1. Well, hello there
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. We know you’re smart and these words are pretty obvious, but our big fancy city lawyers told us we have to mention them nonetheless. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“Muxy” “Us” “We” refers to our company, known as “Muxy, Inc”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“Service” refers to the services that we provide through our Site, including our alerts, notification, and analytics systems, as well as our Site itself;
“Site” refers to our website, http://muxy.io;
“User” refers to anyone who uses our Service, including registered users, general visitors to our Site, and anybody who so much thinks of clicking on our Site;
“You” refers to you, the person who is entering into this Agreement with Muxy.
3. Description of Service
Our free service is our alerts/notification system. We reserve the right to charge for this system in the future with 30 days’ advance notice given to Users. With this, Users can see what is going on in their broadcast real-time, as well as receive notifications on streams for various events such as when a new user subscribes, a user donates money to the streamer, etc. Basically we act as your own personal Eye of Sauron.
The service can enable users to monetize their channel, stream, or content through various means, including promotional campaigns. Campaigns are governed by the Muxy Campaign Terms, hereby incorporated by reference into these Terms of Service.
We reserve the right at any time to modify or discontinue the Service or any part of or content thereof without notice at any time. Prices and/or fee for our Service are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Any Service fees collected may be subject to sales tax or value-added tax (VAT). Any applicable tax is applied on top of Service and is shown before payment completion.
b. Optional Tools
We may provide You with access to third-party tools over which we neither monitor nor have any control nor input.
You agree and acknowledge that we provide access to these tools “as is” and “as available” without any representation or conditions of any kind, warranties, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
All and any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure you are familiar and have read and approved the terms on which tools are provided by the relevant third-party providers.
We may also in the future offer new services or features through the website that includes the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
c. Third-Party Links
Certain content and services available via our Service may include materials from third-parties. The third-party links on this site may direct you to third-party websites that are not affiliated with Us.
We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any responsibility or liability for any third-party materials or websites, or for any other materials, products, or services from third-parties.
We are not liable for any harm or damages related to the use or purchase of goods, services, resources, content, or any other transaction made in connection with any third-party websites. Please review carefully the third-party’s terms of service, policies, and practices and make sure you understand them before you engage with the site or make a transaction. All complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States, the 19th century Kingdom of Bavaria, or other countries having jurisdiction over this Agreement, Muxy, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. So, please don’t sign up for our Service unless you can legally join the army in the United States or buy beer in Canada.
- You must not sign up on behalf of a natural person other than yourself.
- You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you agree that both you and that organization are hereby bound by this Agreement and jointly and severally liable for any breach hereof.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service. This information must be accurate and complete, and updated as changes occur. We will not take responsibility for inaccurate information provided by you.
Muxy reserves the right to refuse service to anyone at anytime.
Unless otherwise stated, any content generated by our Users is without endorsement or condonation by Muxy.
6. Rules of Use
You must not:
- Violate the laws of the United States, its states (especially Delaware… you’ll find out why below), or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, medieval English fiefdom, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Muxy.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, Botox inject, or otherwise compromise the security or integrity of the Muxy Site, Service, or its Users’ computers.
- Resell, transfer, give away, or otherwise disseminate information obtained from our Service without our express written permission.
- Scape, aggregate, or otherwise compile date from our Service using any form of automated tool.
- Do anything else that could bring Muxy into disrepute or violate the rights of any person, such as suggest that we are in any way associated with Justin Bieber.
- Copy, duplicate, reproduce, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without the express written permission by Us.
7. Payment, Pricing, and Refunds
Payment can be made via PayPal or Stripe. Unless otherwise stated, all payments must be paid in United States dollars—no seashells, please.
Because our Service is intangible, we don’t offer refunds Services for more than a month prior to broadcasters. Although the general policy is to not offer refunds other than those described herein, please contact us if you have an issue and we may be able to work something out.
Additional terms surrounding payments, pricing, and refunds may be published on our Site and are hereby incorporated into this Agreement by reference.
8. Chargebacks and PayPal Disputes
Where a User conducts a chargeback or PayPal dispute against Muxy, such User shall be liable to Muxy for the full amount of said chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred in the enforcement of Muxy’s rights under this section. In other words, we follow a strict “no takesies-backsies” policy.
9. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission. In other words, don’t plagiarize us—save that for school.
10. Your Copyright
Muxy must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, ancient Egyptian hieroglyphics, and artistically arranged smoke signals. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Muxy” is a trademark used by us, Muxy, Inc, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business, even if it is so much as a lemonade stand (we might branch out in the future so we need to guard our turf).
12. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. Please don’t spray paint “Muxy” on your house because we might need to take your whole house if the paint can’t be removed easily.
13. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, pursuant to the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please take a deep breath, try to stop crying, and send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically (using electrons) and send it to our Copyright Agent at email@example.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
14. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site, no matter how wrong someone is about what they’ve said regarding your mother. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
15. Representations & Warranties
MANY CENTURIES AGO, OLD MEN IN POWDERED WIGS AND BLACK ROBES DECIDED IT WOULD BE COOL TO TYPE IN ALL CAPS FOR IMPORTANT SECTIONS OF DOCUMENTS SUCH AS WARRANTY SECTIONS, EVEN THOUGH ALL SECTIONS ARE IMPORTANT OR ELSE WE WOULDN’T INCLUDE THEM IN THIS AGREEMENT. ANYWAY, WE DECIDED TO FOLLOW THE TRADITION AND TYPE LIKE WE’RE YELLING AT YOU, BUT WE’RE NOT ACTUALLY YELLING AT YOU. PLEASE DON’T TAKE THIS THE WRONG WAY.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
AND NOW WE CAN STOP TYPING LIKE WE’RE YELLING.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. In other words, if you ruin someone’s day and that person sues us, we can just settle and send you the bill instead of waiting around in court for a man in a black dress to yell at us with an angry judgment.
17. Choice of Law
This Agreement shall be governed by the laws in force in the State of Delaware. The offer and acceptance of this contract are deemed to have occurred in the State of Delaware. The ladybug is the official insect of the State of Delaware. For more information about Delaware, please contact your local university’s Department of Delaware-ology.
18. Forum of Dispute
The Delaware Modernization of Justice Act 2009 specifically outlaws hot dog eating competitions as a method of resolving legal disputes. Therefore, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Delaware. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of Delaware (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary99 jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
19. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, acts of dog, war, peace, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, disruption disruption, unavailability of payment processors, failure or shortage of infrastructure, shortages of materials, catastrophic surpluses of Belgian cheese, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Muxy shall have the sole right to elect which provision remains in force. Muxy may do this by reading the leaves in the bottom of a teacup, or Muxy may simply decide to go with whatever’s most beneficial to Muxy.
Muxy reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
This can be described as the “anti-copycat rule.” Please don’t breach this Agreement because you did it before or saw someone else do it. If we didn’t sue the first time, it might be because we didn’t notice or we were at an oxygen bar and feeling especially euphoric that day. There is no guarantee that we won’t enforce our rights against subsequent offenders.
22. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users, even if we receive advance notice that they are 18th century sea pirates and we fail to warn you of an impending raid on your office and/or ship.
23. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. We may do this by means of a game of eeny-meany-miney-moe, or not at all—most likely the latter because we like our business and enjoy working with our Users.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been an amendment and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.
25. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Muxy must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a message to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
26. Contact Information
Questions about the Terms of Service should be sent to us via a message to firstname.lastname@example.org.
Last Modified: November 16, 2016