1. Owner and Operator Information

1.1 The App is owned and operated by MuseMuse Holdings Ltd, a company whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“MuseMuse”).

1.2 For the purpose of these Terms and Conditions of Use, any reference to “MuseMuse”, “we” or “us” may be a reference to MuseMuse Holdings Ltd.

2. User Restrictions and Access

2.1 To use certain functionalities of the App, you may be required to register or sign in as a MuseMuse user or create an account.

3. Acceptable Use

3.1 You may:

• (a) Access any part of the App (save that only MuseMuse registered users will be able to access certain functionalities).

3.2 You may not:

• (a) Copy, distribute, broadcast, alter, or tamper with any material contained in the App (including User Generated Content, unless it is your own User Generated Content that you legally post to the App).
• (b) Remove any copyright, trademark, or other intellectual property notices from any material copied or printed off from the App.
• (c) Link to the App.
• (d) Use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App or any operating system.
• (e) Use the App in a way which could overburden, impair or compromise MuseMuse’s systems or security.
• (f) Change or delete any ownership notices from materials downloaded or printed from the App.

3.3 If you wish to provide a hypertext or other link to the App, please email contact@musemuse.app with details of:

• (a) The URL(s) of the web page(s) from which you are proposing to link to the App; and
• (b) The URL(s) of the web page(s) on the App to which you are proposing to link.

3.4 MuseMuse may, at its sole discretion, agree to or reject any request made in accordance with Clause 3.3 above. MuseMuse has no obligation to agree to any such request or to provide any reason for accepting or rejecting any such request.

4. Mobile Services

Your use of the App is free, but be aware that your carrier’s normal rates apply. The App contains services and features that are available to certain mobile Devices. By using the App, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we don't send your messages to the person who acquired your old number.

5. Your Responsibilities

5.1 You agree that you will indemnify us (this means you will be responsible) for any losses or damage we suffer as a result of the User Generated Content you upload (such as if such content infringes the intellectual property rights of a third party), or by using our App in a way that violates these Terms and Conditions of Use or applicable laws.

5.2 You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our App. This includes using (or permitting, authorizing or attempting the use of):

• (a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App, content, information or services accessed via the same.
• (b) Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

6. Security

6.1 If you choose or are provided with a username, password or any other piece of information as part of MuseMuse’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the App under your username and/or password. You are responsible for any actions that take place while using your App account or while using the App via your Device and MuseMuse is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

7. Intellectual Property Rights (“IPR”)

7.1 All intellectual property contained in or on the App is owned by MuseMuse. All content in the App including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of MuseMuse. MuseMuse reserves all of its rights in respect of the IPR contained in the App and in respect of the Content.

7.2 In particular, the App contains trademarks including, but not limited to, the mark "MuseMuse" and the MuseMuse emblem. All trademarks included on the App are owned by MuseMuse. MuseMuse reserves all of its rights in respect of the trademarks included on the App.

7.3 Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by MuseMuse.

8. Data Protection and Privacy Policy

8.1 Personal details and other information relating to you provided to MuseMuse through the App will only be used in accordance with our Privacy Policy. Please read this carefully before continuing.

9. Disclaimer and Liability

9.1 You are responsible for the accuracy of the information that you enter or submit into the App. While MuseMuse does its best to ensure that any information provided as part of the App is correct at the time of inclusion on the App, MuseMuse cannot guarantee the accuracy of such information.

9.2 To the fullest extent permitted by law, MuseMuse disclaims all warranties, express or implied, regarding the operation and use of the App and any products accessed via the App. You understand and agree that you use the App at your own risk and that you are solely responsible for your use and for any damage to the Device through which you access the App, loss of data or any other harm of any kind which may result from downloading, accessing or using the App.

9.3 To the fullest extent permitted by law, MuseMuse shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with any products accessed via the App, your use of the App, or for your reliance on any information or advice contained in the App for:

• (a) Loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
• (b) Losses caused by business interruption;
• (c) Loss of goodwill or reputation;
• (d) Loss or corruption of data, information or software; or
• (e) Any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the App or any materials posted on it,

even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or MuseMuse.

9.4 Further, MuseMuse shall not be liable to you or any third party in respect of fraud, negligence, act, default or omission or willful misconduct of:

• (a) Independent contractors engaged by MuseMuse, or their employees, contractors or agents; and
• (b) Any retail site staff or their employees, contractors or agents.

9.5 Nothing in these Terms and Conditions of Use shall limit or exclude MuseMuse’s liability for death or personal injury caused by MuseMuse’s negligence or for fraud or fraudulent misrepresentation.

10. External Websites and Applications

10.1 The App may include links to external websites or applications. When you follow such links, the external website or application may appear as a full screen (in which case you will need to use the Device button to return to the App) or in some cases it may appear within the frame of the App (in which case you will be able to return to the App by using the navigation buttons within the frame or the App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. MuseMuse is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which the App includes a link infringes the intellectual property rights of any third party).

11. Changes to/Operation of the App

11.1 MuseMuse may change the format and content of all or any part of the App at any time, including but not limited to the removal of features or functionalities in the App.

11.2 MuseMuse may suspend the operation of the App, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

11.3 Updates to the App may be issued from time to time through the Appstore or Google Play. Depending on the update, you may not be able to use all or part of the App until you have downloaded the latest version of the App and accepted any new terms.

12. Transfer of Rights

12.1 MuseMuse may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of MuseMuse. Any such transfer will not affect your rights or MuseMuse’s obligations under these Terms and Conditions of Use.

13. Complaints Procedure

13.1 If you have a question or complaint about the App, please email contact@musemuse.app.

14. Severance

14.1 Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.

15. Termination

15.1 MuseMuse reserves the right in its sole discretion to terminate your account and/or access to the App or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the App at any time, for any or no reason, without notice and without liability to you or anyone else. MuseMuse also reserves the right to prevent access to the App or any of its functionalities or features.

15.2 After any line of action subject to Clause 15.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.

15.3 You understand and agree that some of your User Generated Content may continue to appear on or through the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the App is terminated.

15.4 These Terms and Conditions of Use remain in effect after your account and/or access to the App is terminated.

16. Changes to these Terms and Conditions of Use

MuseMuse may change these Terms and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the App. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the App. Any use of the App thereafter will be on the basis of those revised Terms and Conditions of Use. Please do not use the App if you do not agree to the terms of our revised Terms and Conditions of Use.

17. Jurisdiction

Please note that these Terms and Conditions of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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