Thank you for visiting Musely.com and its mobile apps (these websites and apps, along with any new websites and apps introduced, owned and operated by Trusper Inc., the "Site", Official Musely social media accounts). These websites and apps are owned and operated by Trusper Inc. DBA Musely, its affiliates and licensors (collectively, "we", "us", "our", the "Company", or "Musely", or "Trusper"). Each person who uses the Services to sell, promote, or purchase items must accept the terms and conditions of this Participant Agreement (the "Agreement") without change. By registering with Musely and using the Services, you agree to be bound by all terms and conditions of this Agreement, and all policies and guidelines of the Site are incorporated by reference.
If Musely significantly amends this Agreement, Musely will provide you at least seven (7) days' notice before the changes take effect by sending a notice to the email address registered to your account, or by placing a notice on the Site, during which period of time you may reject the changes by terminating your account. Your continued use of the Services after any such change constitutes your acceptance of the amendments to this Agreement. This Agreement applies to all visitors who access the Service ("Users").
Certain Users may use the service in order to sell and/or offer to sell certain products (the "products"). If you use the Service to sell and/or offer to sell certain products, you are a Seller. The Seller Addendum contains specific provisions applicable to you if you are using the Service as a Seller. Please review the Seller Addendum carefully.
Certain Users may use the Service in order to promote certain products sold by Sellers. If you use the Service to promote such products, you are a Muse. The Muse Addendum contains specific provisions applicable to you if you are using the Service as a Muse. Please review the Muse Addendum carefully.
Certain Users may use the Service in order to purchase certain products sold by Sellers. If you use the Service to purchase products, you are a Buyer. Section 3 of this Agreement contains specific provisions applicable to you if you are using the Service as a Buyer. Please review the terms of Section 3 carefully.
Musely acts as a marketplace to allow Sellers to offer and sell products to Buyers and also permits Muses to promote products to Sellers. Musely acts as a Seller for only some of the products that appear on the Site. Products sold by Musely are clearly identified as such. For all other products, the promotion, purchase, and sale of those products are transactions between Buyers, Muses and Sellers, and Musely is not directly involved in those transactions. Except as specifically shown on the Site, Musely is not the owner of the products, does not ever take possession or control of the products, nor does it ever transfer legal ownership of items from the Seller to the Buyer. Rather, except where the Site identifies Musely as the seller, Buyers are purchasing the products from the Sellers. As a result, Musely has no control over the quality, safety, morality or legality of any aspect of the items listed or sold by those Sellers, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. Musely cannot ensure that a Buyer or Seller will actually complete a transaction.
Musely cannot guarantee the true identity, age, and nationality of a Seller, Muse or Buyer. Musely encourages you to communicate directly with potential transaction partners through the tools made available by Musely.
By using the Site, you agree that, except with respect to the Products that Musely sells through the Site, Musely is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Sellers, Muses, or outside parties on Musely. You use the Musely service at your own risk. Musely is not required to report or remit to any taxing authority any state or local sales, use, or other transactional tax on sales of product by Sellers. Sellers are solely responsible for any and all reporting and remittance of such taxes, where applicable.
2.1 Musely's Seller, Muse and Buyer Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Musely may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Musely's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the Seller or Muse and is responsible for any and all activities.
2.2 Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Musely's policies as stated in the Agreement and the Musely policies as well as all other operating rules, policies and procedures.
2.3 Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Musely of any unauthorized use of your password or any breach of security. You also agree that Musely cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Musely without Musely's express written permission.
2.4 Account and Payment Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell or promote items on Musely you must provide and maintain a valid Stripe or other payment systems account approved by Musely. You must agree to the Stripe Connect Account Agreement or the terms of another payment systems account which has been approved by Musely.
2.5 Right to Refuse Service: Musely's services are not available to temporarily or indefinitely suspended Musely members. Musely reserves the right, in Musely's sole discretion, to cancel unconfirmed or inactive accounts. Musely reserves the right to refuse service to anyone, for any reason, at any time.
3.1 Understanding Musely's Limitations as a Venue. Musely provides a venue for Buyers to discover, learn about, and enter into transactions with Muses and Sellers around the world. It is important to note, however, that except where the Site clearly states otherwise, Musely is not a part of that transaction. By shopping on Musely, you understand that:
(a) Unless the Site clearly identifies Musely as the Seller of a product, You are not buying products from Musely, but from one of the many Sellers on Musely.
(b) Except to the extent that the Site clearly states otherwise in connection with a Product sold by Musely, Musely does not guarantee or endorse any items sold on Musely or any content posted by Sellers or Muses (such as photographs or language used in listings or store policies).
(c) Each Seller on Musely has their own processing times, shipping methods, and shop policies.
(d) You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Musely may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Musely collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Musely and you may be separately charged by the applicable health care providers for such services.
As a member of the community, you have the opportunity to flag an item or a store that violates any of Musely's policies. Flagging is confidential.
3.2 Purchasing an Item on Musely. By making a purchase from a Seller on Musely, you agree that you:
(a) Have read the item description and store policies before making a purchase.
(b) Have submitted appropriate payment for item(s) purchased.
(c) Have provided accurate shipping information to the Seller.
(d) May be required to remit state and local use tax, where applicable.
3.3 Items You Purchase. You understand that, except where the Site clearly states otherwise, Musely does not manufacture, store or inspect any of the items sold through our Services. For products sold by Sellers other than Musely, we provide the venue; the items in our marketplace are sold by independent Sellers, so Musely cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Musely from any claims related to items sold by other Sellers through our Services, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
3.4 Products Available by Prescription. Certain Products sold on Musely are available only with a prescription. If you wish to purchase such Products, you may arrange to submit a prescription issued to You by a physician or otherwise qualified health care provider, or to have your physician or other health care provider submit the required prescription directly to Musely, by following the instructions provided on the Site. All sales of products that require prescriptions shall be made only in compliance with all laws and regulations that apply in the State in which you reside or are purchasing the Product. If Musely is not the Seller of the Product, the Seller is solely responsible for compliance with those laws and regulations. In some circumstances, Musely may be able to arrange for you to consult with a physician or other health care professional to determine whether it is appropriate for a prescription to be issued to you.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Musely nor any Musely affiliated health care organization or provider will bill any federal or state health care program for such medical services or products. We strive for transparency in the costs for any medical services and products that you may obtain through the Services, and, as such, you can find specific pricing information at www.musely.com
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
(a) Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
(b) Interactions between a patient and health care provider via audio, video, and/or data communications; and
(c) Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Please see our Consent to Telehealth available on the Sites www.musely.com/terms for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
3.5 Interactions with Health Care Providers. If You wish to purchase a Product through the Services that requires a prescription, Musely may be able to arrange for you to consult with a physician or other health care provider to determine whether it is appropriate for a prescription to be issued to you. The Site identifies which for which Products Musely may be able to make these arrangements. If you wish to have such a consultation, please follow the instructions provided on the Site for the Product you wish to purchase. Musely will not sell any product to you that requires a prescription unless that prescription is provided to Musely. Musely shall not have any responsibility or liability to You if it is unable or otherwise does not for any reason arrange for a consultation with a physician or other health care provider. If Musely does arrange for that consultation, Musely's role with respect to that consultation will be limited to arranging for the consultation to take place, providing the technological tools through which you may communicate with the physician or other health care professional, all as described on the Site, and collecting from you any fee that the physician or other health care provider charges you for that consultation. Musely cannot assure that the physician or other health care professional will issue a prescription to you. Prescribing decisions are made by consulting physicians and other health care providers in their sole professional judgment. Musely shall have no responsibility or liability to you if a consulting physician or other health care professional determines that it is not appropriate to issue a prescription to you. Without limiting the generality of the foregoing, Musely cannot refund to you any fees the consulting physician or other health care professional may charge you for conducting a consultation with you, even if that consultation does not result in the issuance of a prescription to you. In any event, You must establish a health care provider – patient relationship with the physician or other health care professional, cooperate with the physician or other health care professional in the conduct of the consultation and any follow-up consultation or care that the physician or other health care professional recommends, and comply with any instructions or advice that the physician or other health care professional gives you. Physicians and other health care professionals always have the right, in the exercise of their professional judgment, to refuse to provide professional or other services to you or to discontinue performing any services they may be providing to you. Musely will not monitor, supervise, or otherwise be involved in or exert any control whatsoever over the conduct of Your consultation with the physician or other health care provider and will have no responsibility or other liability of any kind to you with respect to the conduct of that consultation, the professional or other services performed by, or the behavior or conduct of the physician or health care professional, including but not limited to their professional acts or omissions.
3.6 Limitations Upon Services Provided by Health Care Providers. Any communications or interactions you have with a physician or other health care professional through the Site, as arranged by Musely, is limited to consultation(s) regarding only the prescribing and usage of Products purchased through the Site for anti-aging skincare treatment purposes. Your consultation with such physician or other health care professional does not constitute a consultation, professional medical advice, diagnosis, treatment or recommendation for any other purposes, conditions or illnesses, including but not limited to skin cancers. In addition, the consultation(s), as well as any other communications or interactions, with such physician or other health care professional through the Site does not take the place of your existing relationship(s) with your primary care provider or other health care providers. You must always seek the advice of your primary care provider or other health care provider for any questions or concerns you may have that do not directly relate to the prescription for, and use of, Products purchased through the Site. You should not use any medication or take any other action that is contrary to the advice you have received from your other physician(s) or health care professional(s). You should not use the services of physicians or other health care professionals through the Site in the event of a medical emergency. If at any time you believe you are experiencing a medical emergency, you should seek appropriate medical care directly and not through the Site, such as by dialing 911, or visiting the closest provider of emergency medical care or a poison control center. All services provided by physicians and other health care professionals are the sole responsibility of those providers. All such services are subject to laws and regulations that vary among jurisdictions, and are subject to review by government authorities in those jurisdictions. You are encouraged to learn about the authorities that regulate the delivery of health care in your jurisdiction and your rights in connection therewith.
3.7 Reporting a Problem with an Order or Returning a Non-Prescription Item.
(a) Prescription items or medications are NOT returnable by law. Physician consulting or doctor visit fees are not refundable either by law.
(b) Returning a non-prescription Item. You may return an item if it is within 30 days of purchase. Each Seller has his or her own return policies, which should be outlined in their Store Policies.
You may request for a refund in the following cases:
(c) Non-Delivery. A Non-Delivery occurs when a Buyer places an order and submits payment, but the Seller does not ship the item or does not ship the item to the correct address. The following are examples of Non-Delivery cases:
(d) Not-as-Described. An item is Not as Described if it is materially different from the Seller's listing description or photos. Here are a few examples of Not as Described cases:
(e) Item is damaged
(f) Requesting a Cancellation. You may request a Cancellation if the product has not been shipped yet.
3.8 Leaving a Review, a Post or other forms of content including photographs and videos on the Site. You can review Muses, Sellers, Musely products, or participate in our community groups. Leaving Reviews, Posts, or Comments is a great way to learn about a Muse's or Seller's reputation, as well as Seller's items. But it's also a great way to help the Muses/Sellers you like succeed, and helps the community by warning them of bad products or Muses/Sellers.
By leaving a review, comment, post, photograph, or video, you acknowledge that:
(a) Your review, comment, post, photograph/video and profile information will be publicly displayed on the Muse and Seller's listing and on the Site.
(b) Reviews, comments, posts, photographs or videos may not:
(c) Extortion is not allowed on Musely. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Musely. Examples of extortion include the following:
(d) Shilling is not allowed on Musely. Shilling is the fraudulent inflation of a store's reputation by use of an alternate account. The intent of shilling is to make a Seller look more desirable by increasing the store's number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the Buyer. For more information on shilling, including examples, please see this Help article.
By uploading a photograph or video to the Site OR by consenting with #OKMuselyShare, you warrant that:
4.1 Chats and Messages. You can use the Chat or Messaging function to, communicate directly with your Muses, Buyers, Sellers or other Musely members.
Chats and Messages are a great way for Buyers, Sellers or Muses to communicate regarding an item or an order.
Chats and Messages may not be used for the following activities:
(a) Sending unsolicited advertising or promotions, requests for donations, or spam
(b) Harassing or abusing another member;
(c) Contacting someone after they have explicitly asked you not to; or
(d) Interfering with a transaction or the business of another member.
4.2 Interference. Interference occurs when a member intentionally interferes with another member's store in order to drive away their business. Interference is strictly prohibited on Musely.
Examples of interference include:
(a) Contacting another member via Chat or Message to warn them away from a particular member, store, or item
(b) Posting in public areas to demonstrate or discuss a dispute with another member
(c) Purchasing from a Seller for the sole purpose of leaving a negative review.
4.3 Harassment. Any use of Chat or Message to harass other members is strictly prohibited. Similarly, "Chats" may not be used to support or glorify hatred toward, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation. If you receive a "Chat" that violates this policy, please let us know right away.
4.4 Emails. You may receive a Buyer, Seller, or Muse's email address or other information as a result of entering into a transaction on the Service. This information may only be used for Musely-related communications or for Musely-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the Buyer's explicit consent, you may not add any Musely member to your email or physical mailing list or store or misuse any payment information. For more information, please see our Privacy Policy.
YOU UNDERSTAND AND AGREE THAT:
THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUSELY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MUSELY MAKES NO WARRANTY THAT THE SITE AND THE SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. MUSELY MAKES NO WARRANTY CONCERNING THE PROFESSIONAL OR OTHER SERVICES THAT PHYSICIANS OR OTHER HEALTH CARE PROFESSIONALS WITH WHOM YOU MAY COMMUNICATE THROUGH THE SITE MAY PROVIDE TO YOU, OR WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS OF THOSE PHYSICIANS OR OTHER HEALTH CARE PROFESSIONALS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
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.
MUSELY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROFESSIONAL OR OTHER SERVICES OF ANY PHYSICIAN OR OTHER HEALTH CARE PROFESSONAL. MUSELY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF MUSELY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MUSELY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF MUSELY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MUSELY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Please note that your use of the Site or Services may be subject to other local, state, national, and international laws.
7.1 Arbitration. Any Legal dispute or claim relating to or arising out of your use of the Site or Services (including any claim involving Musely or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) (a "Dispute") will be resolved through binding arbitration in Santa Clara, CA under the Federal Arbitration Act and, to the extent not inconsistent with or preempted by the Federal Arbitration Act, the Arbitration Rules set forth in California Code of Civil Procedure Section 1280 et seq. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Santa Clara County, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision. You and Musely agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and both parties hereby waive any right to bring classwide, collective or representative claims before any arbitrator or in any forum. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit substantive rights or the remedies available to the parties, including the right to seek interim relief, such as injunction or attachment, through judicial process, which shall not be deemed a waiver of the right to demand and obtain arbitration.
If you find yourself in a dispute with another user of Musely's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Should you have a dispute with one or more users, or an outside party, you release Musely (and Musely's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Musely encourages Sellers to report Seller-to-user or Seller-to-Muse disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Musely, for the benefit of its Users, may try to help Users resolve disputes. Musely does so in Musely's sole discretion, and Musely has no obligation to resolve disputes between Sellers, Muses and Buyers or between its Users and outside parties. To the extent that Musely attempts to resolve a dispute, Musely will do so in good faith based solely on Musely's policies. Musely will not make judgments regarding legal issues or claims.
Without limiting any other remedies, Musely may, without notice, and without refunding any fees, delay or immediately remove content, warn Musely's community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply: a User has breached this Agreement, the Privacy Policy, the User Policy, or other policy documents and community guidelines incorporated herein; Musely is unable to verify or authenticate any of your personal information or Content; or Musely believes that a User is acting inconsistently with the letter or spirit of Musely's policies, has engaged in improper or fraudulent activity in connection with Musely or the actions may cause legal liability or financial loss to Musely's Users or to Musely.