Update Myspace Terms of Service

This version was recorded after filtering snapshot OpenTermsArchive/contrib-snapshots@30de80fdad

Author: AmbNum-Bot

Myspace/Terms of Service.md

@@ -27,11 +27,11 @@ Introduction
 
 Myspace LLC ("**Myspace**", "**we**", "**our**" or "**us**") operates Myspace®, a place where people come to connect, discover, and share. Showcasing artists and their work, Myspace gives people access to a massive digital music library. With roots in music and social, the platform is built to empower all artists—from musicians and designers to writers and photographers—helping them connect with audiences, collaborators, and partners to achieve their goals. Through an open design, compelling editorial features, and analytics-based recommendations, Myspace fosters a creative community of people who connect around mutual affinity and inspiration for the purpose of shaping, sharing, and discovering what’s next.
 
-The services offered by Myspace include (i) those offered on any Myspace-branded URL, including [www.myspace.com](http://www.myspace.com/) (the "**Myspace Website**"), (ii) Myspace music and video services, (iii) Myspace developer services, (iv) Myspace mobile services, (v) Myspace advertising services, and (vi) any other features, content, or applications offered or operated from time to time by Myspace in connection with Myspace’s business, including when Myspace is accessed via the internet, mobile device, television or other device (collectively, "**Myspace Services**"). The Myspace Services are hosted in the United States, and if you reside outside of the United States by using the Services you consent to the transfer of your personal data to the United States and elsewhere for all purposes identified in our Privacy Notice and/or Policy. **If you do not agree to this international transfer of data, then you must refrain from using the Myspace Services.** For more information, please see our [Privacy Notice](https://myspace.com/pages/eeaprivacy) and [Privacy Policy](https://myspace.com/pages/privacy). The Myspace Services are operated by Myspace, a company with a mailing address of 6100 Center Dr., Suite 800, Los Angeles 90045, which is owned by the digital media company Viant Technology LLC (“VIANT”). (“**VIANT**”).
+The services offered by Myspace include (i) those offered on any Myspace-branded URL, including [www.myspace.com](https://www.myspace.com/) (the "**Myspace Website**"), (ii) Myspace music and video services, (iii) Myspace developer services, (iv) Myspace mobile services, (v) Myspace advertising services, and (vi) any other features, content, or applications offered or operated from time to time by Myspace in connection with Myspace’s business, including when Myspace is accessed via the internet, mobile device, television or other device (collectively, "**Myspace Services**"). The Myspace Services are hosted in the United States, and if you reside outside of the United States by using the Services you consent to the transfer of your personal data to the United States and elsewhere for all purposes identified in our Privacy Notice and/or Policy. **If you do not agree to this international transfer of data, then you must refrain from using the Myspace Services.** For more information, please see our [Privacy Notice](https://myspace.com/pages/eeaprivacy) and [Privacy Policy](https://myspace.com/pages/privacy). The Myspace Services are operated by Myspace, a company with a mailing address of 6100 Center Dr., Suite 800, Los Angeles 90045, which is owned by the digital media company Viant Technology LLC (“VIANT”). (“**VIANT**”).
 
 This Agreement constitutes legally binding terms and applies to such use of the Myspace Services regardless of the type of device used to access them (“**Device**”) unless such services post a different terms of use or end user license agreement, in which case that agreement (“**Other Terms**”) shall instead govern. By accessing and/or using any of the Myspace Services, you agree to be bound by this Agreement (or if applicable, the Other Terms), whether you are a “Visitor” (which means that you simply browse the Myspace Services, including, without limitation, through a mobile or other wireless Device, or otherwise use the Myspace Services without being registered) or you are a “**Member**” (which means that you have registered with Myspace). The term “**User**” refers to a Visitor or a Member. You are authorized to use the Myspace Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“**Applicable Law**”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Myspace Services, you must indicate your acceptance of this Agreement during the registration process. Thereafter, you may create your account (your “**Account**”), and its associated profile(s) (each a “**Profile**”) in accordance with the terms herein.
 
-In some instances, both this Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Myspace Services or to a service or product offered via the Myspace Services (in each such instance, and collectively, “**Additional Terms**”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Myspace Services’ [Privacy Policy](https://myspace.com/pages/privacy), [Privacy Notice](https://myspace.com/pages/eeaprivacy), [Video Privacy Policy](https://myspace.com/pages/videoprivacy), and [Cookie Policy](https://myspace.com/pages/cookiepolicy), which you accept by using the Myspace Services.
+In some instances, both this Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Myspace Services or to a service or product offered via the Myspace Services (in each such instance, and collectively, “**Additional Terms**”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Myspace Services’ [Privacy Policy](https://myspace.com/pages/privacy), [Privacy Notice](https://myspace.com/pages/eeaprivacy), [Video Privacy Policy](https://myspace.com/pages/videoprivacy), and [Cookie Policy](https://myspace.com/pages/pages/cookiepolicy), which you accept by using the Myspace Services.
 
 Information or Complaints Contact Details
 -----------------------------------------
@@ -48,7 +48,7 @@ It’s important that you read this entire Agreement; but, here are some of the
 Each time you use the Myspace Services, the posted version of this Agreement (or Other Agreement) and any Additional Terms (defined below) apply to such use so you should check for any updates.
 
 *   Myspace may terminate the Myspace Services and/or your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability, except that you may have certain refund rights related to paid Myspace Services. (Sections [2](#2) and [3](#3))
-*   You consent to our privacy practices and related cookie practices as set forth in our [Privacy Policy](https://myspace.com/pages/privacy), [Video Privacy Policy](https://myspace.com/pages/videoprivacy) and [Cookie Policy](https://myspace.com/pages/cookiepolicy). This includes sharing of certain information about you with our Viant-affiliate companies and others, and for users who reside outside of the European Economic Area (“EEA”), includes for targeted, interest based advertising. Many of your activities on the Myspace Services may be viewable or shared with other Users and the general public, including when you interact with brands and ads. [(Section 7.3)](#7.3)
+*   You consent to our privacy practices and related cookie practices as set forth in our [Privacy Policy](https://myspace.com/pages/privacy), [Video Privacy Policy](https://myspace.com/pages/videoprivacy) and [Cookie Policy](https://myspace.com/pages/pages/cookiepolicy). This includes sharing of certain information about you with our Viant-affiliate companies and others, and for users who reside outside of the European Economic Area (“EEA”), includes for targeted, interest based advertising. Many of your activities on the Myspace Services may be viewable or shared with other Users and the general public, including when you interact with brands and ads. [(Section 7.3)](#7.3)
 *   You may only use the Myspace Content on the Myspace Services in connection with your permitted activities on the Myspace Services - and not in an offline environment or in connection with another website. [(Section 6.6)](#6.6)
 *   Myspace is providing the Myspace Services to you on an “as-is” basis, without any warranty of any kind, and Myspace’s liability to you in connection with your use of the Myspace Services is very limited. Many other limitations and disclaimers relate to your use of the Myspace Services. (Sections [14](#14) and [15](#15))
 *   By using the Myspace Services, you grant us broad rights to use, exploit and disclose Content you post or make available via the Myspace Services, your profile and activity information, and your name, persona and likeness, as more fully explained below. You will not be entitled to compensation or attribution even if we or others profit from such use. (Section 6)Depending upon where you access the Myspace Services, many types of disputes that may arise in connection with your access to and use of the Myspace Services are subject to mandatory arbitration, which includes your waiver of a right to a jury trial, and a class action waiver. [(Section 17)](#14).
@@ -328,7 +328,7 @@ AGREEMENT
 
     1.  **Disputes**. Any controversy, allegation, or claim between you and Myspace arising out of or relating to the Myspace Services, the Myspace Content, the Content, this Agreement, or any Additional Terms, whether heretofore or hereafter arising are “Disputes”. References to "Myspace” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all beneficiaries of the Myspace Services.
         
-        1.  **First - Try to Resolve**. If you or Myspace becomes aware of a 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 that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 17.1.1. Your notice to us must be sent to: Myspace LLC, 8391 Beverly Blvd., #349, Los Angeles, CA 90048, Attn: Business & Legal Affairs. For a period of sixty (60) days from the date of receipt of notice from the other party, Myspace and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Myspace to resolve the Dispute on terms with respect to which you and Myspace, in each of our sole discretion, are not comfortable.
+        1.  **First - Try to Resolve**. If you or Myspace becomes aware of a 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 that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 17.1.1. Your notice to us must be sent to: Myspace LLC, 6100 Center Dr., Suite 800, Los Angeles 90045, Attn: Business & Legal Affairs. For a period of sixty (60) days from the date of receipt of notice from the other party, Myspace and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Myspace to resolve the Dispute on terms with respect to which you and Myspace, in each of our sole discretion, are not comfortable.
             
         2.  **Arbitration of Most Disputes**. If we cannot resolve a Dispute as set forth in Section 17.1.1 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 17.1, unless it is an Excluded Dispute, which shall be handled in accordance with Section 17.2.
             
@@ -346,7 +346,7 @@ AGREEMENT
             
     2.  Excluded Disputes. The following disputes constitute “Excluded Disputes” hereunder: (i) any Dispute regarding any of Myspace’s actual or alleged intellectual property rights, (ii) Disputes, to the extent that the laws of the State of California authorize may be brought in small claims court, and (iii) legal action taken by Myspace to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Myspace Services, any Content, your User Content and/or Myspace’s intellectual property rights (including such Myspace may claim that may be in dispute), Myspace’s operations, and/or Myspace’s products or services (collectively, “Injunctive Relief”).
         
-        1.  **First - Try to Resolve**. If (x) any Excluded Dispute arises, and (y) excluding Excluded Disputes involving Injunctive Relief, you and we agree to send a written notice to the other providing a reasonable description of the Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 17.2.1. Your notice to us must be sent to: Myspace LLC, 8391 Beverly Blvd., #349, Los Angeles, CA 90048, Attn: Business & Legal Affairs. For a period of sixty (60) days from the date of receipt of notice from the other party, Myspace and you will engage in a dialogue in order to attempt to resolve the Excluded Dispute, though nothing will require either you or Myspace to resolve the Excluded Dispute on terms with respect to which you and Myspace, in each of our sole discretion, are not comfortable.
+        1.  **First - Try to Resolve**. If (x) any Excluded Dispute arises, and (y) excluding Excluded Disputes involving Injunctive Relief, you and we agree to send a written notice to the other providing a reasonable description of the Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 17.2.1. Your notice to us must be sent to: Myspace LLC, 6100 Center Dr., Suite 800, Los Angeles 90045, Attn: Business & Legal Affairs. For a period of sixty (60) days from the date of receipt of notice from the other party, Myspace and you will engage in a dialogue in order to attempt to resolve the Excluded Dispute, though nothing will require either you or Myspace to resolve the Excluded Dispute on terms with respect to which you and Myspace, in each of our sole discretion, are not comfortable.
             
         2.  If we cannot resolve authorized Excluded Dispute as set forth in Section 17.2.1 within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration pursuant to Section 17.1 only if you and Myspace consent, in a writing signed by you and an officer or business and legal affairs representative of Myspace, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” and shall be governed by Section 17.1. In the absence of such agreement, Section 17.1 shall not apply to Excluded Disputes, and Sections 17.3 and 17.4 shall apply.
             
@@ -360,7 +360,7 @@ AGREEMENT
 
     This Section 18 applies to all Users of the Myspace Services, if, and only to the extent that, the mandatory laws in your country of residence do not permit arbitration of Disputes in accordance with Section 17.
 
-    1.  **Section 18 Disputes**. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Myspace Services, the Myspace Content, the Content, this Agreement, or any Additional Terms, whether heretofore or hereafter arising or to any of Myspace’s actual or alleged intellectual property rights (collectively, a “**Section 18 Dispute**”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 18 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 18.1. Your notice to us must be sent to: Myspace LLC, 8391 Beverly Blvd., #349, Los Angeles, CA 90048, Attn: Business & Legal Affairs. For a period of sixty (60) days from the date of receipt of notice from the other party, Myspace and you will engage in a dialogue in order to attempt to resolve the Section 18 Dispute, though nothing will require either you or Myspace to resolve the Section 18 Dispute on terms with respect to which you and Myspace, in each of our sole discretion, are not comfortable.
+    1.  **Section 18 Disputes**. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Myspace Services, the Myspace Content, the Content, this Agreement, or any Additional Terms, whether heretofore or hereafter arising or to any of Myspace’s actual or alleged intellectual property rights (collectively, a “**Section 18 Dispute**”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 18 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 18.1. Your notice to us must be sent to: Myspace LLC, 6100 Center Dr., Suite 800, Los Angeles 90045, Attn: Business & Legal Affairs. For a period of sixty (60) days from the date of receipt of notice from the other party, Myspace and you will engage in a dialogue in order to attempt to resolve the Section 18 Dispute, though nothing will require either you or Myspace to resolve the Section 18 Dispute on terms with respect to which you and Myspace, in each of our sole discretion, are not comfortable.
         
     2.  **Jurisdiction**. The parties agree that the state or federal courts in Los Angeles County, California shall have non-exclusive jurisdiction of any Section 18 Dispute.