Musea Terms & Conditions
Welcome to Musea! Musea provides photographers a link to their customers so that they may view and purchase the photographers artwork via the worldwide web (collectively “Service(s)”). However, before you enter the Musea site (the “Site”) or use any of the Musea Service(s), you must carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in any off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Musea that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact our support team firstname.lastname@example.org. Your use of the Site and the Service(s) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service(s).
Terms of Membership
Musea membership (“Membership”) is available to you if you are at least 18 years of age and submit certain requested information to Musea, including your name and correct email address. When you become a Member, you must provide Musea with true, accurate, current, and complete information about yourself when such information is requested by the Service(s) (whether by questionnaires, surveys, registration forms, or other informational requests). If you are under 18 years of age and desire a Membership, please contact our support team at email@example.com.
A condition of Membership is your “Active Participation” in the Service. Active Participation is defined as submitting Content to the Site, or purchasing (or having a purchase made through your Membership) photo or video merchandise, including reprints and enlargements, through the Service(s) at least once every 365 days. If you cease Active Participation for any reason, Musea may terminate your Membership (or any part thereof) and your use of the Service(s), and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively “Content”) uploaded by you or otherwise made available by you within the Service(s).
I. The Service(s)
Musea offers the Serivce(s) to Members who maintain Active Participation. In connection with the Service(s), Musea may limit the formatting on the images uploaded to the Site and/or the amount of time images are actively posted on the Site.
YOU SHOULD ALWAYS PRESERVE YOUR ORIGINAL CONTENT, OR MAKE BACK-UP COPIES OF SUCH CONTENT, ON YOUR PERSONAL SYSTEM. YOU SHOULD NOT USE THE SERVICE(S) AS THE ONLY REPOSITORY OR OTHER SOURCE FOR YOUR CONTENT.
II. Member Conduct
Users of the Service(s), whether or not Members, may not use the Service(s) to create Prohibited Content. Generally, Prohibited Content includes Content or other material that Musea believes:
• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
• Comprises copyrighted material used without the express permission of the owner;
• Violates or otherwise encroaches on the rights of others;
• Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
• Advocates illegal activity;
• Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;
• Uses any high volume automated means (including robots, spiders or scripts) to access the Service;
• Broadcasts or sends any form of advertising, mass communication or solicitation to Musea users;
• Harms anyone, including minors; or,
• Provides a link to any of the above
You agree that you will not use the Site to:
• Transmit spam, bulk or unsolicited communications;
• Pretend to be Musea or someone else, or spoof Musea’s or someone else’s identity;
• Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Service(s);
• Misrepresent your affiliation with a person or entity;
• Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website;
• Engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
• Collect or store personal data about other users unless specifically authorized by such users.
Musea has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Musea does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Musea may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Serviced on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
Musea in no way guarantees the accuracy, quality, or appropriateness of Content available through use of the Service(s).
In order for Musea to make your Content available to you and your invitees, as well as to use images to offer you a special variety of online services, Musea needs the rights to make use of all Content in connection with the Service(s), in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant Musea a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for providing or improving the Service(s). As a condition to Membership, you represent and warrant to Musea that you either own your Content or have written permission from the copyright owner to make such Content available on the Site and part of the Service(s).
You are solely responsible for any copyright violations that you may incur as a result of your activities on Musea.
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and a Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site without the written permission from the originating artist.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS MUSEA, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “MUSEA AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE(S) (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
VI. Limited Warranty
IN NO EVENT WILL MUSEA OR MUSEA AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MUSEA AND MUSEA AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MUSEA MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. MUSEA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
VII. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, MUSEA WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Musea may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service(s), and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Musea elsewhere within the Service, or (ii) conduct Musea believes is harmful to other Musea users, the business of Musea, or Affiliates, or (iii) failure to maintain Active Participation in the Service. Musea will not be liable to you or any third-party for any termination of your access to the Service.
IX. Choice of Law
The State Courts located in Franklin, Tennessee or the Federal Court located in the Middle District of Tennessee are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Tennessee.
X. Modification of Terms
Musea may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Musea will be prospective only.
XI. Entire Agreement
These Terms constitute the entire agreement between you and Musea governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
The failure of Musea to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.