Please read the following terms and conditions of the service. If you do not want to be bound by these terms and conditions, do not accept the service. We want the terms and conditions to meet your needs and the needs of our other Merchants, and we expect that these terms and conditions will evolve over time. We will post the Terms and Conditions, including any changes, on the UnlimitedMUSE Website located at https://cndev.unlimitedmuse.com/merchant-terms-and-conditions/  and we ask that you periodically review them. Your continued use of the service will constitute acceptance of any changes to the terms and conditions. This agreement becomes effective on the date it is accepted by UnlimitedMUSE.

1. Definitions

When used in this agreement, the following definitions apply:

• ACH: Automated Clearing House, a service provided through the United States Federal Reserve banking system that allows Consumers to convert paper financial instruments to electronic form.
• ACH Returned Item: Any Consumer’s check that is returned through the ACH system.
• Chargeback: A charge to the Consumer that is reversed by the credit card issuer.
• Consumer: A person purchasing Products sold by a Merchant.
• Customer Charges: Amounts to be charged to the Consumer.
• Database: Any and all information received from Merchant and/or Consumer which UnlimitedMUSE keeps in an electronic format for UnlimitedMUSE’s use. This may include at UnlimitedMUSE’s sole discretion a file containing only the Merchant’s information and/or a universal file containing all of UnlimitedMUSE’s Merchants’ information.
• Transaction IDs: A unique code assigned by UnlimitedMUSE to a Consumer through UnlimitedMUSE’s transaction processing system.
• Merchant: An entity or individual contracting with UnlimitedMUSE in order to utilize UnlimitedMUSE’s automated transaction processing and related services.
• New Merchant: An applicant of UnlimitedMUSE’s including you and/or your company, if neither you nor your company is an active Merchant of UnlimitedMUSE.
• Payment Form: The payment mechanism, i.e. credit card or ACH payment, a Consumer utilizes in purchasing Products from a Merchant.
• Penalty: Any fine, fee, assessment or other charge levied against UnlimitedMUSE by the card associations, Merchant Bank, any state or federal Regulatory Agency, or ACH system that is in addition to the normal fees charged by those entities.
• Refund: Any payment from your Consumer that is reversed by Merchant or UnlimitedMUSE.
• Security Deposit: A percentage of the value of each transaction that is withheld from your gross amount as determined by UnlimitedMUSE and/or the Acquiring Bank. The amount of security deposit will vary from time to time and payment form to payment form as will the period of time the security deposit is held for as dictated by risk at the sole discretion of UnlimitedMUSE.
• Products: Goods that are purchased by Consumers through Merchants and provided to Consumers from the Merchant in accordance with Exhibit A and Exhibit B attached hereto.
• Store Front: A Merchant’s point of presence from which transactions are conducted.
• You: The Merchant and owner and/or Operator of Merchant Store Front.

2. Website Pricing Options

The default minimum price that you can charge is $2.95 per transaction. The default maximum is $999.99 per transaction. Any exceptions must be applied for in writing to UnlimitedMUSE, and may or may not be accepted based solely on UnlimitedMUSE’s discretion.

3. Services

The services covered by this agreement include all services offered by UnlimitedMUSE’s payment processing and related services. UnlimitedMUSE reserves the right to stop allowing you to use these services if in UnlimitedMUSE’s judgment they are contributing to violations of UnlimitedMUSE’s Acceptable Use Policies (AUP) or high volumes of negative transactions or Consumer complaints. UnlimitedMUSE reserves the right to begin charging for these services upon thirty (30) days written notice to the contact information that we have on file for you, and UnlimitedMUSE also reserves the right to offer new services that are not covered by this agreement, and to charge you extra if you choose to use them.

In order to provide the highest level of service to all UnlimitedMUSE’s Merchants, data provided by Consumers for transaction processing will be combined with data from all UnlimitedMUSE’s’ Merchants. The combined database will be used for risk analysis of your and all other Merchants’ transactions. Ownership of the combined database remains with UnlimitedMUSE. Credit card information from UnlimitedMUSE’s database will not be provided to you or any other party during this agreement or upon termination of this agreement. You are responsible for maintaining a record of all consumer information for your own use as well as for backup in the event of a system failure that requires restoration.

Any unauthorized attempt to gain access to UnlimitedMUSE’s database or systems by you, or anyone directly or indirectly associated or related to you, however remotely, will constitute a material breach of this agreement. In the event of any such attempt to gain access, UnlimitedMUSE may immediately terminate this agreement, and you will immediately return to UnlimitedMUSE all copies of any information obtained by this access.

4. Tangible Products Sales

UnlimitedMUSE agrees to permit Merchant to submit transactions for tangible Products, and Merchant agrees to submit transactions for the sale of tangible Products subject to the terms of this Agreement, the attached policies (Exhibit B) and the attached addition to UnlimitedMUSE’s standard AUP (Exhibit A).

Merchant acknowledges and agrees that it will not use UnlimitedMUSE’s systems for any purpose that is illegal.

5. Fees

UnlimitedMUSE shall charge, and Merchant agrees to pay, the fees set forth in Schedule 1 attached hereto for the services provided by UnlimitedMUSE. UnlimitedMUSE shall have the right to change the fees stated herein upon providing notice to Merchants at least 10 days prior to the effective date of such changes. UnlimitedMUSE will deduct this fee from your funds before payment to you.

In addition to the fee, UnlimitedMUSE shall hold a security deposit for a default minimum of six months as set forth in Schedule 2 attached hereto. UnlimitedMUSE may increase its security deposit requirements, at any time, if in UnlimitedMUSE’s sole discretion it is necessary to cover potential refunds, ACH returned items, chargebacks, Consumer disputes, and/ or fines or penalties imposed directly or indirectly on UnlimitedMUSE.

If UnlimitedMUSE is penalized by its providers for chargebacks, refunds, or returned checks arising from UnlimitedMUSE’s processing transactions for your indirect or direct activity, UnlimitedMUSE may at any time and at its discretion pass through to you actual amount of the penalty per item. UnlimitedMUSE’s waiver of this paragraph for any period of time does not constitute forfeiture of UnlimitedMUSE’s right to impose the application of the penalties retroactively or for that period of time. You acknowledge that the card associations and regulatory agencies may apply chargebacks and fines retroactively and that UnlimitedMUSE must retain that right as well. In the event a flat amount penalty is assessed against UnlimitedMUSE as opposed to a per transaction penalty, UnlimitedMUSE may at its sole discretion prorate the flat amount among those Merchants that UnlimitedMUSE at its sole discretion deems to have been the cause of the penalty.

6. Payment

In order to receive payments a signed copy of this contract must be received by UnlimitedMUSE. You may fax the signed agreement to +49 211 5580249. You agree by clicking to accept these Terms & Conditions at the end of this contract that UnlimitedMUSE may withhold payments on new accounts until the signed contract is accepted and verified by UnlimitedMUSE.

UnlimitedMUSE will issue payment to you on a weekly basis. The payment made will be for the net amount of the Consumer charges for the week ending on Saturday, one week prior to the week the payment is issued. While UnlimitedMUSE will make reasonable effort to make payment on Monday, if there are unusual circumstances such as delays in UnlimitedMUSE receiving payment from banks, holidays, or system failures, UnlimitedMUSE will make payment as soon after Monday as possible.

The net amount of payment will be the amount of Consumer charges minus UnlimitedMUSE fees, security deposit, and refunds not processed in previous payments, chargebacks, ACH returned items, payment delivery fees, taxes, penalties, and any additional security deposit amounts. UnlimitedMUSE reserves the right to charge any of these deductions against the security deposit and to require you to replenish the security deposit to a level deemed appropriate solely by UnlimitedMUSE or its Acquiring Bank.

In order to resolve complaints and disputes, you agree that UnlimitedMUSE may issue refunds without your knowledge or approval in any situation UnlimitedMUSE thinks is appropriate. UnlimitedMUSE may also include the Consumer in its database of blocked accounts if there is an indication of fraud or inappropriate use of the Consumer’s information by the Consumer or anyone else.

7. Cancellation

You and UnlimitedMUSE can cancel this agreement at any time with 10 days written notice. Email and telephone are not acceptable forms of notice. UnlimitedMUSE also has the right to cancel this agreement without notice, if you violate the terms of this agreement, or UnlimitedMUSE’s Acceptable Use Policies (AUP). UnlimitedMUSE’s AUP is available on its website. UnlimitedMUSE will change its AUP from time to time and it is your responsibility to check it often to make sure you are in compliance. In cases of minor violations, UnlimitedMUSE will give you an opportunity to become compliant, but UnlimitedMUSE can cancel this agreement or take any other action UnlimitedMUSE feels is appropriate if you do not comply. Serious violations by you or any of your referrers or upon notification by any of the card associations or regulatory agencies to discontinue accepting transactions will result in UnlimitedMUSE canceling this agreement immediately.

During the term of this Agreement or in the event that you cancel this Agreement, you agree that for a period of one year following such cancellation you will not attempt to circumvent UnlimitedMUSE by utilizing any of UnlimitedMUSE’s acquirers or service providers for processing transactions for your websites.

UnlimitedMUSE may terminate either (a) this Agreement, (b) any service or (c) both, immediately, if you are the subject of a bankruptcy order, become insolvent, make any arrangement or composition with or assignment for the benefit of creditors, go into voluntary or compulsory liquidation, have a receiver or administrator appointed over your assets, or if the equivalent of any such events under the laws of any of the relevant jurisdictions occurs to you.

Upon cancellation/termination of your account, UnlimitedMUSE will hold all funds due to you for a minimum of six months as reserve for possible refunds, returned checks and chargebacks.

8. Merchant Obligations

Merchant acknowledges its responsibility as the consumer facing entity. Merchant is solely responsible for delivery of products and is liable to the consumer for all fulfillment obligations. You agree to use UnlimitedMUSE’s services for the sale of legal goods and services. Without UnlimitedMUSE’s prior written approval, you will not use UnlimitedMUSE’s services for the sale of goods not previously approved by UnlimitedMUSE. You also agree to abide by the Terms and Conditions of this agreement and UnlimitedMUSE’s Acceptable Use Policies (AUP). UnlimitedMUSE reserves the right to manually or electronically review your Store Front(s) to ensure there are no violations of the Terms and Condition or the AUP.

On UnlimitedMUSE’s consumer signup page for your Store Front, UnlimitedMUSE will plainly show the Consumer the price(s) you are charging and all terms and conditions of the purchase. If this agreement is terminated by either you or UnlimitedMUSE for any reason, you must leave the ability for Consumers to cancel their purchases through UnlimitedMUSE’s services until there are no more active transactions. If you do not do this, or if in UnlimitedMUSE’s judgment there will be excessive chargebacks, or ACH returned items, UnlimitedMUSE will immediately issue refunds to your Consumers, and hold all payments and reserves until such time as UnlimitedMUSE is convinced that there will be no further refunds and/or chargebacks. The minimum time that UnlimitedMUSE will withhold payment is six months.

You will always maintain the ability to respond to your Consumer’s product related inquiries and try to resolve issues amicably. If, in UnlimitedMUSE’s opinion Consumer complaints and/or chargebacks are excessive, UnlimitedMUSE may choose to cancel this agreement and you agree to immediately reimburse to UnlimitedMUSE all its expenses related to chargebacks and refunds.

You may change the prices for your Store Front whenever you want. The correctness, functionality, and accuracy of these changes are your responsibility regardless of who makes them.

UnlimitedMUSE’s employees have entered into an agreement to protect UnlimitedMUSE’s confidential and trade secret information even after their employment. You agree that it would be difficult for UnlimitedMUSE to enforce this agreement if you were to hire an employee or a former employee and it would be difficult for the employee to abide by the terms of the agreement. You therefore agree that you will not hire or enter into a contract of any kind with a current or former UnlimitedMUSE/CWIE employee for a period of 24 months following the effective date of that employee’s last date of employment with CWIE/UnlimitedMUSE or any company affiliated with UnlimitedMUSE or CWIE without UnlimitedMUSE’s written prior approval.

9. SECURITY

The Merchant is responsible for all use of their account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. UnlimitedMUSE will suspend or change access to your UnlimitedMUSE Merchant account(s) immediately upon notification by you that your password has been lost, stolen or otherwise compromised. UnlimitedMUSE is not liable for any usage and or charges prior to UnlimitedMUSE making the necessary account alteration.

10. MERCHANT NON-TRANSFERABILITY OF ACCOUNT

The right to use UnlimitedMUSE’s payment processing service is not transferable. Use of UnlimitedMUSE’s e-commerce and payment processing accounts are expressly limited to the individual or business whose name appears on the Transaction Processing Agreement and ownership of the account cannot be split with multiple individuals. The account holder may choose to add additional authorized users, but the authorization of these users is limited to access to allow for certain changes to the account, and does not include making account ownership changes.

The account holder (principal) agrees to assume responsibility for these authorized users on their UnlimitedMUSE account and any affect that they may have on the account.

11. Authorization

By signing this agreement you are stating that you are the officer and operator of the Store Front(s), are of legal age in the state or country where your business is located to enter in to this agreement, and have obtained all the necessary licenses and certificates required to perform your obligations. You will follow all laws and legal regulations that relate to your business regardless of where those laws and regulations originate, and will comply with any laws and regulations that may apply in the future.

12. Privacy Policy

You understand that unlimitedMUSE’s Merchant Privacy Policy in part reads, “By using UnlimitedMUSE’s services, you agree that we may release information obtained in the course of your use of UnlimitedMUSE’s services when it is believed, in UnlimitedMUSE’s sole and absolute discretion, that the release is appropriate  or otherwise necessary to comply with the law, enforce our Agreement, and/or protect the contract and other rights of our Merchants.”

13. Taxes

UnlimitedMUSE and you both agree to pay any and all taxes that are imposed on UnlimitedMUSE or your respective business. If UnlimitedMUSE is required to pay taxes for you, you will immediately reimburse UnlimitedMUSE for those taxes and any fines, penalties and interest, or you agree that UnlimitedMUSE may deduct them from payments to you.

14. Limitations Of Liability

UnlimitedMUSE WILL UTILIZE ITS BEST EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICE, BUT UnlimitedMUSE MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UnlimitedMUSE cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. UnlimitedMUSE will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted, received, or stored on its system. UnlimitedMUSE will not be liable to you or any of your Consumers for any claims or damages which may be suffered by you or your Consumers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, unauthorized access to your website as a result of hackers or password trading, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by UnlimitedMUSE’s fault or negligence. UnlimitedMUSE will not be responsible for your Store Front not being accessible on the Internet due to circumstances not under UnlimitedMUSE’s direct control such as individual Internet user’s own equipment capabilities, limitations, other Internet service provider limitations and/or browser software limitations.

UnlimitedMUSE may discontinue any service, or may require fulfillment of conditions UnlimitedMUSE may choose to impose as a prerequisite for continuing any service upon thirty (30) days’ notice to you. However, UnlimitedMUSE may discontinue service immediately for fraud committed by you or your employees, illegal activity, or violations of its Acceptable Use Policies (AUP) and/or its other policies.

UnlimitedMUSE’s liability to you and any end user of the service or any other of its services is limited to the amount paid to and received by UnlimitedMUSE for service not accepted. In no event will UnlimitedMUSE be liable to you, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if UnlimitedMUSE has been advised of the possibility of such damage.

You agree that UnlimitedMUSE is an Internet Service Provider (“ISP”) under the Digital Millennium Copyright Act (DMCA) and understand that UnlimitedMUSE is required under the DMCA to have you remove any material that another party claims is infringing once UnlimitedMUSE has received, in its sole judgment, a proper notification. You also agree that if you do not comply with a request from UnlimitedMUSE to remove material under the DMCA or for any other reason, UnlimitedMUSE may at its discretion block access to new member signups and renewals and hold all funds until such time as UnlimitedMUSE is certain that the material is removed. UnlimitedMUSE may, at its sole discretion, determine who is an “infringer” and may terminate this agreement without notice to you if UnlimitedMUSE believes you to be a repeat infringer.

15. Indemnification

You are solely responsible for your Store Front, any associated Store Front(s) and all Store Front/website content, for your advertising and promotion, and that of anyone referring others to your Store Front. You are also responsible for insuring that you are the rightful owner or licensee for any copyrighted material, trademarks, or items that appear on your Store Front.

You will take all necessary measures to preclude UnlimitedMUSE from being made a party to any lawsuit or claim regarding the service provided to or by you, or any end user. You hereby agree to indemnify UnlimitedMUSE and hold UnlimitedMUSE harmless from any and all claims of whatever nature brought by any anyone against UnlimitedMUSE in excess of the remedy set forth herein.

You hereby agree to reimburse UnlimitedMUSE for any and all expenses associated with UnlimitedMUSE being involved with any civil, criminal, regulatory or investigatory actions brought by you or against you by anyone, including expenses associated with providing information that UnlimitedMUSE, in its sole discretion, believes it legally must provide or has been authorized by you to provide. You also understand and agree that UnlimitedMUSE will deduct those expenses from monies due to you and you agree to reimburse UnlimitedMUSE for any expense that exceeds what UnlimitedMUSE is able to deduct from your account.

16. Relationship Of Parties

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Neither party is the agent of the other. UnlimitedMUSE expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

You hereby agree to reimburse UnlimitedMUSE for any and all expenses associated with UnlimitedMUSE being involved with any civil, criminal, regulatory or investigatory actions brought by you or against you by anyone, including expenses associated with providing information that UnlimitedMUSE, in its sole discretion, believes it legally must provide or has been authorized by you to provide. You also understand and agree that UnlimitedMUSE will deduct those expenses from monies due to you and you agree to reimburse UnlimitedMUSE for any expense that exceeds what UnlimitedMUSE is able to deduct from your account.

17. Term

This agreement will continue until terminated by either party under the provisions above. UnlimitedMUSE may terminate this agreement immediately and without notice if you violate the terms of this agreement, it’s Acceptable Use Policies (AUP), its policies, or the law. UnlimitedMUSE may, at its sole discretion, suspend or cancel services for your account if it stays inactive for any consecutive ninety (90) day periods. Reinstatement of your account, after suspension or cancellation, will require UnlimitedMUSE approval.

18. Survival

The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the expiration or termination of this Agreement shall so survive, including without limitation the provisions of this Agreement in sections 5, 6, 9, 10, 11, 12, 16, 17, 18, and 19.

19. Confidentiality

Unless required by law, you will treat UnlimitedMUSE’s intellectual property as confidential and proprietary, and not disclose them to anyone without UnlimitedMUSE’s prior written consent. You may not use UnlimitedMUSE’s trademarks and advertising without UnlimitedMUSE’s permission, and then only in ways agreed to by you and UnlimitedMUSE. Upon termination of this agreement, you will promptly return any of UnlimitedMUSE’s property in your possession.

20. Invalid Or Unenforceable Provisions

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. You and UnlimitedMUSE agree to renegotiate in good faith any term held invalid and to be bound by any mutually agreed to substitute provision.

21. Choice Of Law: Venue

This Agreement is governed by and construed under the laws of the State of Arizona and the United States of America. The federal and state courts of the State of Arizona will have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this Agreement.

22. Disputes

UnlimitedMUSE will attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices and other than injunctive relief) will be subject to arbitration upon written demand of either party. Except for disputes resulting from unpaid UnlimitedMUSE invoices, the parties agree to arbitrate this matter prior to any state, federal, or international court action. The arbitration will take place in Phoenix, Arizona before a single arbitrator under the auspices of the American Arbitration Association‘s (“AAA”) Commercial Arbitration Rules currently in effect at that time. Arizona law will be applied in the arbitration and any other subsequent legal hearings.

The arbitrator will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The arbitrator will render a written opinion setting forth the basis on which he or she arrived at the decision regarding each issue submitted to arbitration. The decision of each issue submitted to arbitration will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party will be entitled to recover reasonable attorneys’ fees and expenses incurred at both the trial and appellate levels.

Disputes of charges or fees assessed for UnlimitedMUSE service must be reported to UnlimitedMUSE within 90 days of the charge or fee appearing in Merchant’s account reports, delivered via the UnlimitedMUSE Admin Portal. Disputes presented to UnlimitedMUSE for these fees more than 90 days after the charge or fee will be denied.

Parties may modify the dispute clause only through a stipulation signed by both parties.

23. Entire Agreement; Modifications

This Agreement sets forth the entire Agreement and understanding between the parties and merges all prior discussion between them. UnlimitedMUSE reserves the right to modify this agreement at any time. Utilization of the service by you and/or your Consumers following the effective date of any change or modification of this Agreement on UnlimitedMUSE’s website will constitute acceptance by you of such change(s). Otherwise, this Agreement may not be modified except by the written consent of both parties.

For your own protection, you understand and agree that UnlimitedMUSE will only accept requested changes and modifications to this agreement that are in writing and signed by the individual(s) signing this agreement.

24. Change Of Ownership And Multiple Signatories

In the event of changes in ownership of your company or, Store Front(s) covered by this agreement, you and you only must notify UnlimitedMUSE in writing of the change. UnlimitedMUSE will then require the new owner to execute a new agreement with UnlimitedMUSE. In the event you want to change the information in this agreement regarding the payments to you, you and only you must notify UnlimitedMUSE in writing.

UnlimitedMUSE strongly discourages Merchants from having more than one person sign this agreement. If you choose to have more than one person sign this agreement, please be advised that, when notified of a dispute, UnlimitedMUSE will not make any changes to the account or disburse or refund any monies until UnlimitedMUSE receives either written stipulation signed by all signatories or a court order.

25. Addendums And Schedules

All of the required addendums must be completed, signed and forwarded to UnlimitedMUSE along with the contract prior to UnlimitedMUSE issuing your first check.

Peter Palm
Schanzenstrasse 6-8
40549 Düsseldorf

Phone number: +49 211 5580249

Exhibit A: Tangible Products AUP

The following modifies or reinforces UnlimitedMUSE’s standard AUP for the purpose of sale of tangible Products.

1. VIOLATIONS OF INTELLECTUAL PROPERTY

We will not process for websites that infringe, or contain products that infringe on the intellectual property rights of other parties.

2. MAILING LISTS AND PERSONAL INFORMATION

We do not allow the sale of email lists, opt-in lists, leads, mailing lists, social networking or IM info, telephone numbers, or FAX numbers.

3. PROHIBITED ITEMS; NOT FOR SALE

GENERAL

The sale of any of the below is not allowed:

• Cars, Boats, Airplanes or other Motorized Transportation
• Real estate

FIREARMS, WEAPONS, EXPLOSIVES AND HAZARDOUS MATERIALS

The sale of any of the below is prohibited:

• Fire arms
• Ammunition
• Air Guns
• Firearm parts or accessories
• Pyrotechnic devices and hazardous materials
• Fireworks
• Hazardous Chemicals
• Radioactive materials
• Combustible or Corrosive materials
• Pesticides

DRUGS, DRUG PARAPHERNALIA, AND RELATED ITEMS

The sale of any of the below is prohibited:

• Alcohol
• Tobacco
• Illegal Drugs
• Drug Paraphernalia
• Narcotics
• Steroids
• Any and all items that are primarily intended or designed for use in manufacturing, concealing or using a controlled substance
• Anything described in a manner that suggests ingesting, inhaling, extracting or otherwise using any substance or compound from the legal substance will provide the same effect as an illegal drug, compound or substance or that will provide unsubstantiated health benefits

MEDICAL

The sale of any of the below is prohibited:

• Prescription Drugs
• Controlled substances
• Prescription devices
• “Miracle Cures” or any health/nutritional products offering guaranteed results
• Computer, Internet, and Marketing

Computer and Device Applications

The sale of any of the below is prohibited:

• Software designed to harvest e-mail addresses or other personal information from the Internet
• Software designed to post messages on multiple forums, message boards, bulletin boards, newsgroups, etc.
• Software designed to facilitate the transmission of Unsolicited Bulk Email (“UBE”)
• Malware

CLOTHING AND ACCESSORIES (USED)

The sale of any of the below is prohibited:

• All used clothing items must include a statement that the item has been properly cleaned
• Used under garments are prohibited

Offensive Material

Prohibited are Products, literature, or other materials that:

• Promote hatred, racism or religious persecution
• Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
• Defame or slander any person or groups of people protected from defamation or slander by applicable law (such as the protection afforded to the royal family in some jurisdictions)
• Encourage or incite violent acts
• Promote the facilitation of suicide or euthanasia
• Promote intolerance or hatred Promote or support membership in terrorist groups or other organizations prohibited by law
• Contravene public morality
• Are considered obscene

SECURITY CIRCUMVENTION

Prohibited are products such as lock picks that are designed to circumvent the below methods or are designed to gain access to restricted features, systems or services they have not paid for:

• Locks
• Programming codes or security features
• Police and other government identification and equipment

4. ILLEGAL PRODUCTS, REGULATED PRODUCTS AND MISC. ITEMS THAT WILL NOT BE ACCEPTED

• Airbags
• Batteries containing mercury
• Car titles
• License plates
• Postage meters
• Recalled Products
• Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents
• Stolen property
• Illegal Telecommunications services
• Radar and laser jammers
• Cuban Cigars
• Cable Descramblers
• Items that encourage, promote, facilitate or instruct others to engage in illegal activities
• Electronic Surveillance Equipment or products designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission
• Live Animals
• Humans, the human body, or any human body parts or fluids
• Cultural Artifacts, Antiquities, Native American Artifacts
• Food – Perishable, non-prepackaged foods
• Precious metals or stones
• Any other items or activities which in Company’s judgment are illegal, inappropriate, or offensive

Exhibit B: UnlimitedMUSE Tangible Goods Policies

• All consumer complaints that require the Company’s intervention will always be resolved in favor of the consumer.
• The Merchants is required to ship all orders within 3 business days (excluding weekends and major U.S. holidays). The orders must be shipped by 6pm (local time) on the third day.
• If a product is not shipped within the 3 business day period, the Merchant must refund the transaction before the end of said 3 day period.
• Merchant may not accept orders for any products that are unavailable for shipment within the 3 business day period and must remove the consumer’s ability to purchase the product.
• Merchant may ship all materials via public and/or private shipping companies such as USPS, FedEx, DHL or UPS as long as they provide a verifiable tracking ID.
• Merchants are required to prominently list on any website selling tangible Products a clear and reasonable refund and exchange policy that is appropriate for managing Consumer issues and does not result in excessive complaints, as determined by the Company. Merchants are required to prominently list on any website selling tangible Products a clear and reasonable return and exchange policy that is appropriate for managing Consumer issues and complaints. The return and exchange policy must include a time frame for how long the Consumer has to make a return, who is responsible for paying the shipping costs (seller or Consumer) and the instructions for completing a return.
• Company does not allow exchanges to be processed through its systems. All exchanges are handled directly between Merchant and Consumer. Even in the event of an exchange, Company reserves the right without Merchants approval to refund the consumer in the event consumer complains to Company.
• All tangible Products orders must be processed through a separate Company sub-account than intangible purchasing.
• It is the Merchants’ responsibility to handle all Consumer product and shipping inquiries. Merchant is required to prominently display their company name, address, phone number, and email address on their website to offer support with a response time of 24 hours.
• The Merchants is required to inform Company and all consumers when an order is shipped and provide both with the shipping company name, shipping address, tracking number, and the transaction ID number.
• If there are any delays or changes to the order or product availability, Merchant must immediately issue a refund and notify both the consumer and the Company.
• All products must have a product description that clearly and accurately depicts the product.
• Any used products being sold by the Merchants must clearly state the condition of the product. Any used products must be properly cleaned before shipment and a notice must be provided before purchasing indicating the products are used and have been properly cleaned.
• The Merchants indemnifies UnlimitedMUSE, its owners, employees, and agents against any costs or legal fees resulting from Merchant’s actions including claims of illegal activity by any legal jurisdiction including but not limited to Federal, State, Local, or International.
• All payments are subject to be delayed or held at the sole discretion of UnlimitedMUSE.

Appeals Policy

If you have been depicted in any content and would like to appeal removal of such content, please notify us by sending an email here support@cndev.unlimitedmuse.com.

If there should there be a disagreement regarding an appeal we will allow the disagreement to be resolved by a neutral body.

Merchant Privacy Policy

In order to make our service available, you are required to provide UnlimitedMUSE with information about you and your business. In addition you and UnlimitedMUSE employees communicate with each other via all standard forms of communication and as a part of its process UnlimitedMUSE stores information about every transaction that it processes for you. UnlimitedMUSE stores all information and communications it deems relevant to conducting its business, and that information becomes the property of UnlimitedMUSE at the time it is received or generated.

UnlimitedMUSE may share any information about you and your company when required by third parties in processing credit cards and online checks.

Merchants with subscription transactions only: UnlimitedMUSE will not otherwise disclose its merchants’ personal and account information unless UnlimitedMUSE has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of UnlimitedMUSE, UnlimitedMUSE’s merchants, or others, or where UnlimitedMUSE has a good faith belief that the law requires such disclosure.

Merchants with tangible goods: If you are processing transactions for tangible goods your contact information is readily available on your website. If UnlimitedMUSE receives a written request from a legitimate law enforcement agency that is investigating a fraudulent use of card complaint UnlimitedMUSE will, without consulting you, provide law enforcement your contact information. Otherwise, UnlimitedMUSE will not disclose its merchants’ personal and account information unless UnlimitedMUSE has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of UnlimitedMUSE, UnlimitedMUSE’s merchants, or others, or where UnlimitedMUSE has a good faith belief that the law requires such disclosure.

UnlimitedMUSE also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that UnlimitedMUSE stores or transmits to or receives from its merchants. The circumstances under which UnlimitedMUSE will disclose such electronic merchant communications are when:

1. It is necessary in order to provide service to the Merchant,
2. It is necessary to protect the legitimate interests of UnlimitedMUSE and its merchants,
3. It is required to cooperate with interception orders, warrants, or other legal process that UnlimitedMUSE determines in its sole discretion to be valid and enforceable; and
4. It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by UnlimitedMUSE and appear to pertain to the commission of a crime.

By using UnlimitedMUSE’s services, you agree that we may release information obtained in the course of your use of UnlimitedMUSE’s services when it is believed, in UnlimitedMUSE’s sole and absolute discretion, that the release is appropriate or otherwise necessary to comply with the law, enforce our Agreement, and/or protect the contract and other rights of UnlimitedMUSE and our merchants.

UnlimitedMUSE disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by merchants or others. UnlimitedMUSE will, however, review, delete or block access to communications that may harm UnlimitedMUSE, its merchants or third parties. The grounds on which UnlimitedMUSE may take such action include, but are not limited to, actual or potential violations of UnlimitedMUSE’s Acceptable Use Policy (AUP). It is your obligation to provide UnlimitedMUSE with accurate and up-to-date information, and failure to provide us with such information could void any Agreement between you and UnlimitedMUSE. We use the information that you provide for such purposes as processing transactions, loss prevention, improving our service, communicating with you, and fulfilling our obligations to you. UnlimitedMUSE’s employees have access to your information on a need to know basis. UnlimitedMUSE will not sell your information to a third party for any reason.

To the best of its ability, UnlimitedMUSE employs the latest and best techniques available for protecting it systems from intrusion by unauthorized individuals, and is constantly upgrading its security as better methods become available. All information is stored behind firewalls and other sophisticated security systems. Our data center is utilizes state-of-the-art physical security measures to prevent unauthorized access to the facility.

UnlimitedMUSE reserves the right to change, modify or amend this policy at any time. UnlimitedMUSE takes privacy matters very seriously, and intends to stay at the forefront of privacy policy and protection matters. We will occasionally update our privacy policy and we will post those updates on this page. You are responsible for revisiting this page to review our privacy policy updates.

What data we collect and how we use it:The UnlimitedMUSE website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and/or third party vendors, which are stored on your device. Our site uses cookies dropped by us or third parties for a range of purposes including but not limited to operate and personalize the website. Furthermore, cookies might be used to collect data that track how you use the site so that we can serve targeted advertising to you.

Data sharing: We will not disclose any data collected by cookies served on our site with any third party entities.

Your choices and opting-out: We recognize how important your online privacy is to you, so we offer the following options for controlling how served cookies affect you:

You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon that typically appears in the corner of the ads we serve or by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to execute this opt out on each browser or device.

To opt out of receiving targeted ads that are based on your behavior across different mobile applications follow the below instructions, for iOS and Android devices:

iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.

For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”.

Opting out will not prevent you from seeing ads, but those ads will likely be less relevant because they won’t be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting.

Changes to this Privacy Notice will be posted on this page. If we make a material change to our privacy practices, we will post them on this page so please make sure to regularly check for any updates.

If you have any questions about this Privacy Notice or our privacy practices, you can contact us at unlimitedMUSE@unlimitedMUSE.com

Questions regarding the information UnlimitedMUSE has stored about you should be in writing, and addressed to:

Peter Palm
Schanzenstrasse 6-8
40549 Düsseldorf

General Data Protection Regulation (GDPR) – Compliant Data Protection Policy

Instructions

UnlimitedMUSE (“UnlimitedMUSE”) needs to gather and use certain information about individuals. This information can include customers, suppliers, business contacts, employees and other people the organization has a relationship with or may need to contact. This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards – and to comply with the law.

Why This Policy Exists

This data protection policy ensures UnlimitedMUSE:

Complies with data protection law and follows good practice

Protects the rights of staff, customers and partners

Is transparent about how it stores and processes individuals personal data

Protects itself from the risk of a data breach

The General Data Protection Regulation

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect EU citizens’ data privacy and to reshape the way organizations across the world approach data privacy. The GDPR aims primarily to give control back to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.

What Is “Personal Data”?

“Personal data” is defined in both the Directive and the GDPR as any information relating to a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. So in many cases online identifiers including IP address, cookies and so forth will now be regarded as personal data if they can be (or are capable of being) without undue effort linked back to the data subject.

1. Information collection and tracking

1.1. When you visit our website

You can visit our website (www.unlimitedMUSE.com) without giving away your personal information. UnlimitedMUSE uses Google Analytics and Cookies in order to improve our service, user experience and analyze how our website is used. Aside from the approximate location (IP address), the information collected by Google Analytics is mostly anonymous traffic data including browser information, device information, language. We do not collect additional information, such as your age, gender, interests, bank details or clickstream.

The collected information is used to provide an overview of how people are accessing and using the UnlimitedMUSE website. It is not used for any additional purpose, such as to profile those who access our website.

2. When you contact us

While you can use our website without giving out your personal information, once you contact us via the UnlimitedMUSE website, UnlimitedMUSE collects information about you.

The information you fill in (personal information such as your name, email address, organization) will be processed and stored so that it is possible for us to contact and respond to your request, and/or allow you access to our services.

2.1. Recruitment

If you apply for a job with UnlimitedMUSE, we will collect, process and store the information you have sent us for recruitment-related purposes, such as contacting you. Additionally, UnlimitedMUSE may keep your data for a period of time for the purpose of considering you for a different opportunity.

3. Social media plug-ins

Our website features two plug-ins for easy sharing and following our social media pages: Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA; and LinkedIn, operated by LinkedIn, 2029 Sterling Court Mountain View, CA 94043 United States.

Being on our website does not automatically result in sharing data on these social media networks. These plugins remain inactive (idle) until clicked upon. Once clicked upon, you will be taken to the said social media networks with their own specific privacy policies you are recommended to consult.

4. Information Security

When UnlimitedMUSE collects information about you, we also make sure that your information is protected from unauthorized access, loss, manipulation, falsification, destruction or unauthorized disclosure. This is done through appropriate technical measures.

5. Access to Information

You have the right to request access to the information we have on you. You can do this by contacting us at dpo@unlimitedMUSE.com. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity. We will fulfil your request by sending your copy electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge you with an administrative fee.

6. Information Correction & Deletion

If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data that is no longer needed for the purposes specified in Information Collection and Use or for any Regulatory Reporting purposes will be deleted.

If you have any queries about the personal data that UnlimitedMUSE stores, you can simply contact us at dpo@unlimitedMUSE.com.

7. When this Privacy Policy applies

This Privacy Policy is applicable to the services offered by UnlimitedMUSE directly via our website. Our website may contain links to other websites. Once redirected to another website, this Policy is no longer applicable.

This version of the Privacy Policy is effective from January 2019.

8. Changes

We reserve the right to change this Privacy Policy. We constantly review our Privacy Policy and strive towards making it better. UnlimitedMUSE will not reduce your rights stated in this Policy without asking for explicit prior consent to the changes. All changes to our Privacy Policy will be available on this website. You can access the previous versions of this Policy here.

9. To Sum Up

In accordance with applicable law, we only collect a limited amount of information about you that is necessary for improving our service. We do not use profiling, we do not sell or in any other way spread your data to third parties, and we do not use your data for purposes other than what we specified. We also make sure that your data is stored securely. We delete all information deemed no longer necessary. We constantly review our Privacy Policy in order to make it better and protect you more.

10. You can contact us at any time to:

Request access to information that UnlimitedMUSE has about you

Correct any information that UnlimitedMUSE has about you

Request Deletion of any non-contractual information that UnlimitedMUSE has about you

If you have any additional questions about UnlimitedMUSE’s collection and storage of data, please contact us at:

Peter Palm
Schanzenstrasse 6-8
40549 Düsseldorf

Glossary Of Terms

Cookies

Cookies are small files or other pieces of data which are downloaded or stored on your computer or other device that can be tied to information about your use of our website (including certain third party services and features offered as part of our website).

Device

A device is what you use to reach our website, such as a smartphone, tablet or computer.

IP address

Internet Protocol (IP) address is a number that is connected to your device. An IP address can be used to determine the location of your device typically within a 40km radius, thus not being an exact determination of your location. IP addresses are basically how the Internet functions.

Personal information Personal information is information that can identify you. This can be your name, email, contact information or other type of information that can be traced back to you.