Musely® and its Services (including musely.com and its apps, owned and operated by Trusper Inc., collectively, "we", "us", "our", the "Company", or "Musely") respects the intellectual property rights of others and expects you to do the same. The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe their copyrights have been infringed by the acts of third parties over the Internet. In accordance with the DMCA, Musely™ will respond expeditiously to claims of copyright infringement on the Musely™ website that are reported to Musely™'s Designated Copyright Agent using the procedures below.
Notification of Alleged Copyright Infringement
If you believe that any content uploaded, posted or otherwise transmitted through Musely's website or online service (collectively, the "Musely Service") infringes upon any copyright which you own or control, pursuant to the DMCA, you may notify our Designated Agent with a written communication that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Musely Service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
Submit your notice to our Designated Copyright Agent by fax, mail or email, as set forth below:
- Musely Copyright Agent
- (408) 444-7598
- 3300 Central Expressway
- Santa Clara, CA 95051
Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that content on the Musely Service is infringing.
Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in this manner.
If you believe your content has been removed from the Musely Service, pursuant to the above DMCA notice procedure, as a result of a mistake or misidentification, you may submit a written counter-notification letter to our Designated Copyright Agent. To be an effective counter-notification under the DMCA, your letter must include substantially the following information:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; and
All of the following statements:
- "I consent to the jurisdiction of the Federal District Court in which my address is located, or if my address is outside the United States, the judicial district in which Musely, Inc. is located."
- "I will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent."
- "Under penalty of perjury, I have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- Your name, address, telephone number, email address, and if applicable, username associated with the Musely Service.
- Your physical or electronic signature.
You may submit your counter-notification letter to our Designated Copyright Agent by fax, mail, or email at the contact information noted above. Please note that upon receipt of your counter-notification, we will forward it to the original complainant. You consent to disclosure of your information in this manner.
If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our Designated Copyright Agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that they have filed a court action to restrain you from further alleged infringement.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees. If you are unsure of whether you own all the necessary rights to the material that is the subject of the complaint, filing a counter-notification may be inappropriate. However, you may contact the original complainant directly to seek a retraction of their claim.
We will consider any retraction of a copyright complaint from the original complainant that is sent from the same address as the original copyright complaint.
If you are the original complainant and seek to retract your complaint, please provide our Designated Copyright Agent with a written communication with the following information:
- The statement, with fields in all-caps completed: "I hereby retract my claim of copyright infringement sent on (DATE OF ORIGINAL COMPLAINT) regarding (BRIEF DESCRIPTION OF COMPLAINT) located at (PROVIDE URL OR OTHER SPECIFIC LOCATION ON THE SERVICE THAT CONTAINS THE CONTESTED MATERIAL)."
- Your physical or electronic signature.
If you are the alleged infringer and seek to contact the original complainant, please write or email the original complainant at the address provided in the copyright complaint furnished to you, and have the original complainant contact us directly with their retraction following the procedure listed above for retractions by original complainant. Please be aware that you are responsible for any communications sent by you to the original complainant.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Musely has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Musely Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Musely Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- All facts, details & recommendations on our website are provided for information purposes only and are not intended to diagnose, prescribe or replace the advice of professionals.
- Customer feedback is provided voluntarily, and as such it is based on individual perception & expectations from a particular product.
- Our recommendations are based on the advice of qualified alternative therapy practitioners and widely accepted facts about a particular natural ingredient.
- Natural skin care products are not a medication, and we can only make recommendation for suitability of our products in certain skin ailments & conditions. Any recommendations accepted by a purchaser are accepted entirely at the purchasers risk.
- By purchasing our products you accept responsibility to check with a professional before using any products that may interfere with drugs or medical conditions.
- By purchasing our products you recognise and accept the fact that that some natural ingredients, essential oils in particular, may still cause sensitivity in susceptible individuals and that Musely will not be held responsible for such occurrences. We encourage those with sensitive skin to select our unscented products or purchase tester pots where applicable and performing a patch test on the skin for possible reactions.
- Musely accepts no responsibility for incorrect use of information or products.
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. DBA Musely, its affiliates and licensors (collectively, “we”, “us”, “our”, the “Company”, or “Musely”, or “Trusper”). Each person who uses the Services to sell, promote, or purchase items must accept the terms and conditions of this Participant Agreement (the “Agreement”) without change. By registering with Musely 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 Musely significantly amends this Agreement, Musely 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. Musely acts as a Seller for only some of the products that appear on the Site. Products sold by Musely are clearly identified as such. For all other products, the promotion, purchase, and sale of those products are transactions between Buyers, Muses and Sellers, and Musely is not directly involved in those transactions. Except as specifically shown on the Site, Musely 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, except where the Site identifies Musely as the seller, Buyers are purchasing the products from the Sellers. As a result, Musely has no control over the quality, safety, morality or legality of any aspect of the items listed or sold by those Sellers, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. Musely cannot ensure that a Buyer or Seller will actually complete a transaction.
Musely cannot guarantee the true identity, age, and nationality of a Seller, Muse or Buyer. Musely encourages you to communicate directly with potential transaction partners through the tools made available by Musely.
By using the Site, you agree that, except with respect to the Products that Musely sells through the Site, 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 Musely. You use the Musely service at your own risk. Musely 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 Musely'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. Musely 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 Musely'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 Musely's policies as stated in the Agreement and the Musely 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 Musely of any unauthorized use of your password or any breach of security. You also agree that Musely 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 Musely without Musely'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 Musely you must provide and maintain a valid Stripe or other payment systems account approved by Musely. You must agree to the Stripe Connect Account Agreement or the terms of another payment systems account which has been approved by Musely.
2.5 Right to Refuse Service: Musely's services are not available to temporarily or indefinitely suspended Musely members. Musely reserves the right, in Musely's sole discretion, to cancel unconfirmed or inactive accounts. Musely reserves the right to refuse service to anyone, for any reason, at any time.
3. Buyer Terms
3.1 Understanding Musely's Limitations as a Venue. Musely 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 except where the Site clearly states otherwise, Musely is not a part of that transaction. By shopping on Musely, you understand that:
(a) Unless the Site clearly identifies Musely as the Seller of a product, You are not buying products from Musely, but from one of the many Sellers on Musely.
(b) Except to the extent that the Site clearly states otherwise in connection with a Product sold by Musely, Musely does not guarantee or endorse any items sold on Musely or any content posted by Sellers or Muses (such as photographs or language used in listings or store policies).
(c) Each Seller on Musely has their own processing times, shipping methods, and shop policies.
(d) You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Musely may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Musely collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Musely and you may be separately charged by the applicable health care providers for such services.
As a member of the community, you have the opportunity to flag an item or a store that violates any of Musely's policies. Flagging is confidential.
3.2 Purchasing an Item on Musely. By making a purchase from a Seller on Musely, 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, except where the Site clearly states otherwise, Musely does not manufacture, store or inspect any of the items sold through our Services. For products sold by Sellers other than Musely, we provide the venue; the items in our marketplace are sold by independent Sellers, so Musely 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 Musely from any claims related to items sold by other Sellers through our Services, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
3.5 Products Available by Prescription. Certain Products sold on Musely are available only with a prescription. If you wish to purchase such Products, you may arrange to submit a prescription issued to You by a physician or otherwise qualified health care provider, or to have your physician or other health care provider submit the required prescription directly to Musely, by following the instructions provided on the Site. All sales of products that require prescriptions shall be made only in compliance with all laws and regulations that apply in the State in which you reside or are purchasing the Product. If Musely is not the Seller of the Product, the Seller is solely responsible for compliance with those laws and regulations. In some circumstances, Musely may be able to arrange for you to consult with a physician or other health care professional to determine whether it is appropriate for a prescription to be issued to you.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Musely nor any Musely affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Services, and, as such, you can find specific pricing information at
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
(a) Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
(b) Interactions between a patient and health care provider via audio, video, and/or data communications; and
(c) Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
3.6 Interactions with Health Care Providers. If You wish to purchase a Product through the Services that requires a prescription, Musely may be able to arrange for you to consult with a physician or other health care provider to determine whether it is appropriate for a prescription to be issued to you. The Site identifies which for which Products Musely may be able to make these arrangements. If you wish to have such a consultation, please follow the instructions provided on the Site for the Product you wish to purchase. Musely will not sell any product to you that requires a prescription unless that prescription is provided to Musely. Musely shall not have any responsibility or liability to You if it is unable or otherwise does not for any reason arrange for a consultation with a physician or other health care provider. If Musely does arrange for that consultation, Musely’s role with respect to that consultation will be limited to arranging for the consultation to take place, providing the technological tools through which you may communicate with the physician or other health care professional, all as described on the Site, and collecting from you any fee that the physician or other health care provider charges you for that consultation. Musely cannot assure that the physician or other health care professional will issue a prescription to you. Prescribing decisions are made by consulting physicians and other health care providers in their sole professional judgment. Musely shall have no responsibility or liability to you if a consulting physician or other health care professional determines that it is not appropriate to issue a prescription to you. Without limiting the generality of the foregoing, Musely cannot refund to you any fees the consulting physician or other health care professional may charge you for conducting a consultation with you, even if that consultation does not result in the issuance of a prescription to you. In any event, You must establish a health care provider – patient relationship with the physician or other health care professional, cooperate with the physician or other health care professional in the conduct of the consultation and any follow-up consultation or care that the physician or other health care professional recommends, and comply with any instructions or advice that the physician or other health care professional gives you. Physicians and other health care professionals always have the right, in the exercise of their professional judgment, to refuse to provide professional or other services to you or to discontinue performing any services they may be providing to you. Musely will not monitor, supervise, or otherwise be involved in or exert any control whatsoever over the conduct of Your consultation with the physician or other health care provider and will have no responsibility or other liability of any kind to you with respect to the conduct of that consultation, the professional or other services performed by, or the behavior or conduct of the physician or health care professional, including but not limited to their professional acts or omissions.
3.7 Limitations Upon Services Provided by Health Care Providers. Any communications or interactions you have with a physician or other health care professional through the Site, as arranged by Musely, is limited to consultation(s) regarding only the prescribing and usage of Products purchased through the Site for anti-aging skincare treatment purposes. Your consultation with such physician or other health care professional does not constitute a consultation, professional medical advice, diagnosis, treatment or recommendation for any other purposes, conditions or illnesses, including but not limited to skin cancers. In addition, the consultation(s), as well as any other communications or interactions, with such physician or other health care professional through the Site does not take the place of your existing relationship(s) with your primary care provider or other health care providers. You must always seek the advice of your primary care provider or other health care provider for any questions or concerns you may have that do not directly relate to the prescription for, and use of, Products purchased through the Site. You should not use any medication or take any other action that is contrary to the advice you have received from your other physician(s) or health care professional(s). You should not use the services of physicians or other health care professionals through the Site in the event of a medical emergency. If at any time you believe you are experiencing a medical emergency, you should seek appropriate medical care directly and not through the Site, such as by dialing 911, or visiting the closest provider of emergency medical care or a poison control center. All services provided by physicians and other health care professionals are the sole responsibility of those providers. All such services are subject to laws and regulations that vary among jurisdictions, and are subject to review by government authorities in those jurisdictions. You are encouraged to learn about the authorities that regulate the delivery of health care in your jurisdiction and your rights in connection therewith.
3.8 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 Musely 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, Musely or a third party; or
(vi) Undermine the integrity of the Reviews system.
(c) Extortion is not allowed on Musely. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Musely. 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 Musely. 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 Musely'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 Musely Members
4.1 Chats and Messages. You can use the Chat or Messaging function to, communicate directly with your Muses, Buyers, Sellers or other Musely 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 Musely.
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. MUSELY 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. MUSELY MAKES NO WARRANTY THAT THE SITE AND THE SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. MUSELY MAKES NO WARRANTY CONCERNING THE PROFESSIONAL OR OTHER SERVICES THAT PHYSICIANS OR OTHER HEALTH CARE PROFESSIONALS WITH WHOM YOU MAY COMMUNICATE THROUGH THE SITE MAY PROVIDE TO YOU, OR WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS OF THOSE PHYSICIANS OR OTHER HEALTH CARE PROFESSIONALS. 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.
MUSELY 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, INCLUDING WITHOUT LIMITATION THE PROFESSIONAL OR OTHER SERVICES OF ANY PHYSICIAN OR OTHER HEALTH CARE PROFESSONAL. MUSELY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF MUSELY.
LIMITATION OF LIABILITY
6. Limitation of Liabilities
IN NO EVENT SHALL MUSELY, 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 MUSELY 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 MUSELY 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 Musely 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 Musely 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 Musely'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 Musely (and Musely'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. Musely 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.
Musely, for the benefit of its Users, may try to help Users resolve disputes. Musely does so in Musely's sole discretion, and Musely has no obligation to resolve disputes between Sellers, Muses and Buyers or between its Users and outside parties. To the extent that Musely attempts to resolve a dispute, Musely will do so in good faith based solely on Musely's policies. Musely will not make judgments regarding legal issues or claims.
Information Collection and Use
Musely uses information we collect along with select partners (e.g. Facebook) to determine your interests in order to provide you with the Service, analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track user Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
User-Provided Information: You provide us information about yourself, such as your name, e-mail address, and access to data about your use of online services, if you sign up for the Service, including by signing into Musely with a third-party service or adding a Musely application on a social network. Your profile information, Content you post, and information about your use of the Service that you elect to make public will be available for public viewing on the Service and via our syndication channels.
We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail). You can control receipt of certain Service-related messages on your Settings page. We may also use your contact information to send you marketing messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
If you choose to use our invitation service to invite a friend to the Service, we will ask you for that person's email address and automatically send an email invitation. Musely stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service.
Cookies: When you visit the Service, we may send one or more "cookies" - a small data file - to your computer to uniquely identify your browser and let Musely help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us, but does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log Files: Log file information is automatically reported by your browser each time you access a web page. When you use the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your Musely account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make Musely better for our users.
How We Share Your Information
Personally Identifiable Information: Musely may share your personally identifiable information with its service providers, some of whom may provide us with marketing assistance, and with trusted third parties who offer products or services we believe may be of interest to you.
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
Musely may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Musely's rights or property.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Musely services.
How We Protect Your Information
Musely uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Musely or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
In the event that personal information is compromised as a result of a breach of security, Musely will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in our Terms of Service, or as otherwise required by applicable law.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the Service, in which case Musely may not be able to provide certain services to you. You may use the settings on the Service to control how certain information about you or your use of the Service is published, as further described on the Service. You may update or correct your account information and email preferences at any time by logging in to your account.
Protecting the privacy of young children is especially important. Musely does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
Links to Other Web Sites
These Terms and Conditions ("Terms") apply to the Musely Coins Program ("Program") offered by Trusper Inc. (collectively, "we", "us", "our", the "Company", “Musely”, or "Trusper") to Musely End Users in good standing ("Member" or "you"). The Musely.com websites and apps are owned and operated by Trusper Inc. DBA Musely, its affiliates and licensors. Please read these Terms carefully as they govern all aspects of the Program. By participating in the Program you agree to the Terms. If you want to opt out of the Program, you must send an email to email@example.com. By opting out, you forfeit any coins earned under the Program.
The Program is designed to reward Musely Members that conduct certain transactions through the Musely website at www.musely.com (the "Site") and the iOS app or AN app. Members are awarded coins ("Musely Coins") that they can redeem on the Musely iOS app or the AN app in accordance with these Terms. The effective date ("Effective Date") of this Program is April 1st, 2018.
- (i) 1. Eligibility to Participate.
Participation in the Program is limited to Musely Registered End Users in good standing who are 18 years of age and older, or the age of majority in their stated of residence, whichever is older and residents of the United States of America. The Program is maintained for the benefit and participation of individual Members only. Each Member may maintain only one account under the Program. Duplicate accounts will be subject to cancellation. Only the Member named on the account will be entitled to Coins issued on that account. You do not need to take any special steps to participate in the Program. You are automatically enrolled once you become a Member of Musely.
- (ii) 2. Qualifying Activities.
A set of activities ("Qualifying Activities") defined in the Musely App or website may result in the award of Musely Coins to Members participating in the Program. Examples of the activities may include: shopping products on Musely, referring other users to Musely to shop products, sharing products and content with friends or socially, creating engaging tips & tutorials, etc.
- (iii) 3. Musely Coins.
Musely may, from time to time in its sole discretion, promote or designate as a particular activity or behavior as a "Musely Coins Qualifying Activity" ("Coins Qualifying Activity")No Coins will be awarded for Qualifying Activities that occur:(1) prior to the Effective Date of the Program or before the start date of the promotional offer to which the Coins Qualifying Activity relates; or (2) after the end date of the Program or Coins Qualifying Activity.
Each Coins Qualifying Activity will result in the award of a certain number of Coins as specified by Musely. The number of Coins will typically be displayed on the Site or App prior to your engaging in the Coins Qualifying Activity or be communicated to you via an email message. The specified Musely Coins will be added to the account of the Member that met the requirements of the Coins Qualifying Activity. Musely Coins cannot be combined across more than one Member account. Each tip [or other Coins Qualifying Activity] may be subject to a limitation on the maximum number of Coins it may earn, as determined by Musely in its sole discretion.
All Musely Coins are subject to review and verification by Musely. Musely reserves the right to withhold or delay the award of Musely Coins until it has confirmed the requirements of the Coins Qualifying Activity were met by the Member. Musely reserves the right, in its sole discretion, to adjust a Member's account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the Coins, or to suspend or terminate the Member’s account [for, among other things, suspected fraud, misuse or illegal activity.] All decisions of Musely with respect to the issuance, deduction, adjustment or use of Musely Coins shall be final and binding on all Members.
Musely further reserves, in its sole discretion, the right to deduct Musely Coins already awarded if it discovers that the Coins Qualifying Activity was invalid, fraudulent or did not comply with Musely policies and procedures. For any activity that reverses any Coins Qualifying Activity by you (e.g. the deletion of a Tip or users unlike or dislike your Tip), Musely reserves the right to deduct the Coins earned from the Coins Qualifying Activity from your Program account.
Accrued Coins do not constitute the property of any Member. Coins are not transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. Coins accrued in a Member's account shall be maintained in that account until it is redeemed for purchases, gift cards, or until it expires, whichever occurs first.
- (iv) 4. Redemption.
Musely Coins may be used for future eligible purchases on Musely or where permitted, in Musely’s sole discretion, a Muse may elect to receive consideration in U.S. dollars in lieu of Musely Coins.
Your account balance of Coins is adjusted as Coins are earned and redeemed.
ALL COINS EXPIRE IN A MEMBER ACCOUNT SIX (6) MONTHS FROM THE DATE OF LAST QUALIFYING ACTIVITY FOR THAT ACCOUNT.
- (v) 5. Other Terms and Conditions.
- Participation in the Program is also subject to the Musely Participant Agreement, which can be found at https://www.Musely.com/terms. In the event of any conflict between these Terms and the Musely Participant Agreement, the Musely Participant Agreement shall prevail. Participation in the Program is also subject to any terms and conditions, rules, regulations, policies, and procedures relating to the Program ("Program Rules") that Musely may, at its discretion, adopt from time to time. Musely has the sole right to interpret and apply the Program Rules. Each Member shall be responsible for remaining knowledgeable as to the Program Rules and the amount of Coins in his or her account. The decisions of Musely shall be final and binding as to all matters relating to the interpretation and application of these Terms or the Program Rules.
- These Terms, together with the Musely Participation Agreement and the Program Rules, represent the entire agreement of the parties with respect to the Program and supersede any and all prior agreements, communications or understandings regarding the same. Musely reserves the right to modify or terminate this Program at any time, including, but not limited to, changing the Terms, benefits, conditions of participation or earning levels, even though changes may affect the value of the Coins already accumulated. Musely may, among other things, withdraw, limit, modify or cancel any award; increase or decrease the Coins earned by any Qualifying Activity; increase the number of Coins required for any award; modify or regulate the transferability of awards or benefits; add an unlimited number of blackout dates; or limit the amount of Coins or awards available to Members. Members, in accumulating Musely Coins, may not rely upon the continued availability of an award or any Qualifying Activity, and Members may not be able to obtain all offered awards at all times.
- Musely may modify these Terms or terminate the Program at any time, in its sole discretion, by posting amended Terms or a termination notice on the Coins section of the Site or the App, or by sending an email to the email address tied to the Member's account with Musely. Such notice shall be effective immediately after it is posted or emailed. If an amendment is not acceptable to you, your only recourse is to opt out of the Program.
- This Program is void outside the United States and where prohibited or restricted by law.
- Musely may, in its sole discretion, suspend or terminate any Member's account under this Program, including any ability to redeem any Musely Coins, for any violation of these Terms, the Terms of Service or the Program Rules, or for any fraudulent or other activity that Musely considers detrimental to the Program or for any other reason that Musely deems appropriate.
- Each Member is solely responsible for any federal, state and other tax liabilities relating to or arising out of his or her participation in the Program, receipt or redemption of Coins. Each Member is also responsible for, and if requested, shall pay, any sales and other taxes that may be charged on any award of Coins, any Coins Qualifying Activity, or any redemption.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSELY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE PROGRAM AND ANY PRODUCT OR SERVICES RECEIVED IN CONNECTION WITH THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMBER HEREBY RELEASES AND WAIVES, AND MUSELY AND ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE PROGRAM OR ANY PRODUCTS, SERVICES, MERCHANDISE, FOOD OR OTHER ITEMS RECEIVED IN CONNECTION WITH THE REDEMPTION OF MUSELY COINS.
- THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.
- THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS.
- Musely is not responsible for printing or typographical errors in any Program related materials; for stolen, lost, late, misdirected items; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system or are processed, reported or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer or telephonic malfunction or error, including inability to access any website associated with the Program, or process any transaction thereon. If in Musely's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if computer virus, bugs, unauthorized intervention, fraud or technical difficulties or failures compromise, or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Program, Musely reserves the right at its sole discretion to disqualify any individual connected therewith, to modify or suspend the Program, or to terminate the Program.
- These Terms and any legal issues arising out of the Program are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By participating in the Program, each Member agrees that any dispute or claim arising out of or in connection with these Terms or the performance, breach or termination thereof, or the Program, shall be finally settled by arbitration in Santa Clara County, California under the Commercial Arbitration Rules of the American Arbitration Association.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR LOCATED OUTSIDE THE UNITED STATES AT THE TIME OF ENTRY.
1. General. This Musely “Hello Muses Giveaway” Sweepstakes (the “Sweepstakes”) is sponsored by Musely (“Sponsor”). The Sweepstakes begins at 12:00:00 AM PDT on February 15, 2018 and lasts for seven (7) weeks (the “Sweepstakes Period”). By entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor respecting the Sweepstakes as well as the Terms of Service found at www.musely.com/terms.
2. Eligibility. The Sweepstakes is open to legal residents of any of the 50 states of the U.S. or the District of Columbia, who are 18 years old or older as of the first day of the Sweepstakes Period. All employees, contractors, directors and officers of Sponsor or any of its affiliated companies, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate in the Sweepstakes. The Sweepstakes is void outside the U.S. and where prohibited by law, and is subject to all applicable federal, state and local laws and regulations.
3. How to Enter. There are 3 official ways to enter the “Hello Muses Giveaway” Sweepstakes.
- Entry Method 1: You may enter the Sweepstakes by Liking & Tagging 3 friends to Sponsor’s Facebook post about the Sweepstakes during the Sweepstakes Period. If you do not have a Facebook account, you must create one. Accounts are free. On Facebook, all users will have the opportunity to enter the Sweepstakes by (a) liking the sponsors Facebook post about the Sweepstakes, and (b) tagging 3 friends in the comments section of the same post. The Facebook account you use to enter the Sweepstakes must remain valid, active, operational and in good standing through the Prize Award Period in order to be eligible to win the Prize. All entries must meet the “Entry Requirements” described in Section 5 below. All Entry Comments must be submitted during the Sweepstakes Period. Sponsor may not receive or include as eligible any entries that fail to strictly follow the posting instructions set forth herein, and Sponsor is not responsible for failure to see or receive an entry or for entrants’ failure to follow the entry requirements. Entries will not be acknowledged or returned. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Proof of uploading or submission of an entry does not constitute proof of delivery, receipt or entry. Limit one (1) entry per person, per Facebook account. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the Facebook account submitted at the time of entry. Entrants may be required to provide Sponsor with proof that he or she is the authorized account holder of the Facebook account associated with the selected entry. Violation of these rules or the use of multiple Facebook accounts by the same person may disqualify entrant from the Sweepstakes. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email or postal address during the Sweepstakes Period.
- Entry Method 2: Download the Musely App with the given promotional download link (http://app.musely.com/hellomuses). If you do not have a Musely account, please create one. Limit two (2) entries per person per email address. If you have a Musely account already, you must be active on Musely during the Sweepstakes Period. Duplicate Musely accounts created during the Sweepstakes time period will not be valid entries to the sweepstakes. The Musely account you use to claim the promotion must remain valid, active, operational and in good standing until the “Hello Muses Giveaway” Sweeptakes period ends.
- Entry Method 3: Within the Musely App or on Musely.com website entrant joins the “Muse Membership” 30 day Free Trial. Limit three (3) entries per Muse Membership Free Trial. No purchase necessary. Applicant may cancel the Membership Trial at anytime prior prior to the end of the 30 day trial.
4. Prizes & Approximate Retail Value: For the “Hello Muses Giveaway” Sweepstakes a total of three (3) prizes will be awarded. There will be one (1) First Prize “Napa Spa Getaway” in which one (1) winner will receive a check for $1200; one (1) Second Prize “a iPhone X 64 GB” valued at $999.00; one (1) Third Prize “$500 worth of Bitcoin”.
5. Drawings; Winner Notification. The winners of each Prize will be selected in random drawings conducted by or on behalf of Sponsor from among eligible entries received during the applicable Sweepstakes Period. The results of all drawings, and the decisions of Sponsor and its third party service providers, are final and binding in all respects. Winners will be notified by email and/or an in-app message, will be required to provide their mailing address for delivery of the prizes. The prizes will only be delivered to addresses within the United States, within three weeks after notification. If Sponsor cannot locate a winner within seven (7) days following the date of Sponsor’s first attempted notification, or the winner rejects the prize, the prize will be forfeited and awarded to an alternate winner. Limit: One Prize per person. Prizes cannot be assigned, transferred, redeemed for cash or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable or greater value if a prize becomes unavailable for any reason. Each prize winner shall bear all risk of loss or damage to his or her prize after prize has been delivered. All prizes will be awarded, but in the event any prizes are unable to be awarded to a winner or winners, gift cards of equal or greater value will be provided to a charity of Sponsor’s election.
6. Odds of Winning. Odds of winning any of the prizes for the “Hello Muses Giveaway” Sweepstakes will depend upon the number of eligible entries received during the Sweepstakes Period.
7. Release and Affidavit. By accepting a prize, the winner grants Sponsor the right to use the winner’s name, voice, signature, photo and likeness for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. As a condition of being awarded any prize, winner may (in Sponsor's sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
8. General Conditions. Released Parties (as defined below) are not responsible for hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information associated with or utilized in the Sweepstakes. Parties are not responsible for injury or damage to participants’ or to any other person’s mobile phone or other device related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes, who are in violation of these Official Rules or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes for any reason, including, but not limited to, should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by a virus, non-authorized human intervention or other cause which, in the sole opinion of the Sponsor, corrupts or impairs the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, randomly select the winners from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process.
9. Limitation of Liability. By entering the Sweepstakes, each entrant agrees that Sponsor and its affiliates, and their respective officers, directors, employees and agents (collectively, “Released Parties”) (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of a prize; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, incidental, consequential or any other indirect damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
10. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor or any of the other Released Parties in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws.
11. Disputes. Except where prohibited by law, any action arising out of or relating to this Sweepstakes or these Official Rules shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), which includes payment by Sponsor of many of the fees associated with such arbitration, whether initiated by Sponsor or you. The arbitration shall be held at a location in the state in which you live. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only Sponsor’s or your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary in these Official Rules, if the amount in dispute arising out of or relating to this Sweepstakes or these Official Rules is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which will be in lieu of arbitration or an action in any other court.
12. Severability. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
13. Winners List. Prize Winners will be announced on the App. For a copy of the complete winner list, send a stamped, self-addressed business-size envelope after March 2018 and before April 2019 to Sponsor at the address listed below, Attn: “Musely Hello Muses Giveaway Sweepstake Winner List”.
14. Sponsor: Musely, Inc. 3300 Central Exp. Santa Clara, CA 95051 (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information and entry to Sponsor and not to Facebook. Please direct any questions or comments regarding this Sweepstakes to Sponsor.
All benefits offered under the Program are at our sole discretion. We reserve the right to limit, modify, alter, waive, or cancel the Program at any time, prospectively or retroactively, with or without notice.
Musely™ offers Muse Membership. The benefits of the Muse Membership for its members are described below.
- (a) Muse Membership
- Receive 20% Referral Bonus in Musely Coins on every eligible purchase from your referral. When your-referred-user follows your-shared-links and makes a purchase on a product that she has not purchase before on Musely, the purchase is eligible for the Referral Fee. In addition, if a user uses your Referral Code to register on Musely App or Website, her first purchase is eligible for the Referral Fee.
- Receive 10% Back in Musely Coins on every eligible purchase from yourself.
- 20% discount on your purchase of Musely Seasonal Gift Packs.
- Additional benefits may be included for the members such as more chance to win daily product giveaway, more Musely Coins when sharing and inspiring products or content, birthday perks, etc.
- Musely Coins may be used for future eligible purchases on Musely or where permitted, in Musely’s sole discretion, a Muse may elect to receive consideration in U.S. dollars in lieu of Musely Coins. See more details on Musely Coins under www.musely.com/terms.
- You must be 18 years of age or older to obtain a Membership.
- Your participation in the Program is revocable by us at any time, at our sole discretion.
- You may have only one Membership per person using either your email, phone, Google or Facebook account.
- For any benefit to apply, your Membership must be active at the time of purchase. You will not be reimbursed retroactively for purchases made while your Membership is inactive or expired.
- Your Membership is non-transferable.
- Musely Coins are not earned on purchases paid with Musely gift cards, in-store credits or on purchases made using Musely Coins.
The Muse Membership fee is $10,with the first 30 days being a free trial. We may change the Muse Membership fee or run special promotions at any time, but changes will apply only to new or renewed memberships. The Muse Membership fee is non-refundable, except as set forth herein. We reserve the right to discount or waive the Muse Membership fee in conjunction with promotions we offer from time to time.
- (a) Muse Membership
The initial term of your Muse Membership will commence on the date it is purchased and continue for 1 year, unless terminated. YOUR MUSE MEMBERSHIP WILL AUTOMATICALLY RENEW ON THE ANNUAL ANNIVERSARY OF THE DATE YOU SIGNED UP FOR YOUR MUSE MEMBERSHIP OR ON THE MEMBERSHIP EXPIRE DATE. TO OPT OUT OF THIS AUTOMATIC RENEW FEATURE, GO TO THE MANAGE MEMBERSHIP PAGE UNDER THE MUSELY REWARD PAGE, CLICK ON “TURN OFF AUTO-RENEW” BUTTON. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MUSE MEMBERSHIP TO AUTOMATICALLY RENEW, YOU UNDERSTAND AND AGREE THAT YOUR MUSE MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE ANNUAL MUSE MEMBERSHIP FEE USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
Unless waived as set forth herein, the Muse Membership fee will be billed to the method of payment that is active in your Musely™ account.
1.6 MEMBERSHIP CANCELLATION
You have the right to cancel your Membership at any time. No refunds will be given (unless we change the Program). You can cancel your Membership by (i) going to the Manage Membership page under the Musely Rewards page, click on “Turn off auto-renew”; or (ii) contacting us via e-mail at firstname.lastname@example.org.
1.7 DISCLAIMERS; LIMITATION OF LIABILITY
THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MUSELY™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (“PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN ANY WAY RELATED TO THE PROGRAM. PROVIDERS MAKE NO WARRANTY THAT THE (i) PROGRAM WILL MEET YOUR REQUIREMENTS, OR (ii) PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN NO EVENT WILL PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE PROGRAM OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERSHIP DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY, PROVIDERS’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
1.8 GOVERNING LAW
These Terms, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.
1.9 BINDING ARBITRATION
Any controversy or claim arising out of or relating to these Terms (including any breach thereof) or the Program shall be settled by confidential arbitration in Santa Clara, California and administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Musely™ from seeking any injunctive relief in State or Federal courts.
1.10 CHANGES TO MUSE MEMBERSHIP
We may make changes to any or all benefits available to you under the Program at any time, with or without notice. In the event of any change to the Program, we will, in our sole discretion, either maintain your Membership with your existing benefits until expiration of your current term or refund you a pro-rata portion of your paid Membership fee for the remaining full months of your current Membership term.
Musely reserves the right to change the Subscription benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions.
Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges, and the seller). If the item is unavailable when we plan to ship it, you authorize us to fulfill your order with a similar item that we believe will meet your expectations.
Your Subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.
We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Subscription benefits are limited to items displaying “The Starter Subscription” and “The Essential Subscription” offer message and the seller indicated in the offer message. Subscription is only available to customers shipping to addresses in the United States. Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.
Subscription discounts and any Subscription limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription item information pages, and then only if you select the Subscription delivery method. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.
All cancellations and returns under Subscribe & Save are subject to the Musely Cancellation and Returns policy. Subscriptions are void where prohibited. “The Essential Subscription” is not cancelable for the duration of the subscription.
The total cost charged to your payment method for each Subscription order will be the cost of the item on the day that order is processed less the Subscription discount, plus any applicable sales tax.
The charge for each Subscription item shipment will be billed to the payment method used to create your subscription. If we are unable to complete your Subscription order with the payment method you used to create your subscription, an email notification will be delivered with directions on updating your payment method and must be completed within 14 days otherwise your subscription will be cancelled.
Your Subscription will remain in effect until it is cancelled. The “Starter Subscription” can be cancelled at any time via Your Subscriptions page, which can be found in Your Account. If you cancel your subscription and then reactivate it, the discount applied to any Subscription item may not be the same discount in effect at the time of cancellation. If the Subscription discount percentage for such Subscription item changes, the new discount will be applied to your future shipments of that item. The “Essential Subscription” requires a 3-month minimum subscription and can only be cancelled after the 3-month time period.
We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the Musely.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.
The Sweepstakes is open only to legal residents of the fifty United States and District of Columbia. THE PROMOTION IS VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, IN PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. Receiving the daily free product is contingent upon compliance with these Official Rules.
2. The Promotion Availability Period:
The “Promotion Availability Period” for www.musely.com begins on February 15, 2018 and ends on December 24, 2018 or while supplies last, whichever occurs first. A valid order through the Musely App or the Musely Website must be placed to claim the Promotion. See below for instructions on how to receive and redeem the Promotion.
3. How to Enter
You may enter the Sweepstakes by being active on the Musely App. Active tasks may include but are not limited to sharing, viewing, commenting, liking, creating. No purchase necessary to enter or win.
It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email or postal address during the Promotion Availability Period.
4. How to Claim the Promotion.
The Daily Giveaway Winner will receive an email and/or a in app message via the Musely app that will contain the promotional code and a link that will be used by the Daily Giveaway Winner to claim his or her prize. The link provided will lead the Daily Giveaway Winner to the checkout process. To claim the Giveaway Product, proceed by following the instruction on the checkout page to place an order. The Daily Giveaway Promotional Code must be applied to your order during the Checkout Process. The promotional code will make the Daily Giveaway 100% free of charge with no shipping or handling cost.
During checkout, the winner must use a valid payment method however there will be no charge for the Daily Giveaway product. You must also ship to an address within the 50 United States and the District of Columbia. Daily Giveaway Prizes are only valid for the confirmed account and may not be gifted or transfered to other Musely accounts. The Musely account used to claim the promotion must remain valid, active, operational and in good standing until the order for the Daily Giveaway Product has been placed. Daily Giveaway Prize Promotion Code will be valid for 10 days upon day notification was sent.
5. Entrant Conduct.
This Promotion is subject to all federal, state, and local laws/regulations. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.
6. Odds of Winning.
Odds of winning the Daily Giveaway Sweepstakes will depend upon the number of eligible entries received during the applicable Day.
7. Limitation of Liability.
Sponsor assumes no responsibility or liability for the following: (i) telephone, computer, or technical malfunctions that may occur; (ii) any incorrect or inaccurate information, any of the equipment or programming associated with or utilized in the Promotion, or any technical or human error which may occur in connection with the Promotion; or (iii) inaccessibility or unavailability of the Internet or any combination thereof. If, for any reason, the Promotion is not capable of running as planned, including because of tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to change these Official Rules at any time, with or without notice.