Welcome to myMuse. Please read these Terms of Use carefully before using the myMuse websites and services.
Please be advised that many terms, provisions and available features referenced herein may not be applicable to the myMuse university & association network or their students & members. For further details, you may send your concerns or questions to the muse team at: webmaster@mymuse.com
1. Acknowledgment and Acceptance of Terms
myMuse.com, myMuseJobs.com, and all text, graphics, design, code incorporated therein and all services provided thereby (collectively, the "Sites") are operated by Artist Tribe, LLC ("We," "Us," or "myMuse"). Your access to and use of the Sites are subject to the terms and conditions set forth on this page and the myMuse terms and policies to which this page refers ("Terms"). By using the Sites in any capacity, you indicate your acceptance of these Terms and the myMuse Privacy Policy. The Terms shall remain in effect after termination of your use of the Sites. If you do not accept these Terms, please do not access and use the Sites.
2. Modifications to the Terms
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY THE TERMS AT ANY TIME BY POSTING A NOTICE ON THE SITES, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE SITES OR ANY MYMUSE SERVICES BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AS MODIFIED. YOU AGREE TO REVIEW THE TERMS REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES.
3. General Eligibility
You must be eighteen years old or older to use the Sites. By using the Sites, you represent and warrant to myMuse that you have the right, authority, and capacity to enter into, and abide by, the Terms and the Privacy Policy.
4. Registration and Membership
You may visit the Sites as a guest without registering with the Sites ("Guest(s)"). Guests may view an online tour of the Sites and may from time to time be permitted access to certain other designated content on the Sites, at the discretion of myMuse. If you are an individual, you may register with the Sites to become a registered visitor ("Registered Visitor"). Registered Visitors may access areas of the Sites available for general viewing and other areas of the Sites designated by our Members, described below, for public viewing, or as otherwise indicated in an applicable Service Agreement, as described below.
During the registration process, you may indicate your interest in becoming a Member of the Sites. Members are individuals who have been accepted for membership by myMuse based upon their declaration during the registration process of a creative interest that is recognized in the myMuse community. myMuse may grant membership at its sole discretion, and all membership decisions of myMuse are final.
Commercial entities may enter into written service agreements with myMuse ("Service Agreements") to use specific features of the Sites as agreed with myMuse in a Service Agreement ("Commercial Users"). A "User" is a Guest, Registered Visitor, Member or Commercial User.
By registering with the Sites, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, myMuse may reject your registration and/or membership and terminate your right to use the Sites. You may terminate your registration and/or membership at any time; however, the Terms shall remain in effect after termination of your registration or membership for any reason.
5. Fees
Certain services and features of myMuse are made available in exchange for fees as set forth in the Terms. myMuse may charge fees for all or some of the Sites´ services in its sole discretion. If myMuse terminates your registration or membership because of your breach of the Terms, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law.
6. Use of the Sites and Site Content
The Sites include data, text, software, audio, images, photographs, graphics, video, messages, files or other materials (collectively, the "Site Content"). The Site Content may include certain materials which may be owned by third parties ("Third Party Content") or may comprise User Content, as described below. The Site Content may be subject to terms and conditions in addition to the Terms ("Third Party Terms").
The Site Content is presented solely for the purpose of providing Guests, Registered Visitors and Members opportunities of personal enjoyment and professional development by offering materials, events and products. myMuse is the sole interpreter of the Sites´ intended and acceptable use and purpose.
No part of the Sites may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except as otherwise permitted in the applicable Third Party Terms, which may provide for payment and further restrictions on use or distribution. Without limiting the generality of the foregoing, you may not distribute any part of the Sites over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, the Sites may not be used to construct any kind of database.
myMuse grants permitted Users a revocable, non-transferable, non-sublicensable, non-exclusive right to access and view, display, print (in the case of text and graphics) and listen to, on your computer, the Site Content, subject to the following conditions:
(a) Site Content may be used only for the purposes permitted in the Terms.
(b) Site Content may not be modified or be reproduced.
(c) Copyright, trademark, and other proprietary notices may not be removed from the
Site Content.
(d) Additional terms and conditions, including Third Party Terms, may also apply.
Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or any Site Content made available on the Sites, through the use of framing, "deep linking," use of a "robot," "bot," "spider," "data mining" or similar automated method, or otherwise, except: (i) as otherwise expressly permitted by these Terms; or (ii) with the prior written permission of myMuse or such third party that may own the trademark or copyright of the relevant material displayed on the Sites. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Sites for use in connection with leading search engines and Internet directories.
7. myMuseJobs
"myMuseJobs" is a listing of available job openings and positions sought ("Listings´) and databank of Member resumes ("Resume Service") in the creative professional community for Members and for Commercial Users that access the Sites for the purpose of seeking candidates for employment ("Employers"). Use of myMuseJobs is subject to the myMuseJobs Terms
Members seeking positions or commissions may access the Listings to seek job opportunities. Members may also submit their resume to the Resume Service to be accessed by Employers and post notices for positions or commissions in the Listings.
Employers may post notices of individual open positions for employees or independent contractors for a fee or otherwise in accordance with the Employers´ applicable Service Agreement, if any. Employers may also access the Resume Service to seek candidates for employment for a fee or otherwise in accordance with the Employers´ applicable Service Agreement, if any.
8. myMuse Personal Connections
"myMuse Personal Connections" is a personal match service for subscribing Members. Members who use myMuse Personal Connections must comply with the myMuse Personal Connections Terms Members who wish to subscribe to myMuse Personal Connections may do so for a fee
9. myMuse Online Sales
myMuse offers a service for Registered Users to purchase, and Members and Commercial Users to sell, products and services by means of the Sites. Permitted Users may also purchase products made available directly from myMuse on the Sites. Permitted Users who wish to sell products and services or who seek to purchase such offerings by means of the Sites must agree to comply with the myMuse Online Sale Terms
10. Information Privacy
The myMuse Privacy Policy specifies how myMuse collects, stores, uses and shares Users´ personal information and is hereby incorporated by reference.
10. User Content
Each User is solely responsible for any data, text, software, audio, images, photographs, graphics, video, messages, files or other materials which is transmitted, posted, distributed or otherwise made available by such User on or through the Sites (collectively, "User Content").
By submitting User Content:
- You agree not to knowingly post content that infringes in any way or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party.
- You agree not to post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable, as determined by myMuse in its sole discretion.
- You agree to submit User Content for only those purposes permitted on the Sites. You may not attempt to post submissions to sell or promote any products, services or enterprises except for the goods and services you create or perform, in accordance with purposes permitted on the Sites. You may not promote, solicit or participate in multi-level marketing, pyramid or other schemes.
- You agree to participate on the Sites honestly and in compliance with the law. You are prohibited from impersonating any other person, including but not limited to, an agent, employee or officer of myMuse. You may not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Sites or in connection with your use of the Sites, in any manner.
- You hereby (a) grant to myMuse a worldwide, irrevocable, transferable, sublicensable, royalty-free, non-exclusive license to use, reproduce, modify, create derivative works from, distribute, perform, and display your User Content, in whole or in part, in any form, media or technology, now known or hereafter developed, solely on, or in connection with, the Sites, and (b) represent and warrant that you have sufficient rights in the User Content to grant such license. For the avoidance of doubt, myMuse does not claim any rights in User Content other than as expressly granted herein.
- You agree that you are prohibited from using the Sites to invade the privacy or violate any personal or proprietary right of any person or entity. You acknowledge that you are solely responsible for adopting measures, including without limitation encryption, to prevent the unauthorized distribution of confidential or proprietary information contained in your User Content.
- You agree that you are not permitted to submit or otherwise transmit any software or other material that contains a virus or other harmful code or device. You may not use the Sites to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
-You agree to immediately notify myMuse of any unauthorized use of the Sites of which you know or suspect.
-You agree that any violation of the Terms or of our Community Guidelines which are hereby incorporated by reference, may result in termination of your privileges as a User on the Sites, and legal action may also be taken.
11. Site Content
You acknowledge that myMuse is not responsible for User Content submitted to the Sites by Users. Although myMuse does not review, monitor or edit the User Content, myMuse and its designees reserves the right at their sole discretion, but are not obligated, to refuse or remove any User Content, in whole or part, for any reason. myMuse is not responsible for any removal of User Content or failure or delay in removing User Content.
By using the Sites you understand and agree that you may be exposed to User Content posted by other users that you may find to be offensive, indecent or objectionable. Under no circumstances will myMuse be liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed or otherwise transmitted via the Sites.
12. Modifications to the Sites
myMuse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part of the Sites, with or without notice and without cost. Furthermore, the Sites may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that myMuse will not be liable to you or to any third party for any modification, suspension, malfunction or discontinuance of the Sites.
13. Intellectual Property Rights
The Sites and the Site Content are the property of myMuse and its licensors, and are protected from unauthorized reproduction and dissemination by
United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners.
14. Indemnification
By using the Sites, you agree to defend, indemnify and hold myMuse, and/or the participating university and its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (a) your use or misuse of the Sites, including, without limitation, the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Site Content (including, without limitation, all User Content) or other materials by you or others authorized by you, (b) any products or services made available by you on the Sites, (c) your breach of the Terms, or (d) your acts or omissions, including without limitation, those resulting in injuries and property damage. myMuse, and/or the participating university reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with myMuse, and/or the participating university in asserting any available defense.
15. Linked Sites
You may be able to link to or otherwise access third parties' sites ("Linked Sites") from the Sites. Linked Sites are not, however, reviewed, controlled, or examined by myMuse in any way, and myMuse is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, including any additional links contained therein. A link or other source of access to any outside site does not imply that myMuse endorses or accepts any responsibility for the content or use of such a site, and any reference on the Sites to any third party or third party product or service should not be construed as an approval or endorsement by myMuse of that third party or of any product or service provided by a third party.
It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under law related to the use of such Linked Sites and any content contained therein. In no event shall myMuse be liable to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through the Linked Sites. myMuse reserves the right, at its sole discretion, to remove, without notice, any link to any of the Linked Sites from the Sites.
16. Dealings with Advertisers and Users
Your correspondence or dealings with advertisers or Users through the Sites, including, without limitation, payment and delivery of related goods or services, are solely between you and such advertiser or User. You agree that myMuse is not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or Users on the Sites. myMuse is not responsible for the actions of Users or third parties. As a convenience to its Users, myMuse provides online billing and other services by means of third party providers. You are responsible for reviewing and complying with such third party provider terms and privacy policies as such terms and policies may change from time to time.
17. Legal Compliance
You are prohibited from using the Sites in any manner that would violate any law, rule or regulation in any jurisdiction. You agree to immediately notify myMuse of any unauthorized use of the Sites of which you know or suspect. You agree that any violation of the Terms may result in termination of your privileges as a User on the Sites, and legal action may also be taken.
18. Disclaimer of Warranties
SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE BY MEANS OF THE SITES ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, MYMUSE DOES NOT WARRANT THAT: (i) THE SITE CONTENT AND/OR ANY USER CONTENT IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SITES OR THE SERVER(S) THAT MAKE EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYMUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL USER CONTENT, PROVIDED ON THE SITES AND/OR ALL PRODUCTS AND SERVICES MADE AVAILABLE BY MEANS OF THE SITES, AND MYMUSE DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MYMUSE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SITE CONTENT (INCLUDING, WITHOUT LIMITATION, THE USER CONTENT) AND/OR PRODUCTS AND SERVICES MADE AVAILABLE BY MEANS OF THE SITES, EVEN IF MYMUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MYMUSE´S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITES AND ANY PRODUCTS AND SERVICES MADE AVAILABLE ON THE SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW, WHICHEVER IS GREATER.
20. Repeat Infringers
myMuse maintains a policy for the termination of users of the Sites who are repeat copyright infringers. Notices of infringing User Content should be sent to our Copyright Agent.
21. Jurisdiction
myMuse makes no representation that Site Content is appropriate or available for use outside the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
22. Enforcement
These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Los Angeles, California, under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys´ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement, and myMuse shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. myMuse may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
23. Entire Agreement
The Terms are the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting or notice by myMuse, as described herein.
24. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. All such attempted transfers, assignments, sublicenses or pledges are void.
25. For Upload Media In Galleries
Please upload only content that you own or have the written permission to exhibit.Any variation from this policy may result in the termination of your account. Have fun!
26. For Additional Information
If you have any questions about the Terms, please contact myMuse in writing at the following address:
Address
Telephone Number:
Facsimile:
Email: customer support
Any questions regarding the Privacy Policy should be sent in writing to the following addresses:
Address
Telephone Number:
Facsimile:
Email: privacy@mymuse.com