Last Updated: April 21, 2025
These Terms of Service ("Terms") apply to your access to and use of the website located at https://musekat.com (the "Site") and all related products, services, tools, the MuseKat mobile applications (the "App"), web applications, and any other technology platforms or tools located at any websites, including without limitation, successor website(s) or application(s) thereto (collectively, our "Services") provided by MuseKat, Inc. ("Company," "our," "we" or "us"). The terms "you," "your" or "user" refers to you, the user. Company and you may each be referred to as a "Party" or collectively referred to as the "Parties". If you are using the Services on behalf of a business, association, or other entity, "you" or "your" will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.
PLEASE READ THESE TERMS CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Please read these Terms very carefully before accessing or using our Services. By using/continuing to use our Services, you acknowledge you have read and understand and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please print a copy of these Terms for your records. If you do not agree to these Terms in their entirety, then you may not access or use our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
To use our Services you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that you are over the age of eighteen (18) and your parent or legal guardian has reviewed these Terms with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Services. You represent that you (1) have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and (2) nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
You may not use the Services if you are located in, or a citizen or resident of, any country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction. You will comply with this paragraph even if our methods to prevent use of the Services are not effective or can be bypassed.
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy ("Privacy Policy"). When creating an Account (as defined in Section 2.1) and using the Service, you will be asked to provide certain personal information. By providing such personal information, you agree to the terms of our Privacy Policy and expressly consent to Company's collection, storage, use, and disclosure of your personal information in accordance with the Privacy Policy.
If you are a parent or guardian ("Parent") of a child under eighteen (18) years of age ("Child" or "Children"), by allowing your Child to use our Services you hereby provide consent for your Child to use the Services via your Account, and you agree (on behalf of your Child) to be bound by these Terms in respect of such Child's use of the Services.
The Services. The Services allow you to take a photo of the object you want to learn about and a photo of the description of the object, and the Services will create and provide a summary of the piece of art via an interactive audio narrative. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, in our sole discretion. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. Any offer for any Services is void where prohibited.
The Services offer artificial intelligence ("AI") powered tools that enhance user interactions, content generation, and learning experiences (collectively, "AI-Enabled Features"). These AI-Enabled Features rely on third-party AI application programming interfaces (APIs), which are continuously evolving and may generate imperfect or inaccurate results. Users acknowledge that AI-generated content should not be relied upon as authoritative and must be reviewed before use. AI-Enabled Features are experimental and may be modified, removed, or discontinued at any time. Company does not guarantee continued access to any specific AI tools or functionalities. You acknowledge that AI regulations and technology are evolving, and future legal changes may impact the availability of AI-Enabled Features.
Users may provide input (e.g., text, images, or queries) to AI-Enabled Features ("Input") and receive AI-generated responses ("Output"). Because Outputs are generated by AI models, they may not be unique, accurate, or copyright-protectable Company makes no warranties regarding the originality, reliability, or legal protection of AI-generated content. By using the Services, you agree that: (i) You are responsible for any Input you submit and ensuring it does not violate intellectual property laws or these Terms; (ii) AI-Generated Outputs may not always be factually accurate, appropriate, or suitable for all users; (iii) You will review and verify Outputs before relying on them; and (iv) Company reserves the right to remove AI-generated content that violates our policies.
Company does not filter or moderate images, text, or other content scanned or uploaded by users, including parents or Children. Since the Services are designed for parent-guided use, the Parent User is solely responsible for ensuring that: (i) Any scanned content is appropriate for their Child AI-generated content is reviewed before being shared with a Child; and (iii) Children do not submit personally identifiable information in their Inputs. Company disclaims liability for any user-scanned or AI-generated content that may not be age-appropriate. Parents should actively supervise their Child's use of AI features.
Company's AI tools interact with third-party AI models that are not controlled by Company. While Company applies privacy safeguards, we do not guarantee that AI models will filter out sensitive, inappropriate, or incorrect content. AI models are known to generate inaccuracies, biases, and unintended outputs. Company does not guarantee the accuracy, neutrality, or appropriateness of AI-generated content. Users should independently verify AI-generated information before relying on it. You agree not to submit (i) proprietary or personally identifiable information or (ii) photos of Children, to AI-Enabled Features. Company is not responsible for any unintended exposure of personally identifiable information through AI-generated responses.
AI-Generated content is intended for personal use only. You may share content generated through the Services' AI tools under the following conditions: (i) The role of AI in creating the content is clearly disclosed; (ii) The content does not violate these Terms; and (iii) you review and verify AI-Generated content before sharing. Company discourages the distribution of AI-generated content that may mislead or offend others.
The Services store AI-generated Outputs indefinitely as part of the user experience, allowing users to browse past interactions and download summaries. These Outputs remain available to users unless they delete their Account. If a user deletes their Account: (i) All AI-generated Outputs and interactions will be permanently removed within thirty (30) days; (ii) Aggregated, non-personal data may be retained for analytics and service improvements; and (iii) Company does not share AI generated Outputs with third parties. Users who wish to retain their AI-generated content should download their summaries before deleting their Account.
You may need to register for an account to access some or all of our Services ("Account"), which can be done by completing the registration process in the Services. If you register for an Account, you must provide accurate, full and complete Account information and you agree to promptly update this information if it changes. Any registration is solely for you and you may only use one single Account. You may not use the Accounts of others, or allow others to use your Account (except in the event of a Parent User (as defined in Section 2.3 below), and you are solely responsible for preventing such unauthorized use of your Account.
Account names are available on a first-come, first-served basis. Usernames are not your intellectual property or personal property. Company reserves the absolute right to delete, modify or change a username associated with an Account without notice for actual or suspected violation of these Terms and any Company policies and procedures.
Company prohibits username squatting and the practice of reserving usernames for future use, especially where there is a likelihood that the username may confuse or mislead others. In Company's sole discretion, users violating this name squatting policy may be removed or renamed without notice. Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are prohibited and may result in Account suspension or permanent termination.
Company has the absolute and unrestricted authority to delete or modify inactive users, at any time, with or without notice. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. Users that have not conducted any transactions on the Services for six (6) months may be deleted without notice.
If you are at least eighteen (18) years of age and use the Services with a Child which you are a parent or guardian, you are considered a "Parent User". Company does not allow Children to create their own Accounts; all access to, and use of, the Services by a Child occurs through a Parent User's Account. By using the Services with a Child, you acknowledge and agree that you are responsible for supervising their use of the Services. By allowing a Child to use your Account, you: (i) Represent and warrant that you are the Child's parent or legal guardian; (ii) Assume full responsibility for the Child's use of the Services, including compliance with these Terms; and (iii) Agree to monitor and manage the Child's interactions with the Services, including ensuring that no personally identifiable information is submitted.
Company does not verify the identity of its users and is not obligated to confirm that a Parent User is a Child's actual parent or legal guardian. You acknowledge that Company is not liable or responsible for any unauthorized use of the Services by your Child. Company reserves the right to suspend or terminate a Parent User's Account, without notice, for any violation of these Terms.
If you have any concerns regarding your Child's use of the Services, please contact us at privacy@musekat.com.
By creating an Account, you consent to receive electronic communications from Company (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity resulting from your Account. You agree that we rely on the user email and password protection format to confirm whether users accessing and using our Service are authorized to do so. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to (i) control the dissemination and use of user ID and password, and (ii) authorize, monitor, and control access to and use of your Account and password. You shall notify us immediately if you suspect or become aware that your Account is being used without authorization or of any other breach of security. We strongly recommend having a complex password, which should be kept secure at all times. You are also encouraged to change your password regularly.
If you wish to either change your user email or password to log-in to your Account, or remove your Account, you can navigate to the profile page of the app and click, "Delete Account. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account. Once an Account is deleted: (a) Personal data and user-generated content will be removed from our active database within 30 days; (b) AI-generated interactions are not stored after account deletion; (c) Aggregated, non-personal data may be retained for analytics and service improvements; and (d) Some data may be kept as required by legal, regulatory, or security obligations. For questions about data deletion, contact privacy@musekat.com.
Company reserves the right to terminate, suspend, or restrict your access to any Account(s) if (i) we discover you have created multiple Accounts for the same user, or (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes. Under no circumstances shall Company or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).
Our Services contain features and functionality that allow you and other users to upload or submit materials—including photos of artwork or other objects, your name, your child's name and profile details, and learning location information—to personalize and enrich your educational experience (collectively, "User Content"). You acknowledge and agree that you are solely responsible for your User Content that you submit or transmit to, through, or in connection with the Service, and you, not Company, assume all risks associated with your User Content, including any disclosure by you of information in your User Content that makes you or anyone else personally identifiable. Please consider carefully what you choose to upload. You are responsible for ensuring that any User Content you upload, scan, or transmit complies with copyright laws, museum policies, and the rights of artists, authors, and other creators. All User Content must comply with these Terms. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of your User Content as described herein. You represent and warrant that your User Content does not violate these Terms or the rights of any third-party.
You hereby grant us and our subsidiaries and affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, assignable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly display and perform, incorporate into other works, and otherwise use and exploit your User Content and any name, username, or likeness embodied in or provided in connection with your User Content, in connection with the Services and Company's business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and channels now known or later developed, without compensation to you. By "use" in the preceding sentence we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform, and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User Content for any purpose. Please note that you also irrevocably grant the users of the Service the right to access your User Content in connection with their use of the Service. Depending on your Account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards ("Content Standards"). Where possible, you should credit the original artist, museum, or creator of the User Content you share externally on your own social feeds or other platforms. User Content must not:
We reserve the right at all times, but are not obligated, to:
We do not review User Content before it is posted or transmitted on or through the Service, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, Company and its affiliates, and their respective officers, directors, employees, contractors, or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Services ("Statistical Information") including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights in and to such Statistical Information.
Subject to your compliance with these Terms, during the term of these Terms Company grants you a limited worldwide, revokable, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Company reserves all rights in and to the App not expressly granted to you under these Terms.
There is certain conduct which is strictly prohibited when using the Services. Except as expressly permitted in these Terms, you (i) may not make available or use the Services for the benefit of any third party, including, but not limited to, as a service bureau; (ii) may not sell, resell, license, sublicense, transfer, distribute, make available, rent or lease the Services, or exploit the Services for any commercial purposes; (iii) may not use the Services to store or transmit any illegal, immoral, unlawful, and/or unauthorized materials or interfere with or violate a third party's rights to privacy and other rights, or harvest or collect personally identifiable information about third parties without their express consent; (iv) may not use the Services to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (v) may not interfere with or disrupt the integrity, performance, or operation of the Services or any part thereof; (vi) may not attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Services; (vii) may not use or take any direct or indirect action that imposes or circumvents any usage limits; (viii) may not copy (except for making a reasonable number of copies for backup or archival purposes), modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble any portion of the Services, or any material that is subject to our proprietary rights or use any of the foregoing to create any software or service similar to the Services; (ix) may not use any information or materials of any user or other third party appearing on or through the Services, without our prior written consent; (x) may not misrepresent or impersonate any person or provide inaccurate Account information; (xi) use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; or (xii) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or Services. Any breach of these Terms by you, as shall be determined in our sole discretion, may result in the immediate suspension or termination of your Account.
All elements of the Services (including the text, graphics, designs, logos, icons, images, photographs, audio clips, downloads, interfaces, videos, illustrations, Information (as defined in Section 9), code and software, and the selection and manner of compilation and presentation) (collectively, the "Content"), are owned by us, our content providers or our licensors (as applicable), and may be protected by copyright, trademark, and other applicable United States and foreign laws. Company, our content providers, or our licensors (as applicable) retain full and complete title to and reserve all rights in the Content on the Services, including all associated intellectual property rights. Company neither warrants nor represents that your use of Content on the Services will not infringe rights of third parties.
You may access the Services only for your permitted use under these Terms, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any Content you access. Your access to and use of the Services does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services. You agree not to display or use in any manner the Company marks without Company's advance written permission.
All software used in connection with the Services is the property of Company or our licensors and protected by United States and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services or access to the Services, or any contact on the Services through which the Services is provided, without express written permission by us.
Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. You agree to abide by all additional restrictions displayed on the Services, and as they may be updated from time to time.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about us or our Services whether online, by email, by postal mail or otherwise (collectively, "Feedback"). For clarity, Feedback does not constitute User Content. By sending us Feedback you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (a) agree that we are under no obligation of confidentiality, express or implied, with respect to such Feedback, (b) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into the Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Feedback, without acknowledgment, credit or compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential. This Feedback section shall survive any termination of your Account or any aspect of the Services.
Certain information, content, products, and services available via the Services may include materials from third-parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input. Further, third-party links on the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.
You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party's permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services and delete your Account. Deleting your Account can only be done by clicking "Delete Account" from your profile page in the App. Thereafter you shall not be able to use the Services until you renew your registration to the Services. Cancelling your Account may cause the loss of certain information you provided us and/or the capacity of your Account. We do not accept any liability for such loss.
Termination of your Account shall not relieve you of your obligations to pay amounts accrued or owing (if applicable), nor affect any legal rights or obligations which may have arisen under these Terms prior to or at the date of termination. We may terminate, limit, or suspend your use of the Services (or any part thereof) or your Account, if (1) you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, or (2) for any other reason, with or without cause, in our sole discretion. Such termination shall be effective immediately, and may result in the destruction of all information and data associated with your use of the Services.
Upon termination of your Account: (1) all rights granted to you hereunder will automatically terminate, and (2) you must immediately cease all use of the Services. Even after your right to use the Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination and these Terms will remain enforceable against you.
You agree to indemnify, defend, and hold Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all losses, claims, damages, judgments, demands, actions, proceedings, investigations (whether formal or informal), or expenses (including reasonable attorneys' fees), or threats thereof, due to, arising out of or relating to (i) your breach of these Terms or the documents incorporated herein by reference or hyperlink, (ii) your violation of (a) any law or regulation, or (b) the rights of a third-party, or (iii) your use of the Services.
In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your Account on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms, or your access to the Services.
COMPANY PROVIDES THE SERVICES AND THE INFORMATION, MATERIALS, AND/OR DATA (COLLECTIVELY, "INFORMATION") CONTAINED THEREIN FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT WARRANT OR REPRESENT THE ACCURACY, AVAILABILITY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENCY, OR SUITABILITY OF ANY INFORMATION AVAILABLE MADE THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT (1) THE USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK AND (2) YOU (NOT COMPANY) ARE SOLELY RESPONSIBLE FOR MONITORING THE PHOTOGRAPHS YOUR CHILD TAKES. THE SERVICES AND ANY CONTENT THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE".
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICE LINKED TO OR INTEGRATED WITH OUR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (1) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (2) ANY ERRORS IN THE SERVICES WILL BE CORRECTED, (3) THE QUALITY OF THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (4) THE SERVICES WILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF A MALICIOUS AND/ OR DESTRUCTIVE NATURE, (5) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (6) YOUR USE OF THE SERVICES WILL RESULT IN ANY SPECIFIC OUTCOMES.
COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR CONSUMPTION OF ANY CONTENT; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (4) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES; (6) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES; (7) INFORMATION AVAILABLE MADE THROUGH THE SERVICES THAT MAY NOT BE APPROPRIATE FOR THE AGE OF A CHILD; OR (8) LOSS OR DAMAGED CAUSED BY ANOTHER USER'S VIOLATION OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, INTERNS, SUPPLIERS, SERVICE PROVIDERS, APP PROVIDERS (AS DEFINED IN SECTION 18), OR LICENSORS BE RESPONSIBLE OR LIABLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES ARISING FROM THESE TERMS OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO THE LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES, FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE ACCESS TO AND USE OF THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER OF (1) $10 OR (2) (IF APPLICABLE) THE FEES PAID BY YOU TO COMPANY TO USE OUR SERVICES OVER THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.
Company respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content infringes the copyright or other intellectual property rights of any person. Company will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action in accordance with the DMCA and these Terms. If you believe that your copyrighted work is infringed by Content, please provide a written DMCA notice to Company at: privacy@musekat.com
The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When an effective DMCA notification is received, the online service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the user responsible for posting the removed content so that a counter-notification may be filed if applicable. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the DMCA notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect any information contained in any DMCA take-down notice or counter-notification. If you have any questions about your rights, copyright infringement or the notification and counter-notification process under the DMCA, we recommend that you speak with an attorney.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a take-down notification ("Take-Down Notification") pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):
Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys' fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective Take-Down Notification. If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner or the copyright owner's agent or pursuant to the law, to use the material, you may send us a counter notification ("Counter Notification") containing the following information:
You have ten (10) business days after receipt of a Take-Down Notification to send us an effective Counter Notification or the allegedly infringing material may not be restored.
Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys' fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
You must submit your DMCA Take-Down Notification and Counter Notifications to us by email.
Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.
Company reserves the right to remove any content that allegedly infringes another person's copyright or trademark rights, thereby restricting access to or visibility of the content on the Service and restricting the owner's ability to buy, sell, access, or view the content on the Services. All transactions involving the Services are conducted with the knowledge and assumption of the risk that the content may subsequently be removed from the Services because of a DMCA dispute or a user's violation of these Terms. Company shall not be liable to a user of content that was subsequently taken down by Company pursuant to a valid Take-Down Notification or a determination of a user's violation of these Terms.
Company does not currently offer in-App purchases, subscriptions, or other paid features. However, we may introduce paid features in the future. If and when paid features become available, we will update these Terms.
We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
As limited exceptions to Section 13.1. above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each Party shall bear its own costs and expenses of arbitration, including legal fees.
Except as provided in Section 13.2. above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
These Terms and any dispute arising out of or relating to these Terms (including your use of our Services) will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. With respect to any dispute or claims between the parties not subject to arbitration, as set forth above, Company and you submit to the personal and exclusive jurisdiction of the state or federal courts of the State of New York and the United States, respectively, sitting in New York County, New York.
Company may communicate with you using email at any email address that you provide us, to: (1) notify you regarding your Account; (2) provide customer support; (3) troubleshoot problems with your Account; (4) resolve a dispute; (5) collect a debt; (6) poll your opinions through surveys or questionnaires; or (7) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Additionally, Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. In such event that your mobile device does not automatically download and install all available Updates, you agree to promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You give us permission to download and install Updates to the App on your device. This permission can be revoked at any time by deleting the App from your device.
We reserve the right, in our sole discretion, to update, modify, change or replace and part of these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email or providing a banner on the home page of the Services announcing such changes and providing a link to the updated Terms. However, it is your responsibility to check the Services regularly for changes to these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of or access to our Services after we provide such notice will constitute acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services' descriptions, information, materials, pricing, promotions, and offers. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time (including after you have submitted an order).
We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, such provision shall nonetheless by enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, our Privacy Policy and any other policies or operating rules posted by us on the Services or in respect to the Services constitute the complete and exclusive agreement and understanding between you and us related to the Services, and supersedes all other prior or contemporaneous agreements, communications, proposals and understandings between you and Company relating to its subject matter (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Except as otherwise expressly provided herein, these Terms are intended solely for the benefit of Company and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.
Since you are downloading the App from a third-party app store or distribution platform (like the Apple App Store, Google Play or the Amazon App store) where the App is made available (each, an "App Provider") your use of the App may also be governed by usage rules which the App Provider may have established, and which relate to your use of the App ("Usage Rules"). In addition to the Usage Rules specified in this Section below, it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.
Where any terms set out under in these Terms are less restrictive than, or otherwise are in conflict with, applicable terms of the App Providers (including Apple's usage rules set forth in Apple's App Store Agreement), the terms of the applicable App Provider will prevail. We acknowledge and you acknowledge and agree that the App Provider(s) (and the App Providers' subsidiaries) are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereto.
If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (2) as permitted by the "Usage Rules" set forth in Apple's App Store Agreement.
Subject to the terms of these Terms, if you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
If you have any comments, questions, and concerns about these Terms or our Services, please contact us at privacy@musekat.com.