MUSE WEBSITE TERMS
AND CONDITIONS
OF ACCESS AND USE

Welcome to the Muse websites, including https://musestorytelling.org and www.buildstory.org (the “Sites”). The Sites are owned by Muse Storytelling, Inc. (“Muse”) and is provided for informational purposes only. The Sites also offer an option to subscribe to a certain software service offered by Muse (the “Software”). Regardless of whether You subscribe to the Software, Your access to the Sites is governed by this Terms and Conditions of Access and Use Agreement (the “Agreement”). As used in this Agreement, the terms “You” and “Your” refer to the person or entity accessing or using the Sites. We encourage You to read this Agreement carefully.

By using or accessing the Sites, or by clicking “I Accept” when signing up for an account with the Sites or as a subscriber to the Software, You acknowledge and agree to be bound by all the terms and conditions of this Agreement and the privacy policy available at https://musestorytelling.org/privacy-policy/ (the “Policy”), including the terms and conditions expressly set out below and those incorporated by reference.

Muse reserves the right to change or modify Agreement, Policy, and Sites at any time and in its sole discretion without further notice to You. Any changes or modifications are effective upon posting the changes or modifications at https://musestorytelling.org/terms. By continuing to use the Sites or Software following the changes or modifications to the Agreement constitutes Your acceptance of such changes or modifications. Therefore, You should frequently review the Sites, this Agreement, and applicable policies from time-to-time to understand the terms and conditions that apply to Your access and use of the Sites.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE OR ACCESS THE SITES.


1. Access and Limitations on Use

a.        Access.  Subject to the terms and conditions of this Agreement, including the Policy which is incorporated herein by reference, Muse grants You a limited, nonexclusive, revocable right to access and make personal, non-commercial use of the Sites, provided You do not modify, alter or download (other than page caching) any portion of the Sites unless otherwise specifically provided herein or You have obtained written authorization in advance from Muse. The permission granted to You shall terminate automatically and immediately if You breach any of the terms or conditions set forth in this Agreement.  Muse reserves the right to modify or remove any materials or services listed on the Sites at any time without further notice. All rights not expressly granted herein, are expressly reserved by Muse.

b.       Required Submission.  To access certain materials or portions of the Sites, or certain resources offered by the Sites, Muse may require that You provide additional information or in some cases, payment. Muse may deny access to such portions or resources on the Sites if You decline to provide the requested information or payment. You further agree and represent that any information provided by You as accurate and truthful.

c.        Equipment.  You are responsible for providing, maintaining and ensuring compatibility with the Sites including all hardware, software, electrical and other physical requirements for Your use of the Sites, including, without limitation, Internet access connections.

d.       Accessibility.  You acknowledge and agree that at times the Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Muse may undertake from time to time without notice to You; or (iii) causes which are beyond the control of Muse or which are not reasonably foreseeable.

e.        Confidential or Proprietary Information or Content.  You agree to not use the Sites as a means of submitting information You consider to be confidential or proprietary.  Except as otherwise expressly provided herein or in a written agreement with Muse applicable to Your particular use of the Sites, any submission of material by You will be considered a contribution to Muse for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission.  Accordingly, You agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by You in the form of e-mail or any other submission to Muse, or postings on the Sites, arenot confidential (subject to the Policy). Muse shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment, notice, or compensation to You.

f.        Termination of Access.  Muse shall have the right to revoke Your license and access to the Sites at any time, without notice, for any reason in its sole discretion including, but not limited to, if in Muse’s opinion You have violated the Agreement or the Policy.


a.        Commercial Use and Reproduction.  You shall not make any commercial use of the Sites or their contents.  You further agree not to copy any content for the benefit of any third-party or use any data mining, robots, or similar data gathering tools.  The Sites or any portion thereof may not be reproduced, copied, displayed, sold, visited, or exploited for any commercial purpose.

b.       Unauthorized Actions.  You agree not to interfere, disrupt or attempt to gain unauthorized access to the Sites or any other related computer network.  You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program. 

c.        Unlawful or Harmful Activity.  You agree to use the Sites only for lawful purposes and You agree You will not intentionally or unintentionally violate any local, state, or federal law. You will not impersonate any third-party. You will not upload or transmit any information, pictures, text, video, or any other content that violates or infringes the copyright, trademark, trade secret, right of publicity, or any other rights of a third-party. You will not upload, post, or transmit any unsolicited or unauthorized advertising, including spam. You will not engage in any activity deemed by Muse, in its sole discretion, to be in conflict with the spirit or intent of this Agreement.

2. Prohibited Uses


3. Account security

a.        Security Responsibility.  If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Sites or portions of it using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. You agree and acknowledge that Muse has the right to disable any user name, password or other identifier, whether chosen by You or provided by Muse, at any time.


4. Your Information

a.        Privacy.  Muse does not sell or rent Your personal information to third-parties for their marketing purposes without Your explicit consent and Muse only uses Your information as described in the Policy, available at https://musestorytelling.org/privacy-policy/. We understand the importance of protecting Your personal information, but if You object to Your information being transferred or used in this way, please do not use the Sites.

b.       Cookies.  When You visit the Sites, Muse may store some information on Your computer. This information will be in the form of a “cookie.” Please refer to our Policy for more information regarding cookies, available at https://musestorytelling.org/privacy-policy/.


a.        Trademarks.  Certain trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Sites are owned by Muse. The Sites may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may You use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed on the Sites without the express written permission of Muse.

b.       Copyrighted Works.  All content contained on the Sites, including, but not limited to, images/video, electronic art, graphics, sounds/audio, data, communications programs, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, and databases (“Copyrighted Works”) are exclusively owned by Muse and is protected by U.S. and international copyright laws. You agree that You will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Muse.

5. Intellectual property


6. RELiance on information posted

a.     Informational Purposes Only. The information presented on or through the Sites is made available solely for general information purposes. Muse does not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. Muse disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Sites, or by anyone who may be informed of any of their contents.

b.     Third-Party Content. The Sites may include content provided by third-parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Muse, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion Muse. Muse is not responsible, or liable to You or any third-party, for the content or accuracy of any materials provided by any third-parties.

c.     Links.  The Sites may contain hyperlinks to other web sites (“Other Sites”). If You use the hyperlinks to access these Other Sites, You will leave the Sites and Your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and Other Sites may have different practices. You acknowledge and agree that Muse is not responsible for the content presented by Other Sites and does not endorse the operator. Muse also does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. If a third-party links to the Sites, it is not an indication of endorsement, affiliation, or sponsorship by or with Muse. Muse may not even be aware that a third-party has linked to the Sites.


You understand that Muse cannot and does not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data.

MUSE AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE SOFTWARE “AS IS WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, AND MUSE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. MUSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MUSE OR A MUSE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

7. Disclaimer of warranties


8. Limitation of Liability

IN NO EVENT WILL MUSE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 


9.      Indemnification

You agree to indemnify, hold harmless and defend Muse, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to the breach of this Agreement or the unauthorized use of the Sites.


10. Monitoring and Enforcement; Termination

a.        Right to Monitor.  You acknowledge that Muse has the right to (i) monitor Your use of the Sites to ensure compliance with the Agreement; (ii) take any action with respect to any content that Muse deems appropriate in its sole discretion, including if Muse believes that such content violates the Agreement, including violation of third-party rights, safety of others or property, or if it could create liability for Muse; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of Your identity, for any illegal or unauthorized use of the Sites.

b.       Termination.  This Agreement is effective upon Your acceptance as set forth herein and shall continue in full force until terminated.  Muse reserves the right, in its sole discretion and without notice, at any time and for any reason, to:  (i) remove, suspend, or disable access to all or any portion of the Site; and (ii) terminate this Agreement.  Sections 2, 5, 7-9, 12, and 13 shall survive any termination of this Agreement.


11. Digital Millennium Copyright Act

a.        Notices of Claimed Infringement.  Muse respects the intellectual property rights of others and it is Muse’s policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Muse’s Designated Agent at [email protected]ytelling.org.

b.       Contents.  To be effective, a notice must contain all of the following information:

                           i.     A signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner;

                         ii.     A description of the copyrighted work that You claim has been infringed;

                        iii.     A description of the material that You claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit Muse administrators to locate the material;

                        iv.     Information sufficient for us to contact You, such as address, telephone number and e-mail address;

                         v.     A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

                        vi.     A statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

c.   If You believe any content or materials posted or uploaded by You were improperly removed or disabled, You may submit a Counter-Notification to Muse’s Designated Agent at [email protected] with all of the following information:

                      i.         Your signature (physical or electronic);

                     ii.         A description of the work at issue;

                     iii.         A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

                     iv.         Your name, address and telephone number, and a statement that You consent to jurisdiction of the Federal District Court for the judicial district in which the address is located, and that You will accept service of process from the person who provided notification of the alleged infringement.

                  


This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Oregon. The Parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each Party by the federal and/or state courts in the State of Oregon. The Parties hereby irrevocably waive any and all objections which any Party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Oregon and to the venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Oregon. Should You breach any of the terms of this Agreement, You hereby agree to pay all the reasonable attorneys’ fees incurred by Muse in enforcing the terms of this Agreement.  The attorneys’ fees shall be paid by You irrespective of any damages recovered or any relief afforded to Muse.

12. Governing Law; Jurisdiction; Venue; Attorneys’ Fees


a.        Waiver. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.  No waiver shall be binding unless executed in writing by the party making the waiver.

b.       Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

c.        Entire Agreement. This Agreement, the Policy, and if applicable the subscription agreement constitutes the complete and exclusive statement of the agreement between You and Muse and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between You and Muse.

d.       Comments or Questions.  Feedback, comments, requests for technical support and other communications relating to the Sites should be directed to [email protected].

13. 
Miscellaneous