What you can expect from us and what we expect from you.
Updates to the Terms and Conditions
Musoshi may modify these terms and conditions at any time with or without notice to You. Your continued use of the Site and/or Services will be deemed as acceptance of any such new terms and conditions.
Choice of Law
These Musoshi Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of California, U.S.A., without regard to choice or conflict of law principles of any jurisdiction, except as otherwise provided in the Arbitration Agreement or the supplemental terms applicable to your region or a specific product or service. This Choice of Law provision applies only to the interpretation of these Musoshi Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law or bring claims in California courts whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement, are only intended to specify the use of California law to interpret these Musoshi Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. With respect to Vehicle purchase or service, the law in the State in which Musoshi is licensed to sell motor vehicles that is nearest to your delivery address or the location where you actually purchased your vehicle, if different, shall apply to any transactions with that licensed dealership location.
Musoshi’s Intellectual Property
Musoshi is the owner or the licensee of the Site, including the source code, and Musoshi Apps, all content of the Site, and all the material published on the Site, as well any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”). Musoshi owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names.
You acknowledge and agree that Musoshi’s (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely Musoshi’s property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of Musoshi’s licensors or suppliers. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Musoshi or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Services is the exclusive property of Musoshi and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.
Subject to your compliance with these Musoshi Terms, Musoshi grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Musoshi Terms are reserved and retained by Musoshi.
User Content and Standards
If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If Musoshi does decide, in its sole discretion, to attribute User Content to you, you hereby grant Musoshi the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to Musoshi doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. You agree that Musoshi (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if Musoshi receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by Musoshi. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. Musoshi may take any action Musoshi reasonably deems necessary to cure or prevent any violation of these standards, including removal from this Site. In addition, Musoshi will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Musoshi under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of Musoshi’s websites.
You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Musoshi, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) Musoshi isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Musoshi shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) Musoshi may have something similar to the Contributions already under consideration or in development; (e) your Contributions, including any intellectual property rights therein, automatically become the property of Musoshi without any obligation of Musoshi to you; and (f) Musoshi is free to use any ideas, concepts, or techniques that you send Musoshi for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from Musoshi under any circumstances.
The Site may contain hyperlinks (“links”) to web sites operated by persons or entities other than Musoshi (“third-party Web Sites”) or to co-branded web sites operated by a third party, including affiliates (“co-branded web sites”). We provide such links for your reference and convenience only. A link from Musoshi to a third-party web site does not imply or mean that we endorse the content on that third-party or co-branded web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded web sites to which you might link from the Site. MUSOSHI IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
In addition, portions of the Site may be electronically hosted by other third-party service providers. Musoshi has, unless explicitly indicated otherwise, no control over the content or functionality of those sites and resources. Musoshi does not endorse, guarantee, or make any representations or warranties regarding any other website, content, or materials or information accessible from any other website.
Children’s Online Privacy Protection Act
The Site is not designed or intended to collect information from children under the age of 13. Musoshi does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian.
No Reliance on Information
Musoshi’s Site provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the Content. Musoshi is not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies.
Cautionary Statement Regarding Forward-Looking Statements
Musoshi’s web pages, blog posts, stories, news, updates, posts, press releases, presentations, audio and video files of events (whether live or recorded) and other documents, photographs and videos on our website and in our social media postings contain, among other things, forward-looking statements that reflect management's current expectations, intentions, assumptions, plans and beliefs with respect to future events or plans. The words "anticipate," "assume," "believe," “could,” "estimate," "expect," “going forward,” "intend," "may," "plan," "project," “seek,” "should," “will,” “would,” and similar expressions, identify forward-looking statements (though the absence of such words does not mean that a statement is not forward-looking). Such statements are subject to risks and uncertainties, and may change over time. These forward-looking statements reflect management’s views at the time such statements were made and are not guarantees of any outcome or result or any future performance, prospects or developments. Musoshi and its management do not intend to (and Musoshi expressly disclaims any obligation to) update or otherwise revise such forward-looking statements, whether as a result of new information, future events or otherwise. You are strongly cautioned that reliance on any forward-looking statements involves known and unknown risks and uncertainties, and any or all of our forward-looking statements may ultimately be inaccurate or incorrect. Accordingly, you should not place undue reliance on any forward-looking statements, which are current only as of the date such statements are made. All forward-looking statements on our website and in our social media postings are qualified by reference to this cautionary statement section.
THE SITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR ANY MATERIALS PUBLISHED ON THE SITE.
Specifically, without limitation, Musoshi does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects.
In addition, it is your responsibility to check that the Site’s content is accurate and/or complete. The Site may be updated from time to time and may change its content at any time. Although Musoshi makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.
Local Regulatory Restrictions
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. Musoshi reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
Accessing and Using the Site
It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. Musoshi will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons to whom you provide access to the Site are made fully aware of these Musoshi Terms and other applicable terms and conditions, and that they comply fully with them.
You may only use the Site for lawful purposes.