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Terms of use
Introduction

By accessing or using the EveryCircuit website, the EveryCircuit cloud service, or any applications (including mobile applications) made available by MuseMaze (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). We reserve the right to change these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SERVICE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these terms of use were last revised by referring to the Updates To The Terms Of Use section at the bottom of this Terms Of Use. If you do not agree to abide by these terms, please do not use the Service.

About us

This Service is owned and operated by MuseMaze, Inc. We are a company incorporated in California and our principal place of business is located at San Jose, California.

Use of Service

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the content of the Service by displaying it on your device only for personal use and not for any commercial use, or use on behalf of any third party, except as explicitly permitted in writing by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Service or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided by the Service or make any use of the Service for the benefit of another business unless explicitly permitted in writing by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel subscriptions at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall use the Service only for lawful purposes. You shall not upload to, distribute, or otherwise publish through this Service any information, data and other material (collectively, “Content”) that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, privacy rights or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Service, Service users, our customers or any of our rights or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable Content and we assume no liability for any action or inaction with respect to conduct, communication, or Content offered through our Service.

Content provided through our Service is solely for informational purposes. Submissions or opinions (comments) expressed in this Service are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.

Registration

In order to use our services, you will need to register with us. You will be asked to provide a member registration name consisting of a valid internet e-mail address and a secure password. Each time you sign in to the Site, you will be deemed to have authorized access and use of your account. We have no obligation to investigate the authorization or source of any such access or use of the Service. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SERVICE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Intellectual property

You acknowledge that the Service provides Content that is protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content, provided however, that we claim no copyright on or other ownership right in our member’s Content. Except for your content, which you may edit, modify, delete, distribute or otherwise do with what you want, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing offered through our Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Service or any information displayed through the Service, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed through the Service. The use of any of our trademarks, service marks or other intellectual property without our express written permission is strictly prohibited.

Privacy policy

Please review our Privacy Policy, which also governs your use of our Service, to understand our practices. Our Privacy Policy is available at here.

Termination and effect of termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Service and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Service in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International access

This Service may be accessed from countries other than the United States. If you access and use this Service outside the United States you are responsible for complying with your local laws and regulations.

Disclaimer And limitation Of liability

The Services is provided on an "AS IS," "as available" basis. We do not warrant that use of the Service will be uninterrupted or error-free. No refunds will be provided for any period of time for which our Service is interrupted, if our Service fails to capture your content, or if your content is deleted or are otherwise unavailable. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any Content on or feature of the Service, including deletion of your content; or any change in any fees or charges for use of the Service. We do not warrant the accuracy, integrity, or completeness of the Content provided through the Service. All products and Services offered through the Service are “AS IS” and we specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Service is at your sole risk.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Service, including but not limited to reliance by a user on any information obtained using the Service, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if our authorized representative has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, products and Services available through the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the three month’s immediately preceding the act allegedly giving rise to our liability.

Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your breach of these Terms Of Use, (ii) your use of the Service, and/or (iii) your content.

Links

The Content offered through our Service may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such website. You agree to assume all risks when navigating to and using such other websites.

Copyright complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

This information should be sent to MuseMaze’s copyright agent for notice of claims of copyright infringement as follows:

MuseMaze Inc.
Attn.: Copyright Agent
1172 Murphy Ave, Suite #203
San Jose, CA 95131

or

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. None of our rights or remedies shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Applicable law

This Service is created and controlled by MuseMaze, Inc. in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Disputes

Any dispute relating in any way to your use of our Service shall be submitted to confidential arbitration in San Jose, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Discrimination

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

Updates to the terms of use

If we change or update our Terms Of Use, we will post changes and updates on the Site so that you will always be aware of our then current Terms Of Use. Changes may be retroactive. We encourage you to review our Terms Of Use from time to time so you will know if they have been changed or updated. If you have any questions about our Terms Of Use, please contact us at . These Terms Of Use were last updated on September 18, 2013.

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