The Muse Terms of Use
Last Updated: August 18, 2008
WelcomeWelcome to Muse- the first online tool to inspire brides to create and share their wedding experiences. All products and services found on Muse are operated by the Muse Weddings, Inc. ("we," "us," "Company" or "Muse"). When using the Muse website (the "Site") you agree to be bound by these Terms of Use (this "Agreement"). In addition, if you are an individual that wants to become a member of Muse (a "Member"), communicate with other Members, and make use of the Muse services (the "Service"), you must read this Agreement and indicate your acceptance of its terms. If you agree to the terms below, follow the instructions during the "Sign-Up" process and check the box labeled "I agree to Muse's Terms of Use." If you do not agree to the terms below, do not use or access (or continue to use or access) the Service or the Site. Our Terms of Use will be updated at our discretion. Check and review the Site to determine if any changes have been made to these Terms of Use.
These terms are designed to protect Muse members. To help maintain a safe, fun and inspirational environment at Muse, you must agree to the following Terms of Use.
1. EligibilityThis Site is made for adults. Specifically, for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18, is in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and abide by all of the terms and conditions of this Agreement. If Membership in the Service is prohibited in your location than this Terms of Use is null and void.
2. TermThis agreement will remain in full force and effect while you use the Site and/or are a Member. You may end your membership at any time by following the instructions on the My Account page. We also reserve the right to terminate your membership for any reason, at any time. When your membership is terminated, this Agreement will remain in effect, including sections 3-17.
3. Accurate InformationBy using the Site, you agree to (a) provide accurate, current and complete information about yourself on the Site ("Registration Information"); (b) keep your username and password secure; (c) maintain any changes to your Registration Information and to keep it accurate, current and complete; and (d) take responsibly for anything you post or do while using your account.
4. Paid ServiceYou acknowledge that Muse reserves the right to charge for Muse Services and to change its fees from time to time in its discretion. If we offer any paid services on our site, and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused fees.
5. Content and Code of Conduct. Our Content: Propriety Rights and TrademarksMuse owns and retains all proprietary rights in the Site and the Service. All Muse Logos, specifically on the home page, for bride, groom, guest and vendor sign-in, are trademarks of Muse and can not be duplicated. Any and all content on Muse that is available through the Service, including but not limited to logos, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Muse, its users or its licensors with all rights reserved. Except for any information which is in the public domain, no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part without our prior written consent. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Muse Services contain Content which is protected by copyright, trademark, patent, trade secret and other laws, and Muse owns and retains all rights in the Muse Content and the Muse Services. Muse hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Muse Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the MuseServices.
Your Content: Limited LicenseMuse does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (the "User Content") that you post to the Muse Services. After publishing User Content, you continue to retain all ownership rights, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing any User Content, you hereby grant to Muse a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Muse Services. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. This license is revocable at any time without notice and with or without cause. The license you grant to Muse is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Muse), fully-paid and royalty-free (meaning that Muse is not required to pay you for the use on the Muse Services of the User Content that you post), sublicensable and worldwide. This license will terminate at the time you remove your User Content. The license does not grant Muse the right to sell or distribute your User Content.
Code of ConductA. You are solely responsible for the User Content that you publish on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Content is not necessarily reviewed by Muse prior to posting and does not necessarily reflect the opinions or policies of Muse. We make no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Members.
B. You represent and warrant that: (i) you own the User Content posted by you on or through Muse or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Muse Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Muse Services.
C. Muse Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Muse. Illegal and/or unauthorized use of the Muse Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Muse Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Muse Services.
D. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harass or advocate harassment of another person;
3. exploit people in a sexual or violent manner;
4. publish content containing nudity, violence, or offensive subject matter;
5. link to an adult website;
6. solicit personal information from anyone under 18;
7. provide any telephone numbers, street addresses, last names, URLs or email addresses;
8. promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9. promote an illegal or unauthorized copy of another person's copyrighted work;
10. transmit "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
11. promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicit passwords or personal identifying information for commercial or unlawful purposes from other Members;
13. promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
14. publish a photograph of another person that you have posted without that person's consent.
You may not publish, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and published on the Site without your permission or in any other way that constitutes copyright infringement, please contact us.
7. Member DisputesYou are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. We also reserve the right to take any action that we feel may be appropriate in our sole discretion.
8. PrivacyUse of Muse Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Click here to view our Privacy Policy.
9. DisclaimersMuse is not responsible for any incorrect or inaccurate Content Posted on the Site or in connection with the Service, whether caused by users of the Site, third-parties, advertisers, corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Site or the Service. Profiles created and posted by Members on the Site may contain links to other websites. Muse is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Muse. Inclusion of any linked website with the Service does not imply approval or endorsement of the linked website by Muse. When you access these third-party sites, you do so at your own risk. Muse takes no responsibility for third party advertisements which are posted on the Site or through our Service, nor does it take any responsibility for the goods or services provided by its advertisers.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Muse assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or media devices on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Site, any Member, or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site, or otherwise in any way in connection with the Service. The Site and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site or the Service.
10. Limitation on LiabilityEXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL MUSE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF MUSE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUSEWEDDINGS.COM FOR THE MUSE SERVICES DURING THE TERM OF MEMBERSHIP. IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000.
11. Governing Law, Venue & JurisdictionBy visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Muse or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and 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 New York.
12. DisputesIf there is any dispute between you and Muse, you agree that ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE Terms of Use SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Any dispute settled by arbitration must utilize the dispute resolution procedures of the American Arbitration Association (AAA) in the State of New York, USA, provided that the foregoing shall not prevent Muse from seeking injunctive relief in a court of competent jurisdiction.
In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
13. IndemnityYou agree to indemnify and hold Muse its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
14. OtherThis Agreement is accepted upon your use of the Site or any of the Muse Services and is further affirmed by you becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Site or the Service sent to you or posted on the Site, which are incorporated herein by this reference, constitutes the entire agreement between you and Muse regarding the use our Site and Services. The failure of Muse to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
ContactPlease contact us with any questions regarding our Terms of Use.
