Terms of Use

Welcome to myMuseo.com. We are happy to have you as a part of our community. Take a look around and please note our Terms of use:

What are the Terms?

This document and the other documents that we reference below are our Terms of Use (Terms for short).

The Terms are a legally binding contract between you and myMuseo.com. By using any of our Services (even just browsing Site & Services), you are agreeing to the Terms.

You acknowledge and agree that, by accessing or using the Site and Services or by selling or purchasing a work on or through the Site and Services or by posting any content on the site, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the Site and Services.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

This document sets out your rights and responsibilities when you use myMuseo.com, our mobile site, and the other services provided by myMuseo.com (we’ll refer to myMuseo.com, our mobile services and other services collectively as our “The Site and Services”), so please read it carefully. If you don’t agree with the Terms, you may not use our Site and Services.

Modifications to The Terms

myMuseo.com reserves the right to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and Services or provide you with notice of the modification. The Terms will include "Last Updated (Date)" at the bottom of the document. By continuing to access or use the Site and Services after we have posted a modification on the Site and Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

If the modified Terms are not acceptable to you your recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site and Services by anyone under 13 is expressly prohibited. By accessing or using the Site and Services you represent and warrant that you are 13 or older.

To register as a member of the Site and Services you must be 18 or older. Registering to use the Site and Services by anyone under 18 is expressly prohibited. By accessing or using the Site and Services you represent and warrant that you are 18 or older.

Account Registration

myMuseo.com reserves the right to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and Services or provide you with notice of the modification. The Terms will include "Last Updated (Date)" at the bottom of the document. By continuing to access or use the Site and Services after we have posted a modification on the Site and Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

Protect your password. You are solely responsible for any activity on your account, so it’s important to keep your account password secure. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to immediately notify myMuseo.com of any unauthorized use of your Account.

Your account is non-transferable. This means you may not give or sell your account to any 3rd party.

Seller Terms and Conditions

Your Content

Content that you post using our Site and Services is your content (Your Content). We don’t make any claim to ownership. That includes anything you post using our Site and Services (like usernames, profile pictures, listing photos, listing descriptions, collections, comments, etc.).

• Take Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it to myMuseo.com.
• Where you currently live (we suggest for privacy reasons that you do not include a street address: only your city & state, or city only)
• Permission to Use Your Content. By posting Your Content through our Services, you grant myMuseo.com a license to use it. myMuseo.com does not claim any ownership to Your Content, but we have your permission to use it to help promote you and to help myMuseo.com grow. We don’t infringe any rights you have for Your Content.
• By posting Your Content, you grant myMuseo.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, reproduce and store in our database and use Your Content to promote myMuseo.com, in any formats and through any channels, including across all myMuseo.com Services or third-party website or advertising medium.
• Reporting Unauthorized Content. myMuseo.com has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please Flag the content as Abuse where you will be able to describe the reasons you believe we should remove the content. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
• Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on myMuseo.com (for legal reasons or otherwise):
• infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
• is false, misleading or deceptive
• is defamatory, obscene, pornographic, vulgar or offensive
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
• Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on myMuseo.com (for legal reasons or otherwise):
• is violent or threatening or promotes violence or actions that are threatening to any other person
• promotes illegal or harmful activities or substances

Listing Items on the Site & Services

As a Member, you may create listings for works of art and items you that you have created or own on the Site and Services.

You may list items that are for sale, or you may also list items that you want to share with the community only. You may delete a listing at any time. myMuseo.com does not delete listings unless they violate and or the Terms and related documents.

Responsibility for Listings

You acknowledge and agree that you are solely responsible for all items that you make available through the Site and Services. Accordingly, you represent and warrant that:

• Original Works of Art that you make available through the Site and Services: you are the creator or owner of all such Original Works of Arts
• The Original Works of Art that you make available through the Site and Services do not infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sales

If you submit listings that are for sale, you acknowledge that myMuseo.com does not make any transactions between you and the Buyer. All transactions are an agreement between you and the Buyer.

You will be responsible for providing billing and shipping information to the purchaser and for processing payment through 3rd party transactional services such as PayPal, Apple Pay and similar services. You agree that once an item has shipped you will enter the shipper and tracking number in the myMuseo.com system (through Sales in your dashboard).

In your Dashboard under the Sales tab on myMuseo.com, you will be able to communicate with the purchaser. You will be responsible for shipping the purchased item directly to the purchaser. You agree to ship the purchased items to the buyer within seven days following the date of purchase.

If you do not ship the purchased item to the purchaser within seven days following the date of purchase the buyer can file a claim through the 3rd part transactional service. If you have reoccurring claims or unresolved claims myMuseo.com reserves the right to remove your account from the Site and Services.

Purchases of Items Listed on myMuseo.com

As a Member, you may purchase items that are listed for sale by other Members on the Site and Services. When you purchase an item through the Site and Services, you are purchasing the work from the Member, not myMuseo.com, as identified on the listing for any and all items. Prices for items will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges.

The Member identified on the listing of item (Seller) will contact you (Buyer) and agree on a shipper and shipping method. The Seller will contact you with an invoice that includes the price as stated on the Site and Services, plus the agreed upon, shipping and handling costs, and the agreed upon 3rd party transactional service. Once payment is received the Seller will ship the purchased work directly to you within seven days as described above.

Order Cancellations

The Seller or Buyer reserve the right to cancel any order for any item at their sole discretion.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site and Services—subject to the Terms and the following restrictions in particular:

• Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
• Don’t use, display, mirror or frame the Site and Services, or any individual element within the Site and Services, myMuseo.com's name, any myMuseo.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page
• Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, or target the Site and Services with harmful computer code.
• Follow Our Trademark Policy. The names “myMuseo.com” and the other myMuseo.com marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of myMuseo.com in the US and other countries
• Early termination by You. We'd hate to see you go, but you may terminate your account with myMuseo.com at any time. If you choose to do so, contact us.
• Termination by myMuseo.com. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. myMuseo.com may refuse service to anyone, at any time, for any reason.
• If you or myMuseo.com terminate your account, you may lose any information associated with your account, including your Content.
• We may discontinue the Site & Services. myMuseo.com reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Site and Services may have on you, including your ability to generate revenue through the Site and Services.

Prohibitions

You agree to not do any of the following:

• Attempt to access or search the Site and Services, myMuseo.com Content or Member Content or download myMuseo.com Content or Member Content from the Site and Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like)
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services, myMuseo.com Content or Member Content
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services myMuseo.com Content or Member Content to send altered, deceptive or false source-identifying information
• Send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
• Impersonate or misrepresent your affiliation with any person or entity

myMuseo.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. myMuseo.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that myMuseo.com has no obligation to monitor your access to or use of the Site and Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. myMuseo.com reserves the right, at any time and without prior notice, to remove or disable access to any Member Content that myMuseo.com, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site and Services.

Disclaimers

The site, services, myMuseo.com content and member content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, myMuseo.com explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade.

myMuseo.com makes no warranty that the Site and Services, myMuseo.com Content or Member Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. myMuseo.com makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the Site and Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site and Services.

No advice or information, whether oral or written, obtained from myMuseo.com or through the Site and Services, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other members or users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site and Services.

You understand that, except as expressly set forth in these terms, myMuseo.com does not screen or inquire into the background of members or other users of the Site and Services, nor does myMuseo.com make any attempt to verify the statements of any members or users of the Site and Services.

myMuseo.com makes no representations or warranties as to the conduct of users of the Site and Services. You agree to take reasonable precautions in all communications and interactions with other members or users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site and Services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and myMuseo.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site and Services, myMuseo.com Content or Member Content, or your violation of these Terms.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law’s provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the State of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Contacting myMuseo.com Art

If you have any questions about these Terms, please contact myMuseo.com at info@mymuseo.com.

Last Updated September 18, 2018