my Muse myMuse online Sales Terms
myMuse Online Sale Terms
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (“ONLINE SALE TERMS”). THE ONLINE SALE TERMS REFERENCE AND INCORPORATE THE MYMUSE TERMS AND CONDITIONS (“TERMS”) AND ANY APPLICABLE SERVICE AGREEMENT BETWEEN YOU AND MYMUSE (COLLECTIVELY, THE “AGREEMENT”). YOUR SALE AND/OR PURCHASE OF GOODS AND SERVICES ON THE SITES OWNED AND OPERATED BY ARTIST TRIBE LLC (“MY MUSE”) IS SUBJECT TO YOUR COMPLIANCE WITH THE AGREEMENT. THE ONLINE SALE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITES. BY PURCHASING AND/OR SELLING GOODS AND SERVICES ON THE SITES, YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT. THE AGREEMENT SHALL REMAIN IN EFFECT AFTER TERMINATION OF YOUR USE OF THE SITES. IF YOU DO NOT ACCEPT THE AGREEMENT, PLEASE DO NOT ACCESS AND USE THE SITES. CAPITALIZED TERMS THAT ARE NOT OTHERWISE DEFINED IN THE ONLINE SALES TERMS HAVE THE MEANING SET FORTH IN THE TERMS.
myMuse Store
Registered Users may purchase products and services directly from myMuse on the Sites. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the Sites may contain typographical errors or may be incorrect, incomplete or not current. myMuse periodically adds, updates and corrects the information and documents on the Sites without notice, and may do so after you have submitted your order on the Sites. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise credit, with a value at least equal to the amount charged to your credit card. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
Delivery
Products will be shipped FOB Shipping Point to the address designated by you at the time of purchase. The risk of loss and title to items purchased from myMuse pass to you as the purchaser upon delivery of the purchased items to the carrier for shipping.
Returns
All sales are final, non-cancelable and nonrefundable except as otherwise expressly set forth below. Merchandise must be inspected by customer upon delivery. Only damaged products may be returned for a refund, or apparel exchanged for the same item in a different size, and then only within five (5) business days of delivery thereof. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be returned in original shipping containers.
Disclaimer
PRODUCTS ARE SOLD "AS-IS" AND MYMUSE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MYMUSE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS. MYMUSE DOES NOT REPRESENT OR WARRANT THAT PRODUCTS ARE RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
myMuse Marketplace
If you are a Registered User of the Sites, you may purchase goods and services on the Sites from certain of our Members and Commercial Users for your own personal, non-commercial use, subject to the Agreement. myMuse is not responsible for monitoring or evaluating, and does not warrant the product and service offerings of, any of these individuals or businesses or the materials and information made available by them on the Sites or elsewhere. myMuse does not assume any responsibility or liability for the actions, products, services and content of these Members and Commercial Users and any other third parties.
If you are a Member or a Commercial User of the Sites, you may offer and sell goods and services on the Sites, subject to the Agreement. You are charged a commission by myMuse (“Commission”) if your item is sold or is purchased. You will be charged a Commission whether or not you complete the sale with the purchaser. By making available goods and services on the Sites, you agree to pay all Commissions charged to you. You may not circumvent or manipulate the myMuse Commission structure, the billing process, or Commissions owed to myMuse.
You are prohibited from soliciting purchases in any manner which is deceptive or fraudulent or which would violate any laws (including, without limitation, consumer protection laws, of any jurisdiction), regulations or myMuse policies. You must state prominently and unambiguously the price of the goods and services you offer. You must deliver the items purchased from you, unless the purchaser fails to comply with your sales terms. You may not offer to sell or sell alcohol, explosives, firearms, artifacts, counterfeit goods, unauthorized copies or other materials or services that myMuse prohibits in its sole discretion.
You are prohibited from using the Sites, including the payment processing services made available on the Sites, for any sales transaction which (a) is in violation of any federal, state or local law, or of the rights of any third parties; (b) is in violation of intellectual property rights, including trade secret protections, trademarks, copyrights or patents; or (c) would constitute defamation, libel, slander, child pornography, or a violation of rights of privacy or publicity.
General Terms
If you have any questions regarding the online billing of you purchase or sale, please contact Customer Service . For all other questions, please contact myMuse.
You may not use the Sites to sell or promote any third party products, services or enterprises, or to promote, solicit or participate in multi-level marketing or pyramid schemes.
The Online Sales Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law.
You will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and myMuse reserves the right to collect such taxes or other fees from you at any time.
Limitation on Liability
IN NO EVENT WILL MYMUSE OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF MYMUSE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYMUSE'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 BY YOU TO MYMUSE FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO MYMUSE FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MYMUSE, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under the Online Sales Terms. All such attempted transfers, assignments, sublicenses or pledges are void.
The Agreement is the entire agreement between you and myMuse with respect to the subject matter hereof and shall not be modified except in writing signed by both parties or by a new posting or notification by myMuse as described in the Agreement. Such modifications shall supersede all prior agreements between you and myMuse. Your continued use of the Sites indicates your acceptance of all such modifications.