muses & rebels™: terms of use

these terms and conditions govern your use of musesandrebels.com (the “site”). please read these terms carefully.  your use of the site constitutes your agreement to follow and be bound by these terms. if you do not agree to these terms, you should not access or use the site. muses & rebels reserves the right to make changes to the site and to these terms at any time.  any changes will be posted here.  muses & rebels provides you with access to and use of the site subject to your compliance with the terms.

no material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  the site, including all of its information and contents, such as text, data, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the html used to generate the pages is muses & rebels property.  we reserve the right in our sole discretion and without notice to you, to revise the products and services described on the site and to terminate, change, suspend or discontinue any aspect of the site and we will not be liable to you or to any third party for doing so.

prohibited use 
the site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the site, purchasing products, providing information to the site, and downloading product information for your personal review. you are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the site. muses & rebels prohibits any use of the site, and requires all users to agree not to use the site, for any of the following:

  • posting any information which is incomplete, false, inaccurate or not your own
  • engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol
  • communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
  • communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
  • attempting to interfere in any way with the site’s or muses & rebels’ networks or network security, or attempting to use the site's service to gain unauthorized access to any other computer system

security 
violations of system or network security may result in civil or criminal liability.  muses & rebels will investigate occurrences and may involve law enforcement authorities in prosecuting any user or users who are involved in such violations. you are prohibited from violating or attempting to violate the security of the site, including, without limitation, the following:

  • accessing data not intended for you or logging into a muses & rebels server or account, which you are not authorized to access
  • attempting or succeeding to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  • attempting to interfere or interfering with the operation of our site, our provision of services to any other visitors to our site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "mail bombing" or "crashing" the site
  • forging any tcp/ip packet header or any part of the header information in any e-mail or transmission or posting to our site

product & pricing information 
although muses & rebels has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and muses & rebels cannot guarantee that the user's monitor will accurately portray the actual colors of the products. products displayed may be out-of-stock or discontinued, and prices are subject to change.  muses & rebels is not responsible for typographical errors regarding price or any other matter.

proprietary rights 
as between you and muses & rebels, muses & rebels is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the site, and is the owner or licensee of the materials and contents of the site, unless otherwise indicated. you agree not to display or use the muses & rebels intellectual property in any manner without muses & rebels’ prior permission.

use of the site does not grant you a license to any materials and content or features you may access on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content in whole or in part. any commercial use of the site is strictly prohibited.  you may not download or save a copy of any of the materials and content or screens for any purpose. if you make unlawful use of the site you may be subject to liability for such unauthorized use. the information on the site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

privacy policy and user information 
you may be asked to provide certain information to us in the course of your use of the site.  you acknowledge and agree that you are solely responsible for the accuracy and content of such information. if you respond to muses & rebels with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. all such submissions shall be deemed the property of muses & rebels.  muses & rebels will not be liable for any use or disclosure of such information. muses & rebels will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. muses & rebels’ use of any personal information you provide via the site shall be governed by our privacy policy. for further information regarding muses & rebels’ protection of your personal information, please refer to our privacy policy.

disclaimers & limitations of liability 
muses & rebels attempts to provide accurate and timely information on the site, however, there may be inadvertent technical or factual inaccuracies and typographical errors. we reserve the right to make corrections and changes to the site at any time without notice. the muses & rebels products described in the site may not be available in your region. you assume all responsibility and risk with respect to your use of the site, which is provided "as is." muses & rebels disclaims all warranties, representations and endorsements of any kind. with regard to information accessed from or via the site, including without limitation, all content and materials, functions and services provided on the site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.  muses & rebels does not warrant that the site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected.  muses & rebels makes no warranty that the site will meet users’ expectations or requirements.  no advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. if you are dissatisfied with the site, your sole remedy is to discontinue using the site.  any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

MUSES & REBELS MAKES NO WARRANTIES OF ANY KIND REGARDING ANY NON-MUSES & REBELS SITES TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THIS SITE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND MUSES & REBELS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH NON-MUSES & REBELS SITES. MUSES & REBELS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON THE SITE.

IN NO EVENT SHALL MUSES & REBELS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MUSES & REBELS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

indemnity 
you agree to defend, indemnify and hold muses & rebels, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of the terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

general information 
these terms constitute the entire agreement between you and muses & rebels and govern your use of the site, and they supersede any prior agreements between you and muses & rebels. you also may be subject to additional terms and conditions that are applicable to certain parts of the site. muses & rebels may terminate this agreement and deny you access to the site at any time, immediately and without notice, if in muses & rebels’ sole discretion you fail to comply with any provision of these terms.

any claim or cause of action you may have with respect to muses & rebels or the site must be commenced within one (1) year after the claim or cause of action arose.

the failure of muses & rebels to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. the invalidity of any term, condition or provision in these terms shall not affect the enforceability of those portions of the terms deemed enforceable by applicable courts of law.

these terms shall be governed by, construed and enforced in accordance with the laws of the state of california, without giving effect to any conflict of law provisions. any dispute arising under these terms shall be resolved exclusively by an appropriate federal or state court sitting in the state of california.

you may not assign the terms or any of your rights or obligations under the terms without muses & rebels’ express written consent. the terms inure to the benefit of muses & rebels’ successors, assigns and licensees. the section titles in these terms are for convenience only and have no legal or contractual effect.

to contact us with any questions or concerns in connection with these terms or the site, or to provide any notice under these terms to us please refer to our contact us page.

last updated december 23, 2010