Agreement. +

+ + 5.6 Certain terms in this Agreement will survive after termination. + +

+ The provisions of this Agreement which by their nature should survive + your suspension or termination will survive, including the rights and + licenses you grant to MCF in this Agreement, as well as to the + indemnities, releases, disclaimers, limitations on liability and + mandatory arbitration. + + +

+ We operate an intellectual property complaint procedure for complaints + that Content infringes another's Intellectual Property Rights, the + details of which are described in the Infringement Notification Policy. + + +

+ Your privacy is important to us. Our Privacy Policy sets forth the + conditions under which you provide personal and other information to us. + You understand and agree that through your use of the Service you + consent to the collection and use of your information in accordance with + our Privacy Policy. We encourage you to review our Privacy Policy, which + describes our use and disclosure of information we collect on the + Websites and the Service. If you object to your information being used + or disclosed as described therein, please do not use the Service. + + +

+ 8.1 MCF is NOT liable for its users' actions. +

+ You agree to not hold MCF liable for the Content, actions, or inactions + of users. As a condition of access to the Service, you release MCF, its + officers, directors, shareholders, agents, subsidiaries and employees + from all claims, demands, losses, liabilities and damages of every kind + and nature, actual and consequential, known and unknown, arising out of + or in any way connected with any dispute you have any user(s), including + whether or not MCF becomes involved in any resolution or attempted + resolution of the dispute. +

+ + 8.2 MCF provides the Service on an "as is" basis, without + express or implied warranties, and all Content, has no guarantee or + warranty of any compensable value. + +

+ MCF PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE + WEBSITES, THE SERVERS, THE CONTENT AND YOUR ACCOUNT, STRICTLY ON AN + "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES + OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR + STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, + NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO + VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH + RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS + YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, MCF AND + YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE + TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON MCF SERVERS. MCF does + not ensure continuous, error-free, secure or virus-free operation of the + Service, the Software, the Websites, or your Account, and you understand + that you shall not be entitled to refunds or other compensation based on + MCFs failure to provide any of the foregoing other than as explicitly + provided in this Agreement. +

+ + 8.3 MCFs liability to you is expressly limited, to the extent + allowable under applicable law. + +

+ IN NO EVENT SHALL MCF OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, + SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE RESPONSIBLE OR LIABLE + TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, + INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, + CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR + DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA OR LOST + PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR + OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS + MODIFICATION OR TERMINATION), THE SOFTWARE, THE WEBSITES, YOUR ACCOUNT + (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR + NOT MCF MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR + AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. +

+ + 8.4 You agree to indemnify MCF from claims relating to your use of the + Service. + +

+ At our request, you agree to defend, indemnify and hold harmless MCF, + its officers, directors, shareholders, employees, subsidiaries, and + agents from all damages, liabilities, claims and expenses, including + without limitation attorneys' fees and costs, arising from: (i) + your Content (ii) your acts, omissions, or use of the Service, including + without limitation your negligent, willful or illegal conduct (iii) your + breach or alleged breach by you of this Agreement, including without + limitation your representations and warranties relating to your Content + (iv) your violation or anticipatory violation of any applicable law, + rule or order in connection with your use of or activities in the + Service (v) information or material transmitted through your Device that + infringes or misappropriates any Intellectual Property Right (vi) any + misrepresentation made by you and or (vii) MCF's use of the + information that you submit to us. + + +

+ By agreeing to these Terms of Service, you also agree to arbitrate any + and all claims against MCF pursuant to the Federal Arbitration Act and + subject to the terms below (the "Agreement to Arbitrate"). You + and MCF agree that this Section satisfies the "writing" + requirement of the Federal Arbitration Act and further agree that the + Federal Arbitration Act governs the interpretation and enforcement of + this Agreement to Arbitrate. +

+ + 9.1 If a dispute arises between you and MCF regarding a claim, you and + we agree to alternative dispute resolution. + +

+ Our goal is to provide you with a neutral and cost-effective means of + resolving the dispute quickly. If any controversy, allegation or claim + arises out of or relates to the Service, the Website(s), the Content, + your Content, this Agreement, your decision to enter into this + Agreement, any Additional Terms or any other aspect of your relationship + with MCF (collectively, "Dispute"), then you and we agree to + send a written notice to the other providing a reasonable description of + the Dispute, along with a proposed resolution of it. Our notice to you + will be sent to you based on the most recent contact information + (including email address) that you provide us. You are obligated to + ensure that such contact information is current and accurate. Your + notice to us must be sent to: legal@musicoin.org Attention: General + Counsel. IN THE EVENT THAT WE CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) + DAYS OF RECEIPT OF SUCH NOTICE, THEN EITHER YOU OR WE MAY ELECT TO + SUBMIT THE DISPUTE TO FORMAL ARBITRATION AS HEREINAFTER DESCRIBED. WITH + ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION + PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN + CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION + OUTCOME IS LIMITED. All parties to the arbitration will have the right, + at their own expense, to be represented by an attorney or other advocate + of their choosing. An arbitration hearing will be conducted, at your + election, either by telephone (or other mutually agreeable remote + technology). Should either you or MCF elect to resolve the Dispute by + way of binding arbitration, the arbitration shall proceed in accordance + with the then-current Commercial Arbitration Rules of the American + Arbitration Association ("AAA"). If the Dispute has a claimed + value of not more than $1,000,000, then the arbitration will be heard + and determined by a single, neutral arbitrator who is a retired judge or + a lawyer with not less than ten (10) years' experience as a + practicing member of the bar in the substantive practice area related to + the Dispute, who will administer the proceedings in accordance with the + AAA's Supplementary Procedures for Consumer Related Disputes. If + the Dispute has a claimed value of more than $1,000,000, then the + arbitration will be heard and determined by a three (3) member panel, + with one member to be selected by each party and the third (who will + chair the panel) selected by the two (2) party-appointed members or by + the AAA in accordance with the Commercial Arbitration Rules. The + arbitrator or arbitration panel, as the case may be, will apply + applicable law and the provisions of this Agreement and any Additional + Terms, will determine any Dispute according to applicable law and facts + based upon the record and no other basis, and will issue a reasoned + award. If a party properly submits the Dispute to the AAA for formal + arbitration and the AAA is unwilling or unable to set a hearing date + within sixty (60) days of the filing of a "demand for + arbitration," then either party can elect to have the arbitration + administered by the Judicial Arbitration and Mediation Services Inc. + ("JAMS") using JAMS' streamlined Arbitration Rules and + Procedures, or by any other arbitration administration service that you + and a legal officer of MCF consent to in writing, except, as noted + above, that in no event shall the arbitration proceed as a class or + representative action. The substantive practice area requirements for + the arbitrator and the $10,000,000 threshold for the number of + arbitrators assigned to the Dispute set forth in the paragraph above + will also apply to any such arbitration under JAMS or other arbitration + service. AAA and JAMS procedures, rules, and fee information can be + reviewed here: AAA: AAA + JAMS: JAMS + The arbitrator's decision must consist of a written statement + stating the disposition of each claim of the Dispute, and must provide a + statement of the essential findings and conclusions on which the + decision and award (if any) may be entered in or by any court that has + jurisdiction over the parties pursuant to Section 9 of the Federal + Arbitration Act. The arbitrator must honor the terms of this Agreement + and can award the prevailing party damages and other relief (including + attorneys' fees) consistent with applicable law. +

+ 9.2 Exceptions to Arbitration Requirement. +

+ Notwithstanding the provisions of this Section, either party may seek + judicial relief from any court of competent jurisdiction (a) to enforce + an arbitral award issued hereunder, (b) to compel arbitration required + hereunder or (c) to obtain temporary injunctive relief to prevent + imminent and irreparable harm or to preserve the status quo until an + arbitrator can be empaneled and determine whether to continue, terminate + or modify any such relief. In the event of a request for temporary + injunctive relief, the requirement for 60 days' dialogue before an + arbitration can be initiated shall not apply. + + +

+ + 10.1 You may not assign this Agreement or your Account we may assign + this Agreement. + +

+ You may not assign this Agreement or your Account without the prior + written consent of MCF. You may not transfer or sublicense any licenses + granted by MCF in this Agreement without the prior, written consent of + MCF. MCF may assign this Agreement, in whole or in part, and all related + rights, licenses, benefits and obligations, without restriction, + including the right to sublicense any rights and licenses under this + Agreement. +

+ + 10.2 We agree to provide each other with notices in a specified + manner. + +

+ MCF may give notice to and obtain consent from you by one or more of the + following means: through the Service or Website, by electronic mail to + your e-mail address in our records, or by written mail communication to + the address on record for your Account. When you communicate with us + electronically, such as via e-mail and text message, you consent to + receive communications from us electronically. All notices given by you + or required under this Agreement shall be emailed to{' '} + legal@musicoin.org Attn: General + Counsel. +

+ + 10.3 You acknowledge this Agreement and the referenced Policies are + the entire understanding between us. + +

+ This Agreement, including the policies referenced in this Agreement, + sets forth the entire understanding and agreement between you and MCF. + MCF reserves the right to modify this Agreement and any policies, at any + time without prior notice ("Updated Terms"). You agree that we + may notify you of the Updated Terms by posting them on the Service, and + that your use of the Service after we post the Updated Terms (or + engaging in other such conduct as we may reasonably specify) constitutes + your agreement to the Updated Terms. The Updated Terms will be effective + as of the time that MCF posts them or such later date as may be + specified in them. Except for such Updated Terms, this Agreement may not + be modified. You agree that no other written, oral or electronic + communications will serve to modify or supplement this Agreement and + that and you will not make any claims in reliance on communications + which are not part of this Agreement. + +

+
+); + +export default Tos; diff --git a/src/Terms/Toc/index.js b/src/Terms/Toc/index.js index 511da19..fd205a4 100644 --- a/src/Terms/Toc/index.js +++ b/src/Terms/Toc/index.js @@ -1,9 +1,9 @@ import React, { Fragment } from 'react'; -import { SecondaryHeading, TertiaryHeading } from '@/shared/headings'; +import { SecondaryHeading } from '@/shared/headings'; import { MoreInfo } from '@/shared/MoreInfo'; import { Section } from './styles'; -export const Toc = () => ( +const Toc = () => (
@@ -286,1428 +286,4 @@ Effective Date: May 25, 2018 ); -export const Tos = () => ( - - - TOS - -

- This Agreement (the "Agreement" or the "Terms"){' '} - is effective as of: August 03, 2018 and describes the terms on - which Musicoin Foundation ("MCF") offers you access to an Account and - services. By using our Service (defined below), you agree to and accept - these Terms, including important dispute resolution procedures and all - policies and terms referenced herein, all of which are incorporated into - this Agreement. The following related policies are incorporated by - reference in and made part of this Agreement. In the event of a conflict - between this Agreement and any policies, this Agreement controls unless - expressly provided otherwise. Privacy Policy Infringement Notification - Policy User Generated and Artist Content Policy - -

- 1.1 Definitions -

- "Account" means your rights and obligations under this Agreement as they - are associated with a particular Account Name and digital wallet - address. "Account Name" means a name and graphical representation to - identify yourself in connection with your Account. “Artist” means a - person who has registered with the Service as a musician, band, content - creator or content related rights holding individual or organization. - "Content" means any works of authorship, creative works, graphics, - images, and photos that an Artist or user of the Service has uploaded, - published, or submitted to or through the MCF Website. "Intellectual - Property Rights" means copyrights, trademarks, trade dress, publicity - rights, and other intellectual property rights or proprietary rights - which are recognized by law. "Device" means a personal computer, smart - phone or internet-enabled machine used for accessing the service or - storing Service software and tools. "Service Content" is the Content - provided in connection with the Service, including, but not limited to - the crypto currency MUSICOIN (‘$MUSIC’), accompanying digital wallets, - and other Content created by MCF or licensed from third parties subject - to the license set forth herein. "Service" means all features, - applications, content and downloads offered by MCF, including its - Websites, Service Content, and Content as those terms are defined - herein. "Software" is the software provided to you by MCF in connection - with the Service, including but not limited to the software supporting - its features whether facilitating audio track plays and reciprocal - payments, or text and chat based communication. "Websites" are the - websites and services available from the domain and subdomains of MCF - and any related entity or successor domains from which MCF may offer the - Service or its features. -

- - 1.2 The Service is subject to change and exists only as long as, and - in the form that is provided. - -

- MCF has the right to change, limit access to, and/or eliminate any - aspect(s), feature(s) or functionality of the Service (including your - Content) as it sees fit at any time without notice, and makes no - commitment, express or implied, to maintain or continue, or to permit - open access to, any aspect of the Service. You acknowledge that your use - of the Service is subject to this risk and that you knowingly assume it - and make your decisions to participate in the Service, contribute - Content and spend your money accordingly. MCF may, but will not have the - obligation to, display, maintain, or otherwise make use of, any of your - Content. MCF reserves the right to treat Content on the Service as - content stored at the direction of users for which MCF will not exercise - control except to block or remove content that comes to our attention - and is offensive, obscene, abusive, illegal or otherwise objectionable - to us, or to enforce the rights of third parties or the content - restrictions set forth herein, when notice of such violation comes to - our attention. Content submitted by you or others need not be maintained - on the Service by us for any period of time and if removed you will not - have the right to access, archive, maintain, or otherwise use such - Content on the Service. -

- - 1.3 You represent that any Content you submit to the Service does not - violate legal rights of others. - -

- MCF offers users of the Service the opportunity to submit, upload, - display, publish, distribute, transmit, broadcast, and otherwise make - available Content through the Service. We may do this through forums, - broadcast channels or outlets, blogs, social networking environments, - e-mail and other functionality. Subject to the rights and license you - grant in this Agreement, you retain whatever legally cognizable right, - title and interest that you have in your Content. Each time you submit - any Content, you represent and warrant that you have all proper consents - (a) from the parent or legal guardian, of any minor who is depicted in - or contributed to any Content you submit (b) that, as to any Content you - submit that you are the sole author and owner of the intellectual - property and other rights to the Content, or you have a lawful right to - submit the Content and grant the rights to it that you are granting by - this Agreement, including policies comprising part of this Agreement, - all without any obligation by MCF to obtain consent of any third party - and without creating any obligation or liability of MCF (c) the Content - is accurate (d) the Content does not and, as to permitted uses and - exploitation set forth in this Agreement, will not infringe any - intellectual property or other right of any third party and (e) the - Content will not violate this Agreement or any of its accompanying - policies, or cause injury or harm to any person. -

- 1.4 Content is not confidential. -

- Except as otherwise described in our Privacy Policy or any additional - policies we provide to you, you agree that (i) your Content will be - treated as non-confidential and non-proprietary and will not be - returned, and (ii) MCF does not assume any obligation of any kind to you - or any third party with respect to your Content. Upon request, you will - furnish us with any documentation necessary to substantiate these rights - and verify your compliance with this Agreement or any Additional Terms. -

- - 1.5 The Service is subject to service interruptions and loss of server - data, for which you will not hold us liable. - -

- MCF may occasionally need to interrupt the Service and this may occur - with or without prior notice. You agree that MCF will not be liable for - any interruption of the Service (whether intentional or not), and - likewise, you agree that in the event of data loss, we will not be - liable for any purported damage or harm arising therefrom. MCF owns the - bits and bytes of electronic data stored on its Servers, and accordingly - will not be liable for any deletion, corruption or data loss that occurs - in connection with the Service. MCF will solely determine any - disposition of the electronic data stored on its Servers and will have - no obligation to reproduce, process, transfer, extract or recreate any - data from its Servers. - - -

- - 2.1 MCF owns Intellectual Property Rights in the Service and the - MUSICOIN Mark. - -

- MCF owns Intellectual Property Rights in and to the Service, including - but not limited to the Content, Software, and the Websites related - thereto, and in and to our trademarks, trade names, logos, domain names, - taglines and trade dress (collectively, the "Marks"). You acknowledge - and agree that MCF and its licensors own all right, title, and interest - in and to the Service, including all Intellectual Property Rights - therein, except with respect to Content. You understand and agree that - without a written agreement with MCF, you are not authorized to make any - use of the Marks, including but not limited to "MUSICOIN," or "MC". Use - of the Marks in whole or in part is subject to the guidelines and terms - of applicable license agreements. Except as expressly granted in this - Agreement, all rights, title and interest in and to the Service, and in - and to the Marks are reserved by MCF. International as well as - intellectual property laws of the United States and foreign countries - protect the Service and the Marks. - - -

- - 3.1 MCF grants you licenses to access and use the Service while you - are in compliance with the Terms. - -

- MCF hereby grants you a non-exclusive, non-transferable, - non-sublicenseable, limited, personal, revocable license to access and - use the Service on an Device as set forth in these Terms and expressly - conditioned upon you and each of your Accounts remaining active, in good - standing, and in compliance with these Terms. MCF hereby grants you a - nonexclusive, non-transferable, non-sublicensable, limited, personal and - revocable license to use and access the Websites on any Device that you - own or control. You may not charge any third party for using the - Websites, Software, and you may not modify, adapt, reverse engineer - (except as otherwise permitted by applicable law notwithstanding such - limitation), decompile or attempt to discover the source code of the - Software, or create any derivative works of the Software, or otherwise - use the Software except as expressly provided in this Agreement. MCF - provides access to Content and hereby grants you a non-exclusive, - non-transferable, non-sublicensable, limited, personal, revocable - license to use, display, and perform the Content solely as permitted - through the normal functionality of the Service and under these Terms, - except that photographs, and images may be used only as may be set forth - hereunder. This is referred to as a "Content License." You acknowledge - that when you receive a Content License it is limited to the description - above an that you do not acquire ownership of any copies, or transfer of - any copyright or other intellectual property rights in the Content. -

- - 3.2 You acknowledge that you are granting MCF licenses to use your - Content. - -

- You keep all Intellectual Property Rights you hold under applicable laws - relating to any Content you upload, publish, and submit to or through - the Websites subject to the rights, licenses, and other terms of this - Agreement, including any underlying rights of other users or MCF. In - connection with Content you upload to the Service, you affirmatively - represent and warrant that you own or have all necessary Intellectual - Property Rights, licenses and permission to use and authorize MCF and - users of the Service to use the Content as contemplated by the nature of - the Service and these Terms. If you are uncertain regarding the nature - of your rights in the Content you should consult a lawyer to receive - advice regarding your legal rights in your specific situation. This is - important because the law may or may not recognize certain Intellectual - Property Rights in particular Content. You acknowledge and agree that - MCF cannot know the nature of your Intellectual Property Rights and that - you are responsible for knowing, protecting, and enforcing any - Intellectual Property Rights you hold. You hereby grant to MCF, and you - agree to grant to MCF, the non-exclusive, unrestricted, unconditional, - unlimited, worldwide, irrevocable, perpetual, and cost-free right and - license to use, copy, distribute, reproduce, display, publicly perform, - transmit, publish, broadcast, all or any portion of your Content (and - derivative works thereof), for any purpose whatsoever in all formats, on - or through any media, software, formula, or medium now known or - hereafter developed, and with any technology or devices now known or - hereafter developed, and to advertise, market, and promote the same. You - agree that this license includes the right to copy, analyze and use any - of your Content as may be necessary for debugging, testing, or providing - support or development services in connection with the Service and - future improvements to the Service. This is referred to as the " MCF - Content License." -

- - 3.3. You acknowledge that you are granting Content licenses to other - users by submitting your Content to publicly accessible areas of the - Service. - -

- You agree that by uploading, publishing, or submitting Content to - publicly accessible areas of the Service, you grant other users a - non-exclusive license to access the Content through the Service, and to - use, reproduce, distribute, and perform the Content on the Service as - permitted by you under these Terms. This license is referred to as the - "User License," and the Content being licensed is artist and user - generated content, defined in the User Generated and Artist Content - Policy as “Promoted Content”. "Publicly accessible" areas of the Service - are those areas that are accessible to other users. If you do not wish - to grant users of the Service a User License, you agree that it is your - obligation to avoid displaying or making available your Content to other - users. You acknowledge that when you receive a User License you receive - only use rights you do not acquire ownership of any copies of the - Content, or transfer copyright or other Intellectual Property Rights - relating to the Content. -

- - 3.4 You may choose to delete copies of your Content from the Service, - and the licenses to your Content will terminate with certain - limitations. - -

- Where permitted, you may remove copies or instances of your Content that - you have displayed or that are in your Account, such as by deleting - files associated with your Account profile as applicable. In such event, - the licenses granted by you in this Section shall terminate in the - manner provided below, but only for those particular copies that you - have deleted from the Service. You acknowledge that this termination - will not apply to any other copies or instances of the same Content that - you have not specifically deleted from the Service, including without - limitation those that may be displayed elsewhere through the Service and - those that may be in the Account profiles of other users to whom you - transferred copies. You acknowledge and agree however that by deleting - your Content from your Account profile you will continue to receive - payments from users for the use of that Content. These payments for use - of your Content will continue until your Account is terminated. You also - acknowledge that the MCF Content License granted to MCF with respect to - your Content will survive any such termination to permit MCF to enable - the exercise of the licenses granted in this Section for any other - copies or instances of the same Content that you have not specifically - deleted from the Service, including those that may be available - elsewhere through the Service or exist in other users' Account profiles - including playlists. -

- - 3.5 You understand and agree to respect the Intellectual Property - Rights of MCF, other users and third parties. - -

- You agree that you will not upload to the Websites any Content that is - protected by Intellectual Property Rights or including privacy rights, - unless you are the owner of such rights or have permission from the - rightful owner to upload, publish, or submit the Content and to grant - MCF and users of the Service all of the license rights granted in these - Terms. You are responsible and liable for your use, reproduction, - distribution, modification, display, or performance of Content in - violation of Intellectual Property Rights. You agree that MCF will have - no liability for, and agree to defend, indemnify, and hold MCF harmless - for, any and all claims, losses or damages arising out of or in - connection with your uploading, use, reproduction, distribution, - modification, display, or performance of Content. - - -

- - 4.1 You must establish an account to use certain aspects of the - Service, using true and accurate registration information. - -

- Except for any portions of the Websites which MCF allows users to access - without registration, you must establish an Account with MCF to use the - Service. You agree to provide accurate, current and complete information - about yourself as prompted by the registration form ("Registration - Data") and to use the account management tools provided to keep your - Registration Data accurate, current and complete. Our practices - governing any resulting collection and use of your personal information - are disclosed in our Privacy Policy. You may not sell, transfer or - assign your Account or its contractual rights, licenses and obligations, - to any third party (including, for the avoidance of doubt, permitting - another individual to access your Account) without notice being given to - and the prior written consent of MCF. MCF reserves the right to control - the number of Accounts that you may establish and maintain. -

- 4.2 Eligibility for Use of the Service. -

- You may not use the Service (i) if any Account of yours has been - terminated or (ii) at any time if you are deemed a repeat infringer by - the service or (iii) if you are a person barred from receiving the - Service under applicable law. -

- - 4.3 You agree to use a non-misleading, non-offensive and - non-infringing Account Name. - -

- You must choose an Account Name for your Account as well as your - graphical representation (your "Profile"). You may not select as your - Account Name or graphical representation any name that MCF determines - may cause deception or confusion may violate any trademark right, - copyright, or other proprietary right or mislead other users regarding - your identity or affiliation or any name that MCF determines in its sole - discretion to be vulgar, offensive, or otherwise inappropriate. MCF - reserves the right to delete or change any Account Name violating this - section, and will have no liability regarding use or deletion of any - Account Name. You are solely responsible for all activities conducted - through your Account whether or not you authorize the activity (except - to the extent that activities occur because someone gains access to our - system without using your identifiers and password). In the event that - fraud, illegality or other conduct that violates this Agreement is - discovered or reported (whether by you or someone else) that is - connected with your Account, we may terminate your Account (or - Accounts). You acknowledge that it is your responsibility to ensure the - confidentiality of your password, restricting access to your Account, - and maintaining the security of your Device. You are solely responsible - for any harm resulting from your disclosure, or authorization of the - disclosure, of your password or from any person's use of your password - to gain access to your Account or Account Name. You agree to immediately - notify us of any unauthorized use of your Account, password or username, - or any other breach of security related to the Service. If you lose - access to your Account for any reason, MCF may, but is not required to, - attempt to restore access to your Account by verifying your Registration - Data. In the event that you are unable to provide the Registration Data, - MCF reserves the right to suspend or terminate your Account(s). We will - not be liable for any loss or damage (of any kind and under any legal - theory) to you or any third party arising from your inability or failure - for any reason to comply with any of the foregoing obligations. - - -

- 5.1 You or we may terminate your Account(s) at any time. -

- You may terminate this Agreement by closing your Account(s) at any time - for any reason. MCF may suspend or terminate your Account at any time - for any reason. In such event, MCF shall have no further obligation or - liability to you under this Agreement or otherwise, and you shall be - entitled to no compensation or other payment, remedy, recourse or - refund. -

- - 5.2 We may terminate your Accounts for violation of this Agreement. - -

- MCF may suspend or terminate your Account(s) if you violate this - Agreement. Upon termination of your Account(s), this Agreement between - us will be automatically terminated and you may not re-subscribe or - return to the Service through other or future Accounts you or others may - set up. MCF strictly prohibits any activity that results or will result - in exploiting the Service or its supporting systems for profit. You - agree that in the event you are suspected by MCF to be in violation of - this provision that you forfeit access to your Account, your Account - will be locked and may be terminated upon a determination of misuse - following internal investigation by an MCF review committee in its sole - discretion. -

- - 5.3 We may terminate your Account(s) to protect the best interests of - the Service and the community. - -

- We may terminate your Account if, in our discretion, that action is - necessary or advisable to comply with legal requirements or to protect - the rights or interests of MCF, the Service community or any third - party. -

- - 5.4 We may terminate your Accounts upon a general suspension or - discontinuation of the Service. - -

- If MCF elects to generally suspend or discontinue the Service, in whole - or in part, for any reason, MCF may terminate your Account(s). You agree - that you will not be entitled to compensation for such suspension or - termination, and you acknowledge that MCF will have no liability to you - in connection with such suspension or termination. -

- - 5.5 Upon Account termination, you will lose access to your Account and - all licenses, Content, and data, and you understand this is a risk of - participating in the Service. - -

- In the event that we terminate your Account, you will no longer be able - to access your Account or access (or transfer or direct the transfer to - any other Account) any Content or data you have stored on the Servers. - You acknowledge that you have only stored Content on the Servers to - which you are willing to lose access and assume the risk of the - possibility of termination of your Account as provided in this - Agreement. -

- - 5.6 Certain terms in this Agreement will survive after termination. - -

- The provisions of this Agreement which by their nature should survive - your suspension or termination will survive, including the rights and - licenses you grant to MCF in this Agreement, as well as to the - indemnities, releases, disclaimers, limitations on liability and - mandatory arbitration. - - -

- We operate an intellectual property complaint procedure for complaints - that Content infringes another's Intellectual Property Rights, the - details of which are described in the Infringement Notification Policy. - - -

- Your privacy is important to us. Our Privacy Policy sets forth the - conditions under which you provide personal and other information to us. - You understand and agree that through your use of the Service you - consent to the collection and use of your information in accordance with - our Privacy Policy. We encourage you to review our Privacy Policy, which - describes our use and disclosure of information we collect on the - Websites and the Service. If you object to your information being used - or disclosed as described therein, please do not use the Service. - - -

- 8.1 MCF is NOT liable for its users' actions. -

- You agree to not hold MCF liable for the Content, actions, or inactions - of users. As a condition of access to the Service, you release MCF, its - officers, directors, shareholders, agents, subsidiaries and employees - from all claims, demands, losses, liabilities and damages of every kind - and nature, actual and consequential, known and unknown, arising out of - or in any way connected with any dispute you have any user(s), including - whether or not MCF becomes involved in any resolution or attempted - resolution of the dispute. -

- - 8.2 MCF provides the Service on an "as is" basis, without express or - implied warranties, and all Content, has no guarantee or warranty of - any compensable value. - -

- MCF PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE - WEBSITES, THE SERVERS, THE CONTENT AND YOUR ACCOUNT, STRICTLY ON AN "AS - IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS - OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING - WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, - MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER - EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY - CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE - IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, MCF AND YOU EXPRESSLY - DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA - RELATING TO YOUR ACCOUNT RESIDING ON MCF SERVERS. MCF does not ensure - continuous, error-free, secure or virus-free operation of the Service, - the Software, the Websites, or your Account, and you understand that you - shall not be entitled to refunds or other compensation based on MCFs - failure to provide any of the foregoing other than as explicitly - provided in this Agreement. -

- - 8.3 MCFs liability to you is expressly limited, to the extent - allowable under applicable law. - -

- IN NO EVENT SHALL MCF OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, - SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE RESPONSIBLE OR LIABLE - TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, - INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, - CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR - DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA OR LOST - PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR - OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS - MODIFICATION OR TERMINATION), THE SOFTWARE, THE WEBSITES, YOUR ACCOUNT - (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR - NOT MCF MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR - AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. -

- - 8.4 You agree to indemnify MCF from claims relating to your use of the - Service. - -

- At our request, you agree to defend, indemnify and hold harmless MCF, - its officers, directors, shareholders, employees, subsidiaries, and - agents from all damages, liabilities, claims and expenses, including - without limitation attorneys' fees and costs, arising from: (i) your - Content (ii) your acts, omissions, or use of the Service, including - without limitation your negligent, willful or illegal conduct (iii) your - breach or alleged breach by you of this Agreement, including without - limitation your representations and warranties relating to your Content - (iv) your violation or anticipatory violation of any applicable law, - rule or order in connection with your use of or activities in the - Service (v) information or material transmitted through your Device that - infringes or misappropriates any Intellectual Property Right (vi) any - misrepresentation made by you and or (vii) MCF's use of the information - that you submit to us. - - -

- By agreeing to these Terms of Service, you also agree to arbitrate any - and all claims against MCF pursuant to the Federal Arbitration Act and - subject to the terms below (the "Agreement to Arbitrate"). You and MCF - agree that this Section satisfies the "writing" requirement of the - Federal Arbitration Act and further agree that the Federal Arbitration - Act governs the interpretation and enforcement of this Agreement to - Arbitrate. -

- - 9.1 If a dispute arises between you and MCF regarding a claim, you and - we agree to alternative dispute resolution. - -

- Our goal is to provide you with a neutral and cost-effective means of - resolving the dispute quickly. If any controversy, allegation or claim - arises out of or relates to the Service, the Website(s), the Content, - your Content, this Agreement, your decision to enter into this - Agreement, any Additional Terms or any other aspect of your relationship - with MCF (collectively, "Dispute"), then you and we agree to send a - written notice to the other providing a reasonable description of the - Dispute, along with a proposed resolution of it. Our notice to you will - be sent to you based on the most recent contact information (including - email address) that you provide us. You are obligated to ensure that - such contact information is current and accurate. Your notice to us must - be sent to: legal@musicoin.org Attention: General Counsel. IN THE EVENT - THAT WE CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS OF RECEIPT OF - SUCH NOTICE, THEN EITHER YOU OR WE MAY ELECT TO SUBMIT THE DISPUTE TO - FORMAL ARBITRATION AS HEREINAFTER DESCRIBED. WITH ARBITRATION (A) THERE - IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION - OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL - REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the - arbitration will have the right, at their own expense, to be represented - by an attorney or other advocate of their choosing. An arbitration - hearing will be conducted, at your election, either by telephone (or - other mutually agreeable remote technology). Should either you or MCF - elect to resolve the Dispute by way of binding arbitration, the - arbitration shall proceed in accordance with the then-current Commercial - Arbitration Rules of the American Arbitration Association ("AAA"). If - the Dispute has a claimed value of not more than $1,000,000, then the - arbitration will be heard and determined by a single, neutral arbitrator - who is a retired judge or a lawyer with not less than ten (10) years' - experience as a practicing member of the bar in the substantive practice - area related to the Dispute, who will administer the proceedings in - accordance with the AAA's Supplementary Procedures for Consumer Related - Disputes. If the Dispute has a claimed value of more than $1,000,000, - then the arbitration will be heard and determined by a three (3) member - panel, with one member to be selected by each party and the third (who - will chair the panel) selected by the two (2) party-appointed members or - by the AAA in accordance with the Commercial Arbitration Rules. The - arbitrator or arbitration panel, as the case may be, will apply - applicable law and the provisions of this Agreement and any Additional - Terms, will determine any Dispute according to applicable law and facts - based upon the record and no other basis, and will issue a reasoned - award. If a party properly submits the Dispute to the AAA for formal - arbitration and the AAA is unwilling or unable to set a hearing date - within sixty (60) days of the filing of a "demand for arbitration," then - either party can elect to have the arbitration administered by the - Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' - streamlined Arbitration Rules and Procedures, or by any other - arbitration administration service that you and a legal officer of MCF - consent to in writing, except, as noted above, that in no event shall - the arbitration proceed as a class or representative action. The - substantive practice area requirements for the arbitrator and the - $10,000,000 threshold for the number of arbitrators assigned to the - Dispute set forth in the paragraph above will also apply to any such - arbitration under JAMS or other arbitration service. AAA and JAMS - procedures, rules, and fee information can be reviewed here: AAA:{' '} - AAA - JAMS: JAMS - The arbitrator's decision must consist of a written statement stating - the disposition of each claim of the Dispute, and must provide a - statement of the essential findings and conclusions on which the - decision and award (if any) may be entered in or by any court that has - jurisdiction over the parties pursuant to Section 9 of the Federal - Arbitration Act. The arbitrator must honor the terms of this Agreement - and can award the prevailing party damages and other relief (including - attorneys' fees) consistent with applicable law. -

- 9.2 Exceptions to Arbitration Requirement. -

- Notwithstanding the provisions of this Section, either party may seek - judicial relief from any court of competent jurisdiction (a) to enforce - an arbitral award issued hereunder, (b) to compel arbitration required - hereunder or (c) to obtain temporary injunctive relief to prevent - imminent and irreparable harm or to preserve the status quo until an - arbitrator can be empaneled and determine whether to continue, terminate - or modify any such relief. In the event of a request for temporary - injunctive relief, the requirement for 60 days' dialogue before an - arbitration can be initiated shall not apply. - - -

- - 10.1 You may not assign this Agreement or your Account we may assign - this Agreement. - -

- You may not assign this Agreement or your Account without the prior - written consent of MCF. You may not transfer or sublicense any licenses - granted by MCF in this Agreement without the prior, written consent of - MCF. MCF may assign this Agreement, in whole or in part, and all related - rights, licenses, benefits and obligations, without restriction, - including the right to sublicense any rights and licenses under this - Agreement. -

- - 10.2 We agree to provide each other with notices in a specified - manner. - -

- MCF may give notice to and obtain consent from you by one or more of the - following means: through the Service or Website, by electronic mail to - your e-mail address in our records, or by written mail communication to - the address on record for your Account. When you communicate with us - electronically, such as via e-mail and text message, you consent to - receive communications from us electronically. All notices given by you - or required under this Agreement shall be emailed to{' '} - legal@musicoin.org Attn: General - Counsel. -

- - 10.3 You acknowledge this Agreement and the referenced Policies are - the entire understanding between us. - -

- This Agreement, including the policies referenced in this Agreement, - sets forth the entire understanding and agreement between you and MCF. - MCF reserves the right to modify this Agreement and any policies, at any - time without prior notice ("Updated Terms"). You agree that we may - notify you of the Updated Terms by posting them on the Service, and that - your use of the Service after we post the Updated Terms (or engaging in - other such conduct as we may reasonably specify) constitutes your - agreement to the Updated Terms. The Updated Terms will be effective as - of the time that MCF posts them or such later date as may be specified - in them. Except for such Updated Terms, this Agreement may not be - modified. You agree that no other written, oral or electronic - communications will serve to modify or supplement this Agreement and - that and you will not make any claims in reliance on communications - which are not part of this Agreement. - -

-
-); - -export const Arp = () => ( - - - Artist Content Policy - -

- This USER GENERATED AND ARTIST CONTENT POLICY is effective as of - August 3, 2018 and applies to all Accounts and Content shared or streamed - using the Service as such terms are defined in the Terms of Service - Agreement (“Terms”). This policy is in force regarding all Content made - available using any Account as such terms are defined under the Terms. - -

- MCF is in the business of promoting Content through the Service and all - corresponding web pages and websites associated with the Site pursuant - the terms and provisions of the current Agreement and which are each - incorporated herein. -

- 1.1 Our Service is designed to promote non-exclusive Content. -

- Any Artist, who has not signed an exclusive agreement with any record - label or any other third party concerning Content and who owns or is - authorized to control each track to be shared using the Service, and - wishes for the Service to promote the Artist's tracks is free to apply - to establish an Account. Upon receiving an Account reflecting verified - artist status, Content can be submitted to the Service and the Artist - can release or upload as much material as desired. The Artist Content - can be organized as albums, singles or collections. Each track is - capable of being accompanied by Content as defined in the Terms of - Service including photos, or graphic art images. -

- - 1.2 Our Service is designed to provide the crypto currency Musicoin - (‘$MUSIC’) to Artists) as compensation in exchange for their exclusive - rights under copyright laws. - -

- You acknowledge that in uploading Content to the Service that you - understand the nature of copyright to Content and control or have - permission to manage the rights to compensation relating to any - copyright protected works submitted using your Account. You agree to - seek the advice of a legal professional in the event that you have any - questions regarding the exclusive rights of copyright owners, - intellectual property rights generally, as well as whether you have the - right to distribute or submit any particular Content to the Service. -

- - 1.3 Each Account Holder category is assigned a corresponding Account. - -

- You acknowledge that in exchange for receiving an Account you agree not - to misuse or abuse the Service including manipulating or conspiring to - ‘game’ the Service. Artist Account Holders receive $MUSIC in exchange - for Content comprising tracks streamed User Account Holders receive - $MUSIC for certain interactions with the Service including their - comments, reviewing and ranking or placing a ‘star’ on Content. -

- 1.4 Definitions -

- The following terms are defined as follows: “Account Holder” means a - person who has established an Account on the Site, as both are defined - under the Terms, contributes Promoted Content and or streams tracks - using the Service including Artist Account Holders. “Artist Account - Holders” means Artists, as defined under the Terms, namely verified - creators with the ability to stream as well as upload tracks and other - related Artist Content to the Service. If Artist consists of multiple - persons, then all references to singular “Artist” are intended to refer - and apply to all such persons and each person comprising Artist as - defined under the Terms. "Eligible Stream" means the streaming of a - Track from a Promoted Channel. "Promoted Channel" means an Internet - platform that may or may not be controlled by the Service such as the - YouTube Musicoin channel, or other social media account controlled by - the Service as well as third party accounts on platforms (e.g. Instagram - or FaceBook) where links to Tracks or related Artist Content may be - offered or made available. "Artist Content" means a track, song or - songs, collection of songs, album or recording (i.e. all forms of sound, - music, rhythm and lyrics that Artist intends to provide to MCF, - including, without limitation, sound recordings, compositions, musical - recordings, vocal recordings and vocal solos) that Artist uploads to be - streamed and or promoted on the Site. Each upload submission of a track - by Artist shall be made available on-line and accessed via a - password-protected account set up at the Artist’s request and will - thereafter be incorporated into this Agreement. If there is only one - Track, then all references to the plural “Tracks” are intended to refer - solely to such song. "Pay Per Play License" means the price in $MUSIC - paid by the Service to Artist whenever a Track attributed to an Artist - upload is streamed on the Site including through links made available on - a Promoted Channel. “Promoted Content” means Artist Content as well as - any Account Holder content including playlists, comments, reviews or - star ratings. "Terms" means the current Terms of Service Agreement - posted on the Site. MCF reserves the sole right at any time to modify - the Terms of Service without notice. All modified terms and/or - conditions will be in effect after they are posted on the Site (unless - applicable law requires a longer notice period). By continuing to use or - access the Site and/or the Service after MCF makes any such - modification, Artist agrees to be legally bound by the revised Terms of - Service. "Rewards" means the rewards program delivered by MCF to its - Artists as set forth in this Agreement. “Site” means www.musicoin.org. - - -

- Artist represents and warrants to MCF all of the following, specifically - that: Artist has the full right and authority to enter into this - Agreement, the full right and or authority to enter into this Agreement - on behalf of, and to bind any and all parties with an economic interest - in and to Artist Content to the terms and conditions of this Agreement - as well as the full right and or authority to grant the rights and - licenses in Section 3. All Artist Content either contains new and - original performances exclusively owned and controlled by Artist or - Artist is empowered to authorize distribution, order and receive - payments in relation to the Artist Content, has secured all rights in - the Artist Content, has cleared all rights (including in the form of - waivers of all moral rights, neighboring rights or similar rights held - anywhere in the world from any contributor to Artist's Content) and made - arrangement for all payments due to any performing artist, collecting - society, producer or contributor to Artist's Content necessary to grant - the license rights hereunder and to permit the lawful exercise of the - rights hereunder, without Account Holders or MCF having to pay any - royalties, compulsory license fees, residuals or any other payments - besides $MUSICOIN as anticipated by our Agreement. The Artist Content - and the use thereof as described or contemplated in this Agreement does - not infringe the copyright, trademark, publicity rights, common law - rights, or any other right of any third party nor are they otherwise - illegal or constitute defamation, invasion of privacy, pornography or - any tort injury to any third party. There is no present or prospective - claim or litigation in respect of any of Artist Content. Artist is at - least 18 years old and has the right and authority to enter into this - Agreement on his/her behalf or, if Artist is between the ages of 13 and - 18, Artist has reviewed this Agreement with Artist's parent or guardian - and Artist's parent or guardian shall execute and agree to this - Agreement on Artist's behalf. If Artist is more than one person, each of - the persons comprising Artist shall sign this Agreement and be a party - hereto. Artist has read and understands the MCF Privacy Policy and the - Terms, each as made available on the Site, expressly accepts the terms - and conditions set forth in such Agreement, and understands and agrees - that these may be amended from time to time at MCF’s sole discretion. -

- - 2.1 Account Holders provide certain warranties to MCF regarding - Content submitted to the Service. - -

- Any Promoted or Artist Content will not contain or comprise hacks to - enable misuse or abuse of the Service, contaminated files, viruses, - worms, Trojan horses or other similar harmful or destructive code or - program. Account Holder agrees to refrain from any activity that would - take unfair advantage of the Service to the benefit of any Artist and or - User Generated Content or result in unjust enrichment in relation to - $MUSIC. Account Holders understand, acknowledge and agree that MCF does - not guarantee exploitation or the success of Artist Content, which will - depend on consumer preference and that MCF cannot guarantee that Account - Holders will play (or perform) Artist’s music. -

- - .2.2 Account Holders warrant that all information submitted to the - Service is correct, accurate and complete. - -

- Account Holder hereby represents and warrants that the information each - provides to MCF upon establishment of an Account will be true, accurate, - current, and complete. Account Holder also hereby represents and - warrants that Account Holder will ensure that Account information, - including Account Holder e-mail address, is kept accurate and up to-date - at all times during the term of our Agreement. Upon receiving an - Account, Account Holders will have login information, including a - password. Accounts are personal to each user, and may not share Account - information with, or allow access to the Account by, any third party. - Artist agrees to notify MCF immediately of any breach in secrecy of - Artist's login information. Account Holders will be solely responsible - for the losses incurred by MCF and others (including other users) due to - any unauthorized use of an Account. -

- 2.3 Disclosure of Artist Information -

- Artist acknowledges, consents, and agrees that MCF may access, preserve, - and disclose Artist Account Holder information and Artist Content if - required to do so by law or in a good faith belief that such access, - preservation or disclosure is reasonably necessary to (i) comply with - legal process (ii) enforce our Agreement (iii) respond to a claim that - any of Artist's Content violates the rights of third parties or (iv) to - respond to Artist's requests for customer service. - - - Artist hereby grants MCF and Account Holders a non-exclusive right and - license throughout the world to freely and without restriction use and - exercise the following rights in whole or in part, for the purpose of - promoting Artist Content and/or MCF (and its products and services). -

- 3.1 Artist Content License -

- Artist grants MCF and Account Holders the right and license to use - submitted tracks including musical compositions embodied in Artist - Content as necessary to perform the same on the Site, make such tracks - available to Account Holders, including but not limited to the right to - distribute Artist Content for streaming on the Site via Promoted Content - and links displayed on Promoted Channels. Artist acknowledges and agrees - that in exchange for receiving $MUSIC Artist grants to MCF and its - Account Holders a waiver of other royalty payments, statutory or - otherwise that MCF or its Account Holders may or may not be obligated to - pay Artist in connection with the use of Artist Content, including but - not limited to if Artist currently is or becomes a member of a - performing rights licensing organization (such as BMI or ASCAP) and - Artist grants to MCF and Account holders the right to use, reproduce, - distribute, display, deliver and transmit, publicly and privately, by - any means now known or hereafter devised the musical compositions and - sound recordings embodied in any tracks comprising Artist Content. -

- 3.2 Account Holder and User Generated Content License -

- Account Holders grants to MCF and to other Account Holders a license and - right to use their name and likeness, biographical material, logos, - trademarks photographs, symbols, emblems, designs, and any other visual - representations of themselves, and any other individuals performing or - otherwise represented or whose performance is embodied in the Artist or - User Generated Content, as well as track and/or album name, and all - artwork related to Artist Content or audiovisual works. -

- - 3.3 All rights and licenses not expressly granted to MCF under this - Agreement are reserved by Artist. - -

- Ownership of the Content shall remain with Account Holders and Content - can be used in any way that Account Holder chooses, subject to any - limitations set forth under our Agreement. - - - Artist may upload and submit Artist Content comprising tracks, including - sound recordings containing musical compositions, at any time and will - have sole control over tracks which are submitted to the Site. - Notwithstanding anything to the contrary in our Agreement, MCF may - delete without notice any tracks or Artist Content for which it receives - a valid DMCA takedown notification or that in its sole discretion it - considers to be obscene, to condone or incite hate or violence. -

- - 4.1 Tracks will be posted on the Site and made available to Account - Holders. - -

- MCF shall have no duties or obligation whatsoever concerning the - marketing or promotion of any Content or Artist except as provided - herein. Content may or may not include solicitations for sale of the - same including links to third party platforms where tracks may be - purchased. -

- - 4.2 The Service conducts polls to determine ‘Song and Artist of the - week and provides certain rewards for the song or artist voted for in - each category. - -

- MCF will administer a payment of $MUSICOIN as a reward for each Song of - the Week in accordance with its internal policies regarding the same. - The Artist of the week will receive feature coverage on Promotional - Channels. -

- 4.3 Artist may delete tracks from their Account at any time. -

- Deletion of a track by MCF or the Artist becomes effective as to the - profile of that Artist immediately. Artist acknowledges that during the - term of our Agreement or until such time as their Account is terminated - as set forth in this Policy, each track will still be available on the - Service including Promoted Channels. Artist agrees that the Service and - Account Holder licenses remain in effect for any Artist Content they - delete which may remain available in other areas of the Service. - - -

- 5.1 Independent Legal Representation -

- IF ARTIST IS UNSURE ABOUT ANY OF THE TERMS AND CONDITIONS CONTAINED IN - OUR AGREEMENT INCLUDING THIS PPP LICENSE ARTIST IS ADVISED TO OBTAIN - INDEPENDENT LEGAL ADVICE. -

- - 5.2 MCF agrees to pay Artist $MUSIC according to Pay Per Play (PPP) - license percentages submitted by Artists using the Site. - -

- MCF provides a digital wallet address to Artist following verification - of the Artist identity. Artists receive $MUSIC per stream of each track - at the rate identified in the PPP license and according to the - percentages submitted to the Service. -

- - 5.3 Artists acknowledge and agree that they are solely responsible for - submitting and accurately representing PPP percentages to the Service. - -

- Artist acknowledges that they will accurately submit the PPP terms to - allow for compensation of rights to Artist Content including tracks and - agrees that Artist shall be responsible for any incurred costs of MCF - due to any failure to assign, report or submit percentages for payments - in accordance with our Agreement. Artist further acknowledges and agrees - that MCF may notify other interested parties if we receive information - that Artist is in default of payment obligations relating to Artist - Content and has not cured such payment default upon receiving - notification of the same. - - - Artist shall indemnify and defend MCF and hold MCF harmless from and - against any and all costs, liabilities, losses, damages and expenses - arising out of any claims, actions, demands, investigations, suits, or - proceedings of any kind from any third party claim relating to (i) an - alleged or actual breach of Artist's warranties and/or breach or - non-performance of Artist's duties under this Agreement, (ii) any claim - for royalties and/or infringement of copyright, trademark, patent or - other intellectual property rights by the Promoted Content or (iii) any - third party claims arising out of Artist's conduct or representations - under this Agreement. Further, in the event that a third-party - infringement claim is brought, MCF shall have no obligation hereunder to - defend or protect Artist's copyright interests. -

- - 6.1 Agreements with Promoted Channels, Third Party Platforms, Services - and Content. - -

- Account Holders acknowledge that in providing the Service, MCF may be - required to enter into certain agreements with various Promoted - Channels. The selection of which Content will be accessible via Promoted - Channels shall be determined according to policies and procedures put - into force by and under the exclusive control of MCF. Account Holders - agree that the terms and conditions of this Agreement and those of the - Terms of Service shall be subject to any applicable terms and conditions - of such other agreements that MCF enters into with respect to any such - Promoted Channels. The appearance, availability, or Artist's use of (a) - URLs or hyperlinks referenced or included anywhere in connection with - the Site and Service or any other form of link or re-direction of - Artist's connection to, with or through the MCF Service, or (b) any - third party websites, content, data, information, applications, - platforms, goods, services or materials, including the Promoted Channels - ((a) and (b) collectively, “Third Party Services”) does not constitute - an endorsement by, nor does it incur any obligation, responsibility or - liability on the part of MCF. -

- - 6.2 MCF does not verify, endorse, or have any responsibility for Third - Party Services or any third-party business practices. - -

- MCF encourages Account Holders to read the terms and conditions and - privacy policy of any third-party music sharing platform or Service - Artist uses. ARTIST ACKNOWLEDGES AND AGREES THAT MCF IS NOT A RETAILER - OF EITHER ARTIST OR PROMOTED CONTENT AND IS NOT ACTING AS A RETAILER IN - CONNECTION WITH THE MCF SERVICE OR OTHERWISE. ACCOUNT HOLDER - ACKNOWLEDGES AND AGREES THAT MCF IS NOT A PARTY TO AND HAS NO LIABILITY - OR RESPONSIBILITY TO ARTIST, OR A PROMOTED CHANNEL, WITH RESPECT TO ANY - PURCHASE OR STREAMING OF A TRACK OR CONTENT LINKED ON A PROMOTED CHANNEL - OTHER THAN THE EXPLICIT RESPONSIBILITIES DEFINED IN THE AGREEMENT - INCLUDING THE TERMS OF SERVICE. -

- 6.3 Limitations on Liability -

- MCF MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY - DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A - PARTICULAR PURPOSE. THE SITE AND THE MCF SERVICE, AND ALL CONTENT, - PRODUCTS AND SERVICES MADE AVAILABLE ON, THROUGH OR IN CONNECTION - THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCF - MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO (I) THE ACCURACY OR - EFFECTIVENESS OF THE SITE OR THE MCF SERVICE, INCLUDING CONTENT - CONTAINED THEREIN, NOR ANY ERRORS OR PROBLEMS OF ANY KIND THAT MAY ARISE - FROM THE SITE, (II) THE SITE OR MCF SERVICE WILL BE TIMELY OR - ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE - SITE AND MCF SERVICE WILL BE ACCURATE OR RELIABLE. TO THE FULLEST EXTENT - PERMISSIBLE BY LAW, MCF SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, - DAMAGES, COSTS, OR EXPENSES OF ANY KIND RESULTING FROM THE USE OR - PROMOTION OF A TRACK BY MCF OR USE BY ANY CONSUMER OR END-USER OF A - TRACK. THIS INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES - EXPERIENCED BY ARTIST OR ANY THIRD PERSONS AS A RESULT OF ANY - DEFICIENCY, DEFECT, ERROR, OR MALFUNCTION WITH THE SITE. MCF SHALL ALSO - NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF - BUSINESS, LOSS OF REVENUE, LOSS OF COPYRIGHT, INDIRECT, SPECIAL, - INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF OR IN - ANY WAY CONNECTED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING BUT - NOT LIMITED TO ARTIST'S USE OF THE SITE OR MCF SERVICE, ANY DELAY OR - INABILITY TO USE THE SITE, OR ANY INFORMATION PRODUCTS AND SERVICES - OBTAINED THROUGH THE SITE) NO MATTER WHETHER THE DAMAGES ARE FORESEEABLE - AND WHETHER OR NOT MCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH - DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST - EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT - WILL MCF’S AGGREGATE LIABILITY TO ARTIST EXCEED ONE THOUSAND ($MUSICOIN - 1000). - - - In the event that all tracks are deleted by Artist, Artist may choose to - either maintain their account for purposes of receiving $MUSIC for - tracks still made in available in other areas of the Service, such as - through Promoted Content or on Promoted Channels. Account Holders may - terminate their Account for any reason by submitting a request for - termination seven (7) days prior written notice to MCF to the email - address support@musicoin.org. - Termination of an Account also terminates access to the digital wallet - address corresponding to that Account. Account Holder acknowledges that - as of the termination date, namely within seven (7) days after receipt - of the request for termination, the digital wallet as well as any $MUSIC - associated with that wallet address will no longer be accessible. If - Artist requests deletion of their Account then any Artist Content shall - be considered to have been requested to be deleted as of applicable - termination date and will be removed from all searchable areas of the - Service within a reasonable period of time not to exceed ninety days. -

- - 7.1 MCF may terminate an Account immediately in the instance of breach - of policies or any provision of our Agreement including misuse and or - abuse of the Service or an Account. - -

- MCF strictly prohibits any activity that results or will result in - exploiting the Service or its supporting systems for profit. You agree - that in the event you are suspected by MCF to be in violation of this - provision that you forfeit access to your Account, your Account will be - locked and may be terminated upon a determination of misuse following - internal investigation by an MCF review committee in its sole - discretion. - - - Artist acknowledges and agrees that, in the course of negotiating and - transacting business with MCF, Artist may become aware of certain - otherwise confidential information related to MCF’s business and - business practices. Except to the extent that such information is - otherwise generally available to third parties or is required to be - divulged by operation of law, Artist agrees to keep such information - confidential. Artist hereby expressly agrees that MCF shall have the - right to provide information relative to the sales of the Tracks - hereunder to third parties, to aggregate such information in charts and - other comparative informational materials, and to disseminate the same - in any manner. If any Service Content or related information is - inadvertently provided to Artist, Artist agrees to keep such information - confidential and destroy it upon realization or receipt of notice by - MCF. MCF may publish content streaming history data as part of bona-fide - promotional and other business activities. MCF may retain on a - confidential basis one copy of any correspondence, information or data - provided by Artist to MCF in order to comply with legal or regulatory - requirements and/or internal document retention policies as well as any - and all: (i) e-mails and any attachments contained in such e-mails and - (ii) any electronic files, each of which are automatically saved. All of - the foregoing rights and responsibilities shall survive the termination - of the Agreement. - - - Artist hereby acknowledges that in the event that Artist consists of - multiple persons, such as listed in the PPP (Pay per Play) license, then - each person is notified of the use by the authorized Account Holder and - each shall be individually responsible for the performance of all - obligations of Artist under this Agreement, jointly with every other - person and individually. - - - Artist may not assign the Agreement (by operation of law or otherwise) - without the prior written consent of MCF and any prohibited assignment - will be null and void. MCF may assign any rights or obligations under - our Agreement without Artist’s consent. The relationship of the parties - under the Agreement is that of independent contractors and the Agreement - shall not be construed to imply that either party is the agent, - employee, or joint venture of the other. Artist agrees that the - Agreement and the rules, restrictions and policies contained therein, - and MCF's enforcement thereof, are not intended to confer and do not - confer any rights or remedies upon any person other than Artist and MCF. - - - This Agreement may not be changed orally, but only by a writing signed - by both parties which specifically referencing the Agreement. -

- - 11.1 To the extent that there is any conflict between the Terms of - Service and this policy, the Terms of Service Agreement shall prevail. - -

- Any provision which must survive in order to allow MCF or Artist to - enforce its meaning shall survive however, no action arising out of this - Agreement or Artist's use of the MCF Service, regardless of form or the - basis of the claim, may be brought by Artist more than one year after - the cause of action has arisen (or if multiple causes, from the date the - first such cause arose). The headings herein are for convenience only - and are not intended by the parties to affect the meaning or - interpretation of this Agreement. -

- - 11.2 All notices permitted or required under this Agreement must be in - writing. - -

- Notices other than for technical support which are being sent to MCF - relating to this Artist policy or our agreement must be addressed to MCF - at - support@musicoin.org - cc: legal@musicoin.org. - - - By agreeing to the Terms, you also agree to arbitrate any and all claims - against MCF pursuant to the Federal Arbitration Act and subject to the - terms below (the "Agreement to Arbitrate"). You and MCF agree that this - Section satisfies the "writing" requirement of the Federal Arbitration - Act and further agree that the Federal Arbitration Act governs the - interpretation and enforcement of this Agreement to Arbitrate. -

- - 12.1 If a dispute arises between you and MCF regarding a claim, you - and we agree to alternative dispute resolution.{' '} - -

- Our goal is to provide you with a neutral and cost-effective means of - resolving the dispute quickly. If any controversy, allegation or claim - arises out of or relates to the Service, the Website(s), the Content, - your Artist Content, this Agreement, your decision to enter into this - Agreement, any Additional Terms or any other aspect of your relationship - with MCF (collectively, "Dispute"), then you and we agree to send a - written notice to the other providing a reasonable description of the - Dispute, along with a proposed resolution of it. Our notice to you will - be sent to you based on the most recent contact information (including - email address) that you provide us. You are obligated to ensure that - such contact information is current and accurate. Your notice to us must - be sent to: legal@musicoin.org Attention: General Counsel. IN THE EVENT - THAT WE CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS OF RECEIPT OF - SUCH NOTICE, THEN EITHER YOU OR WE MAY ELECT TO SUBMIT THE DISPUTE TO - FORMAL ARBITRATION AS HEREINAFTER DESCRIBED. WITH ARBITRATION (A) THERE - IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION - OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL - REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the - arbitration will have the right, at their own expense, to be represented - by an attorney or other advocate of their choosing. An arbitration - hearing will be conducted, at your election, either by telephone (or - other mutually agreeable remote technology). Should either you or MCF - elect to resolve the Dispute by way of binding arbitration, the - arbitration shall proceed in accordance with the then-current Commercial - Arbitration Rules of the American Arbitration Association ("AAA"). If - the Dispute has a claimed value of not more than $1,000,000, then the - arbitration will be heard and determined by a single, neutral arbitrator - who is a retired judge or a lawyer with not less than ten (10) years' - experience as a practicing member of the bar in the substantive practice - area related to the Dispute, who will administer the proceedings in - accordance with the AAA's Supplementary Procedures for Consumer Related - Disputes. If the Dispute has a claimed value of more than $1,000,000, - then the arbitration will be heard and determined by a three (3) member - panel, with one member to be selected by each party and the third (who - will chair the panel) selected by the two (2) party-appointed members or - by the AAA in accordance with the Commercial Arbitration Rules. The - arbitrator or arbitration panel, as the case may be, will apply - applicable law and the provisions of this Agreement and any Additional - Terms, will determine any Dispute according to applicable law and facts - based upon the record and no other basis, and will issue a reasoned - award. If a party properly submits the Dispute to the AAA for formal - arbitration and the AAA is unwilling or unable to set a hearing date - within sixty (60) days of the filing of a "demand for arbitration," then - either party can elect to have the arbitration administered by the - Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' - streamlined Arbitration Rules and Procedures, or by any other - arbitration administration service that you and a legal officer of MCF - consent to in writing, except, as noted above, that in no event shall - the arbitration proceed as a class or representative action. The - substantive practice area requirements for the arbitrator and the - $10,000,000 threshold for the number of arbitrators assigned to the - Dispute set forth in the paragraph above will also apply to any such - arbitration under JAMS or other arbitration service. AAA and JAMS - procedures, rules, and fee information can be reviewed here: AAA:{' '} - AAA - JAMS: JAMS - The arbitrator's decision must consist of a written statement stating - the disposition of each claim of the Dispute, and must provide a - statement of the essential findings and conclusions on which the - decision and award (if any) may be entered in or by any court that has - jurisdiction over the parties pursuant to Section 9 of the Federal - Arbitration Act. The arbitrator must honor the terms of this Agreement - and can award the prevailing party damages and other relief (including - attorneys' fees) consistent with applicable law. -

- 12.2 Exceptions to Arbitration Requirement -

- Notwithstanding the provisions of this Section, either party may seek - judicial relief from any court of competent jurisdiction (a) to enforce - an arbitral award issued hereunder, (b) to compel arbitration required - hereunder or (c) to obtain temporary injunctive relief to prevent - imminent and irreparable harm or to preserve the status quo until an - arbitrator can be empaneled and determine whether to continue, terminate - or modify any such relief. In the event of a request for temporary - injunctive relief, the requirement for 60 days' dialogue before an - arbitration can be initiated shall not apply. - -

-
-); - -export const Copyright = () => ( - - - Intellectual Property Infringement Notification Policy - -

-

- Intellectual Property Infringement Notification Policy{' '} - Effective date: July 31, 2018 -

- Reporting Copyright Infringement -

- Musicoin Foundation (“MCF”) will respond to notices of alleged - infringement that comply with the DMCA and other applicable laws. The - following notice requirements are intended to comply with MCF rights and - obligations under the DMCA and, in particular, section 512(c), and do not - constitute legal advice. Before serving either a Notice of Infringing - Material or Counter-Notification, you may wish to contact a lawyer to - better understand your rights and obligations under the DMCA and other - applicable laws. As part of our response, we may remove or disable access - to material on our site that is claimed to be infringing, in which case we - will make a good-faith attempt to contact the person who submitted the - affected material so that they may make a counter notification, also in - accordance with the DMCA. -

- Submit Notice of Infringing Material -

- To submit a notice of infringing material on our site, please provide a - notification containing the following details: -

    -
  1. - {' '} - Information that will enable us to identify the work claimed to be - infringed or, if multiple works are claimed to be infringed, a - representative list of such works (for example: title, author, any - registration or tracking number, URL) -
  2. -
  3. - {' '} - Information that will enable us to identify and locate the material - that is claimed to be infringing (for example a link to the page that - contains the material) -
  4. -
  5. - {' '} - Your contact information (for example, your address, telephone number, - email address) -
  6. -
  7. - {' '} - A statement that you have a good faith belief that the use of the - material identified in (2) is not authorized by the copyright owner, - its agent, or the law -
  8. -
  9. - {' '} - A statement, under penalty of perjury, that the information in the - notification is accurate and that you are authorized to act on behalf - of the owner of the exclusive right that is alleged to be infringed. -
  10. -
  11. Your physical or electronic signature.
  12. -
- Send this notice by email to:

- dmca@musicoin.org -

- Attention: DMCA Agent -

- VIPO Inc., 145 Lincoln Road Brooklyn, NY 11225 -

- Submitting Counter Notification" -

- If material that you have posted to a site controlled or operated by us - has been taken down, you may file a counter-notification that contains the - following details: -

    -
  1. - Identification of the material that has been removed or to which - access has been disabled and the location at which the material - appeared before it was removed or disabled -
  2. -
  3. - A statement, under penalty of perjury, that you have a good faith - belief that the material was removed or disabled as a result of - mistake or misidentification of the material in question -
  4. -
  5. Your name, address and telephone number
  6. -
  7. - A statement that you consent to the jurisdiction of the Federal - District Court for judicial district in which your address is located - or, if your address is outside of the USA, for any judicial district - in which Creative Commons may be found and that you will accept - service of process from the person who submitted a notice in - compliance with the section (c)(1)(C) of the DMCA, as generally - described above -
  8. -
  9. Your physical or electronic signature.
  10. -
- Send this notice by email to:

- dmca@musicoin.org -

- Attention: DMCA Agent -

- VIPO Inc., 145 Lincoln Road Brooklyn, NY 11225

- Please be aware that under 17 U.S.C. § 512(f), you may be liable for any - damages, including costs and attorneys' fees incurred by us or our users, - if you knowingly, materially misrepresent that material or activity was - removed or disabled by mistake or misidentification. Notwithstanding - anything to the contrary contained in any portion of this Policy, the - Terms of Service, or any other terms applicable to your use of the - Service, we reserve the right to take no action upon receipt of any DMCA - Counter-Notification. If MCF receives a DMCA Counter-Notification that - complies with the terms of 17 U.S.C. § 512(g), then we may forward it to - the person who filed the original DMCA Notice. In that event, if we do not - receive notice from that person within 10 business days that they are - seeking a court order to prevent further infringement of the material at - issue, we may, in our sole discretion, replace or cease disabling access - to the material that was removed. Without limiting our other rights, MCF - will, in appropriate circumstances, terminate a repeat infringer's access - to the Service and any other property owned or operated by MCF. -

- Alleging Infringement of Other Intellectual Property -

- If you own intellectual property other than copyrights and believe that - your intellectual property has been infringed by an improper posting or - distribution of it, then you may send us a written notice that includes - all of the following: -

    -
  1. - {' '} - A subject line that says: "Intellectual Property Infringement Notice" -
  2. -
  3. - {' '} - Your complete information, including your full name, mailing address, - telephone number, and email address -
  4. -
  5. - {' '} - A description of the intellectual property that you claim has been - infringed and a copy of the corresponding USPTO registration -
  6. -
  7. - {' '} - Information reasonably sufficient to permit us to locate the specific - allegedly infringing material on our site, including the URL where the - content appears, or other means of identifying the allegedly - infringing content with particularity -
  8. -
  9. - {' '} - A statement that you have a good faith belief that use of the material - in the manner asserted is not authorized by the owner of the - intellectual property, its agent, or the law -
  10. -
  11. - {' '} - A statement under penalty of perjury, that all the information in your - notice is accurate, and that you are the owner of the intellectual - property at issue (or, if you are not the owner, then your statement - must indicate that you are authorized to act on the behalf of the - owner of the intellectual property) and, -
  12. -
  13. - {' '} - Your physical or electronic signature (typing your full name will - serve as your electronic signature). -
  14. -
- Send this notice by email to:{' '} - legal@musicoin.org -

- MCF may elect not to respond to intellectual property infringement - notifications that do not substantially comply with all of the foregoing - requirements, and we may elect to remove allegedly infringing material - that comes to its attention via notices that do not substantially comply - with such requirements. Please note that these notifications are - real-world legal notices. MCF may provide copies of such notices to the - participants in the dispute or third parties, at our discretion and/or as - required by law. The MCF Privacy Policy does not protect information - provided in these notices. -

-
-); +export default Toc; diff --git a/src/Terms/index.js b/src/Terms/index.js index b137156..04c408d 100644 --- a/src/Terms/index.js +++ b/src/Terms/index.js @@ -9,7 +9,11 @@ import { Footer } from '@/shared/Footer'; import { Strip } from '@/shared/Strip'; import { GetStarted } from '@/shared/GetStarted'; import { BannerTitle } from '@/shared/Banner'; -import { Toc, Tos, Arp, Copyright } from './Toc'; +import Tos from './Toc/Tos'; +import Copyright from './Toc/Copyright'; +import Arp from './Toc/Arp'; +import Toc from './Toc'; + import { TermsBanner } from './styles'; import { Box } from '@/shared/Box'; import { Nav, NavLink } from './Nav'; @@ -34,7 +38,7 @@ export const Terms = ({ match }) => ( - ( + +
+
+
+ + + + + + Project Relaunch +

+ The Musicoin community is excited to announce its project + relaunch. Project relaunch includes migration and + collaboration with Skale network and its team. New tokenomics + model. Community driven governance. and much more! +

+ + + Join now + +
+
+
+
+ + + + + Migration to Skale Network + +

+ Musicoin is collaborating and migrating to the Skale network. + Skale is a second layer solution for the Ethereum blockchain, + our migration to Skale will provide our listeners and + musicians with a smooth long term streaming and financial + experience. +

+ + + find out more + +
+
+
+
+ + + + + ERC 20 token swap + +

+ Musicoin swapped from old, under-maintained coin to ERC20 coin + and it is migrating to Skale side chain. We are live on + SafePal, on Metamask and all ERC20 compatible soft and hard + wallets, and shortly about run our second swap from the old + token to the new ERC 20 token, Join this telegram group to + stay up to date and more news about the second swap. +

+ + Token swap telegram + +
+
+
+
+ + + + + Community driven project + +

+ The community has become one of Musicoin’s absolute core + values. We have a community-driven road map rather than a + utopist and pumped ICO one. In Musicoin Everyone is a leader + and can participate to grow the project with his best skills + and passion. our{' '} + + {' '} + Telegram channel + {' '} + is best place to share your actions. +

+ + Community road map + +
+
+
+
+ + + + + New tokenomics & business model + +

+ Non Fungible tokenomics & business model based on a + decentralized music liquidity pool. Artists provide music, + fans provide liquidity to improve each song's capacity to + generate royalties and provide $MUSIC to the PPPs in the + long-term. +

+ + join NFT group + +
+
+
+
+
+
+ + +