Thank you for visiting Musely.com and its mobile apps (these websites and apps, along with any new websites and apps introduced, owned and operated by Trusper Inc., the “Site”) and Trusper’s market place platform (the “Services”). These websites and apps are owned and operated by Trusper Inc., its affiliates and licensors (collectively, “we”, “us”, “our”, the “Company”, or “Trusper”). Any person who wants to use the Services to sell, promote, or purchase items must accept the terms and conditions of this Participant Agreement (the “Agreement”) without change. By Registering and using the Services, you agree to be bound by all terms and conditions of this Agreement, and all policies and guidelines of the Site are incorporated by reference.
If Trusper significantly amends this Agreement, Trusper will provide you at least seven (7) days' notice before the changes take effect by sending a notice to the email address registered to your account, or by placing a notice on the Site, during which period of time you may reject the changes by terminating your account. Your continued use of the Services after any such change constitutes your acceptance of the amendments to this Agreement. This Agreement applies to all visitors who access the Service ("Users").
Certain Users may use the service in order to sell and/or offer to sell certain products (the "products"). If you use the Service to sell and/or offer to sell certain products, you are a Seller. The Seller Addendum contains specific provisions applicable to you if you are using the Service as a Seller. Please review the Seller Addendum carefully.
Certain Users may use the Service in order to promote certain products sold by Sellers. If you use the Service to promote such products, you are a Muse. The Muse Addendum contains specific provisions applicable to you if you are using the Service as a Muse. Please review the Muse Addendum carefully.
Certain Users may use the Service in order to purchase certain products sold by Sellers. If you use the Service to purchase products, you are a Buyer. Section 3 of this Agreement contains specific provisions applicable to you if you are using the Service as a Buyer. Please review the terms of Section 3 carefully.
1. Musely is a Marketplace
Musely acts as a marketplace to allow Sellers to offer and sell products to Buyers and also permits Muses to promote products to Sellers. Trusper is not directly involved in the transaction between Buyers, Muses and Sellers. Trusper is not the owner of the products, does not ever take possession or control of the products, nor does it ever transfer legal ownership of items from the Seller to the Buyer. Rather, Buyers are purchasing the products from the Sellers. As a result, Trusper has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. Trusper cannot ensure that a Buyer or Seller will actually complete a transaction.
Trusper cannot guarantee the true identity, age, and nationality of a Seller, Muse or Buyer. Trusper encourages you to communicate directly with potential transaction partners through the tools made available by Trusper.
You agree that Musely is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Sellers, Muses, or outside parties on Trusper. You use the Trusper service at your own risk. Trusper is not required to report or remit to any taxing authority any state or local sales, use, or other transactional tax on sales of product by Sellers. Sellers are solely responsible for any and all reporting and remittance of such taxes, where applicable.
2. Membership Eligibility
2.1 Trusper's Seller, Muse and Buyer Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Trusper may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Trusper's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the Seller or Muse and is responsible for any and all activities.
2.2 Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Trusper's policies as stated in the Agreement and the Trusper policies as well as all other operating rules, policies and procedures.
2.3 Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Trusper of any unauthorized use of your password or any breach of security. You also agree that Trusper cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Trusper without Trusper's express written permission.
2.4 Account and Payment Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell or promote items on Trusper you must provide and maintain a valid Stripe or other payment systems account approved by Trusper. You must agree to the Stripe Connect Account Agreement or the terms of another payment systems account which has been approved by Trusper.
2.5 Right to Refuse Service: Trusper's services are not available to temporarily or indefinitely suspended Trusper members. Trusper reserves the right, in Trusper's sole discretion, to cancel unconfirmed or inactive accounts. Trusper reserves the right to refuse service to anyone, for any reason, at any time.
3. Buyer Terms
3.1 Understanding Trusper's Limitations as a Venue. Trusper provides a venue for Buyers to discover, learn about, and enter into transactions with Muses and Sellers around the world. It is important to note, however, that Trusper is not a part of that transaction. By shopping on Trusper, you understand that:
- (a) You are not buying products from Trusper, but from one of the many Sellers on Trusper
- (b) Trusper does not guarantee or endorse any items sold on Trusper or any content posted by Sellers or Muses (such as photographs or language used in listings or store policies)
- (c) Each Seller on Trusper has their own processing times, shipping methods, and shop policies.
- As a member of the community, you have the opportunity to flag an item or a store that violates any of Trusper's policies. Flagging is confidential.
3.2 Purchasing an Item on Trusper. By making a purchase from a Seller on Trusper, you agree that you:
- (a) Have read the item description and store policies before making a purchase
- (b) Have submitted appropriate payment for item(s) purchased
- (c) Have provided accurate shipping information to the Seller.
- (d) May be required to remit state and local use tax, where applicable.
3.3 Items You Purchase. You understand that Trusper does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are sold by independent Sellers, so Trusper cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Trusper from any claims related to items sold through our Services, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
3.4 Reporting a Problem with an Order or Returning an Item.
- (a) Returning an Item. You may return an item if it is within 30 days of purchase. Each Seller has his or her own return policies, which should be outlined in their Store Policies.
You may request for a refund in the following cases:
(b) Non-Delivery. A Non-Delivery occurs when a Buyer places an order and submits payment, but the Seller does not ship the item or does not ship the item to the correct address. The following are examples of Non-Delivery cases:
- (i) An item was never sent.
- (ii) An item was sent to an address that is not on the Trusper receipt or was not verified through Chats or USPS address verification.
- (iii) There is no proof that the item was shipped to the Buyer's address.
(c) Not-as-Described. An item is Not as Described if it is materially different from the Seller's listing description or photos. Here are a few examples of Not as Described cases:
- (i) The item received is a different color, size, flavor, or scent.
- (ii) The item was advertised as authentic but is not authentic.
- (iii) A Buyer purchased three items but only received two, or received the wrong item.
- (d) Item is damaged
- (e) Requesting a Cancellation. You may request a Cancellation if the product has not been shipped yet.
3.5 Leaving a Review. You can review Muses and you can review Sellers. Reviews are a great way to learn about a Muse or Sellers reputation, as well as Seller's items. But it's also a great way to help the Muses/Sellers you like succeed, and helps the community by warning them of bad products or Muse/Sellers.
By leaving a review or photograph, you acknowledge that:
(a) Your review and/or photograph and profile information will be publicly displayed on the Muse and Seller's listing and review pages.
(b) Reviews and photographs may not:
- (i) Contain private information;
- (ii) Contain obscene, racist, or harassing language or imagery;
- (iii) Contain medical or drug claims or information;
- (iv) Contain advertising or spam;
- (v) Be about things outside the Seller's control, such as a shipping carrier, Trusper or a third party; or
- (vi) Undermine the integrity of the Reviews system.
(c) Extortion is not allowed on Trusper. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Trusper. Examples of extortion include the following:
- (i) A Buyer leaves a negative review in an attempt to force the Muse or Seller into providing additional items that were not agreed upon in the original transaction.
- (ii) A Buyer leaves a negative review in an attempt to force the Seller into providing a refund when a refund is not warranted. See this Help article for more information.
(d) Shilling is not allowed on Trusper. Shilling is the fraudulent inflation of a store's reputation by use of an alternate account. The intent of shilling is to make a Seller look more desirable by increasing the store's number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the Buyer. For more information on shilling, including examples, please see this Help article.
- By uploading a photograph to Trusper's website or mobile app, you warrant that:
- (i) You own the photograph or you have the rights or permission to use the photograph; and
4. Communicating with Other Trusper Members
4.1 Chats and Messages. You can use the Chat or Messaging function to, communicate directly with your Muses, Buyers, Sellers or other Trusper members.
Chats and Messages are a great way for Buyers, Sellers or Muses to communicate regarding an item or an order.
Chats and Messages may not be used for the following activities:
- (a) Sending unsolicited advertising or promotions, requests for donations, or spam
- (b) Harassing or abusing another member;
- (c) Contacting someone after they have explicitly asked you not to; or
- (d) Interfering with a transaction or the business of another member.
4.2 Interference. Interference occurs when a member intentionally interferes with another member's store in order to drive away their business. Interference is strictly prohibited on Trusper.
- Examples of interference include:
- (a) Contacting another member via Chat or Message to warn them away from a particular member, store, or item
- (b) Posting in public areas to demonstrate or discuss a dispute with another member
- (c) Purchasing from a Seller for the sole purpose of leaving a negative review.
4.3 Harassment. Any use of Chat or Message to harass other members is strictly prohibited. Similarly, "Chats" may not be used to support or glorify hatred toward, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation. If you receive a "Chat" that violates this policy, please let us know right away.
5.Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRUSPER DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TRUSPER MAKES NO WARRANTY THAT THE SITE AND THE SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TRUSPER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. TRUSPER IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF TRUSPER.
LIMITATION OF LIABILITY
6. Limitation of Liabilities
IN NO EVENT SHALL TRUSPER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF TRUSPER OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF TRUSPER TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
7. Applicable Law
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Please note that your use of the Site or Services may be subject to other local, state, national, and international laws.
7.1 Arbitration. Any Legal dispute or claim relating to or arising out of your use of the Site or Services (including any claim involving Trusper or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) (a "Dispute") will be resolved through binding arbitration in Santa Clara, CA under the Federal Arbitration Act and, to the extent not inconsistent with or preempted by the Federal Arbitration Act, the Arbitration Rules set forth in California Code of Civil Procedure Section 1280 et seq. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Santa Clara County, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision. You and Trusper agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and both parties hereby waive any right to bring classwide, collective or representative claims before any arbitrator or in any forum. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit substantive rights or the remedies available to the parties, including the right to seek interim relief, such as injunction or attachment, through judicial process, which shall not be deemed a waiver of the right to demand and obtain arbitration.
8. Disputes with Users or Third Parties and Release
If you find yourself in a dispute with another user of Trusper's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Should you have a dispute with one or more users, or an outside party, you release Trusper (and Trusper's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Trusper encourages Sellers to report Seller-to-user or Seller-to-Muse disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Trusper, for the benefit of its Users, may try to help Users resolve disputes. Trusper does so in Trusper's sole discretion, and Trusper has no obligation to resolve disputes between Sellers, Muses and Buyers or between its Users and outside parties. To the extent that Trusper attempts to resolve a dispute, Trusper will do so in good faith based solely on Trusper's policies. Trusper will not make judgments regarding legal issues or claims.