Last updated: [DATE]
1. Agreement to These Terms
These Terms of Service ("Terms") are a binding legal agreement between you, whether acting personally or on behalf of an entity ("you"), and [MUSTER LEGAL ENTITY NAME] ("Muster," "we," "us," or "our"), a company organized under the laws of [JURISDICTION] with its registered office at [REGISTERED ADDRESS]. These Terms govern your access to and use of the Muster website, together with any related pages, media, tools, applications, and services that link to or reference these Terms (collectively, the "Site").
By accessing or using the Site, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must stop using it immediately.
We may revise these Terms from time to time at our sole discretion. Changes take effect when posted, and we will signal them by updating the "Last updated" date above. You waive any right to receive individualized notice of each change, and your continued use of the Site after revised Terms are posted constitutes your acceptance of those revisions. It is your responsibility to review these Terms periodically.
The information on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would violate applicable law or would subject us to a registration requirement in that jurisdiction. If you access the Site from another location, you do so on your own initiative and are solely responsible for compliance with local laws.
The Site is not designed to satisfy industry-specific regulatory regimes (such as HIPAA, FISMA, or the Gramm-Leach-Bliley Act). If your use of the Site would be subject to such regimes, you may not use the Site.
The Site is intended for users who are at least 18 years of age. Persons under 18 are not permitted to use or register for the Site.
2. Intellectual Property Rights
Unless otherwise indicated, the Site and all of its contents — including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, "Content") — and the trademarks, service marks, and logos displayed on it (the "Marks") are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws of [JURISDICTION], the United States, the European Union, and international conventions.
The Content and Marks are made available on the Site "as is" for your information and personal, non-commercial use only. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and to download or print copies of Content to which you have properly gained access, solely for your own personal, non-commercial purposes.
Except as expressly permitted above or in a separate written agreement with us, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior express written permission.
We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. Any breach of this Section 2 constitutes a material breach of these Terms, and your right to use the Site will terminate immediately. We further reserve the right to pursue damages and injunctive relief for any unauthorized use.
3. User Representations
By using the Site, you represent and warrant that:
- you have the legal capacity to enter into these Terms and agree to comply with them;
- you are at least 18 years of age and not a minor in the jurisdiction where you reside;
- you will not access the Site by automated or non-human means (such as a bot, script, or scraper), except as we may expressly authorize in writing;
- you will not use the Site for any illegal or unauthorized purpose; and
- your use of the Site will not violate any applicable law or regulation.
If any information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your access and refuse any and all current or future use of the Site (or any portion of it).
4. Prohibited Activities
You may not access or use the Site for any purpose other than the purpose for which we make it available. Without limiting the foregoing, you agree that you will not:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;
- trick, defraud, or mislead us or other users, including any attempt to obtain account credentials or other sensitive information;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict copying of Content or enforce use limitations;
- disparage, tarnish, or otherwise harm us or the Site, in our reasonable judgment;
- use information obtained from the Site to harass, abuse, or harm another person;
- make improper use of our support services or submit false reports of abuse or misconduct;
- use the Site in a manner inconsistent with any applicable law or regulation;
- engage in unauthorized framing of, or linking to, the Site;
- upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malicious code, or any material that interferes with any party's uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the Site's operation;
- use any automated system — including scripts, spiders, robots, scrapers, cheat utilities, or offline readers — to access the Site, or launch any unauthorized comment or message posting;
- delete any copyright or other proprietary rights notice from any Content;
- impersonate another user or person, or use another user's credentials;
- upload or transmit any material that acts as a passive or active information collection or transmission mechanism (including web bugs, cookies, gifs, pixel tags, or similar spyware or tracking devices);
- interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to it;
- harass, annoy, intimidate, or threaten any of our employees, contractors, or agents;
- attempt to bypass any measure designed to prevent or restrict access to the Site or any portion of it;
- copy or adapt the Site's software, including any HTML, CSS, JavaScript, or other code;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, except as permitted by applicable law;
- use a buying agent or purchasing agent to make purchases on the Site;
- collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretenses; or
- use the Site or its Content in any effort to compete with us, or otherwise use the Site or the Content for any revenue-generating endeavor or commercial enterprise not authorized by us.
5. User-Generated Contributions
The Site does not currently offer users the ability to submit or post content publicly. To the extent we enable any functionality that allows you to create, submit, post, display, transmit, publish, or distribute content or materials to us or via the Site (collectively, "Contributions"), Contributions may be viewable by other users and through third-party websites, and will be treated as non-confidential. When you make any Contribution, you represent and warrant that:
- the creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contribution does not and will not infringe the proprietary rights of any third party, including copyright, patent, trademark, trade secret, or moral rights;
- you are the creator and owner of, or have all necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users to use, your Contribution as contemplated by these Terms;
- you have the written consent, release, and/or permission of every identifiable individual appearing in your Contribution to use their name or likeness as contemplated by these Terms;
- your Contribution is not false, inaccurate, or misleading;
- your Contribution is not unsolicited or unauthorized advertising, promotional material, a pyramid scheme, chain letter, spam, mass mailing, or other form of solicitation;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us;
- your Contribution does not ridicule, mock, disparage, intimidate, or abuse anyone;
- your Contribution is not used to harass or threaten any other person (in the legal sense of those terms) or to promote violence against a specific person or class of people;
- your Contribution does not violate any applicable law, regulation, or rule, including laws governing privacy and child protection;
- your Contribution does not violate the privacy or publicity rights of any third party;
- your Contribution does not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap; and
- your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.
Any use of the Site in violation of this Section 5 constitutes a breach of these Terms and may result, among other things, in the suspension or termination of your rights to use the Site.
6. Contribution License
You agree that we may access, store, process, and use any information and personal data you provide in accordance with our Privacy Policy and any choices you make within it (including your settings).
By submitting suggestions or other feedback regarding the Site, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of your Contributions and all intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions, and you agree to release us from any and all responsibility for them and to refrain from any legal action against us in connection with them.
7. Links to Third-Party Websites
The Site may contain links to websites operated by third parties ("Linked Sites"). Linked Sites are not under our control, and we are not responsible for their content, including any links they contain or any changes or updates to them. We provide these links only as a convenience; inclusion of a link does not imply our endorsement of the Linked Site or any association with its operators. Your use of any Linked Site is at your own risk, and you should review the terms and privacy policies applicable to it.
8. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Site ("Submissions") are non-confidential and become our sole property. We will own all exclusive rights, including all intellectual property rights, in and to Submissions, and we are entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights you may have in any Submission, and you warrant that each Submission is original to you or that you have the right to provide it. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. Site Management
We reserve the right, but not the obligation, to:
- monitor the Site for violations of these Terms;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable any files or content that are excessive in size or in any way burdensome to our systems; and
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the Site's proper functioning.
10. Term and Termination
These Terms remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION YOU POSTED, AT ANY TIME AND WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on that third party's behalf. In addition to terminating or suspending your account, we reserve the right to pursue all remedies available at law and in equity, including civil, criminal, and injunctive redress.
11. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason, at our sole discretion and without notice. We have no obligation to update any information on the Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or any part of it.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Site or to supply any corrections, updates, or releases in connection with it.
12. Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of [GOVERNING LAW JURISDICTION], without regard to its conflict-of-law principles. You and Muster irrevocably consent to the exclusive jurisdiction of the courts of [VENUE] to resolve any dispute arising out of or relating to these Terms or the Site.
13. Corrections
The Site may contain information with typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
14. Disclaimer
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES — ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification
You agree to defend, indemnify, and hold harmless Muster and its subsidiaries, affiliates, and their respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site's performance, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
18. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or that condition payments or the granting of credits on any means other than electronic means.
19. Miscellaneous
These Terms, together with any policies or operating rules posted by us on the Site or in respect of the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision. These Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any circumstance beyond our reasonable control. If any provision, or part of a provision, of these Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable from these Terms and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Site. You agree that these Terms will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties to execute these Terms.
20. Contact Us
To resolve a complaint regarding the Site, or to receive further information about its use, contact us at:
[MUSTER LEGAL ENTITY NAME] [REGISTERED ADDRESS] Email: [legal@CONTACT-DOMAIN]