Last revised on Dec, 2024
Welcome to Musee. (Herein "Musee").
By accessing or using the Musee mobile application, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Musee account. If you wish to create a Musee account and use the Services, Please review the terms described herein carefully.
By accessing or using our Services, you must be at least 18 years of age to create an account on Musee. By creating an account and using the Service, you represent and warrant that you are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify Musee immediately at [email protected].
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT Musee DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. Musee MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services.YOU AGREE THAT MUSEE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS.
Your privacy is important to us. Please carefully review our privacy policy. Our privacy policy details the way we collect, use and disclose information about you.
For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.
Musee does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Musee and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of any countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services you hereby grant to Musee a perpetual, non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). If you want to terminate this license at any time, please email [email protected]. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Musee on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it from your profile.
Subject to your compliance with these Terms, Musee grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Each user is responsible for any content or information they post or transmit in the Services and Musee assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You shall not make available in the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person. Musee assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct, and has no obligation to monitor player content. To the extent Musee becomes aware of any player content it shall have the right, in its sole discretion, to edit, refuse to post, or remove any player content. As you use the Services, Musee may monitor and/or record your use of the Services and/or communications while you are playing the Services and you hereby provide your irrevocable consent to such monitoring and recording.
Your use of the Services shall be for non-commercial purposes, which means you shall not gather Virtual Currency or Virtual Goods for sale or trade nor shall you sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Currency or Virtual Goods associated with your Account to anyone without Musee's written permission. You hereby represent and warrant that you have not and will not access or use an Account, Virtual Currency or Virtual Goods that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Musee's consent. In addition, you shall not:
1.Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or incite stalking, harassment, abuse or harm of another person or group.
2. Post any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content or information or any content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
3. Inappropriately solicit or attempt to solicit personal information from other users of the Services, nor shall you harvest or post anyones private information, including personally identifiable or financial information in or through the use of the Services.
4. Advertise, spam or distribute any malware, spyware or other malicious content in or through the Services.
5. Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations.
6. Disrupt, overburden, of any server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other player's use or enjoyment of the Services.
7. Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
9. Attempt to gain unauthorized access to the Services, player accounts registered to others or to the servers, or networks connected to the Services by any means other than the Services' user interface.
This provision is not meant to be exhaustive, and Musee reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Services. Musee reserves the right to (a) disable, ban, suspend or deactivate any user's use of or access to the Musee, or (b) terminate any user's Musee account, for any reason whatsoever and without notice, if Musee believes that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe. And Musee is not required to disclose, and may be prohibited from disclosing, the reason for the termination or suspension of your account.
Musee reserves the right to investigate and ask for certification materials to reactivate your account, if your account was (a) disabled, banned, suspended or deactivated or (b) terminated.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Musee may offer certain features, content, or services that are available for purchase within the app. These purchases may include, but are not limited to, subscriptions, virtual goods, or other premium content. By making an in-app purchase, you agree to pay the applicable fees, as well as any taxes, as described at the time of the purchase. All payments for in-app purchases are processed through the app store platform (e.g., Apple App Store, Google Play), and you are subject to their terms and conditions. Please note that purchases are non-refundable unless otherwise specified by the app store's policies. You can manage or cancel your in-app purchases and subscriptions directly through your account settings on the app store platform.
Musee may, from time-to-time provide third party content in the Services and may provide, as a service, links to web pages and content of third parties ("Third Party Content"). Musee does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by Musee, Musee does not endorse or adopt, and is not responsible or liable for, any Third Party Content. Musee does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Musee undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Musee and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Musee may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
You agree that the provisions of this section will survive any termination of your account or of the Services. THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY MUSEE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUSEE DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Musee BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES (INCLUDING BUT NOT LIMITED TO MOMENTS, COMMENTS ON MOMENTS, REVIEW TAGS AND PROFILE INFORMATION ETC), INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MUSEE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Musee FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MUSEE ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, MUSEE, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
Musee shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.
The failure of Musee to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.