Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
To access or use UserMuse, (1) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of UserMuse must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of UserMuse, must have the power and authority to enter into these Terms. Except as otherwise approved by us, UserMuse is for your personal use unless you enter into a separate agreement with us. You may not use UserMuse if we have terminated your account or banned you, at our sole discretion.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on UserMuse. For more information please see our Legal FAQs.
You agree that you will not:
This provision applies to all advertisers. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
We do not claim ownership in any Content that you submit to UserMuse, but to be able to legally provide UserMuse to our users, we have to have certain rights to use such Content in connection with UserMuse, as set forth below. By submitting any Content to UserMuse, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to UserMuse's exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through UserMuse. You should only submit Content to UserMuse that you are comfortable sharing with others under the terms and conditions of these Terms.
UserMuse contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and UserMuse owns and retains all property rights in UserMuse. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from UserMuse solely for your personal use in connection with using UserMuse. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on UserMuse or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to UserMuse. UserMuse ™ is a trademark of UserMuse, LLC. The trademarks, logos and service marks ("Marks") displayed on UserMuse are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "UserMuse Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of UserMuse, including but not limited to those due to or arising from your breach of any provision of these Terms.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of UserMuse. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on UserMuse, whether caused by users or by any of the equipment or programming associated with or utilized in UserMuse. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on UserMuse or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with UserMuse. Under no circumstances shall we be responsible for any loss or damage resulting from use of UserMuse or from any Content posted on UserMuse or transmitted to users, or any interactions between users of UserMuse, whether online or offline.
UserMuse is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) UserMuse will meet your requirements; (2) UserMuse will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of UserMuse will be accurate or reliable.
You hereby release the UserMuse, LLC from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of UserMuse, or (2) your participation in any of our offline events.
IN NO EVENT SHALL USERMUSE LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF USERMUSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT USERMUSE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF USERMUSE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use UserMuse and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of UserMuse, in our sole discretion and without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of UserMuse. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
We may revise these Terms from time by posting an updated version on UserMuse and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of UserMuse is subject to the most current effective version of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from UserMuse. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Virginia subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Virginia. You further agree that discovery proceedings arising from such subpoenas shall be brought and resolved exclusively in the state courts located within Fairfax County, Virginia or the jurisdictionally appropriate federal court, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND USERMUSE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND USERMUSE AGREE THAT EACH 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against UserMuse, LLC by companies or other legal entities; and (d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to UserMuse should be sent to the Litigation Department, UserMuse Inc., 460 Latrobe Pl, Alexandria, VA 22311. If you have an account on UserMuse, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If UserMuse and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or UserMuse may commence formal proceeding.
Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or UserMuse shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Tysons Corner, Virginia. For any claim where the total amount of the award sought is $10,000 or less, you and UserMuse may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and UserMuse subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or UserMuse may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same UserMuse user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than an change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and UserMuse. We will notify you of changes to this Arbitration section by posting the changes on UserMuse at least 30 days before the effective date of the changes. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.