VERRIS, INC. // MUSÉE

Legal Notices

Please review MUSÉE's Terms of Service and Privacy Policy

Terms of Service

Last updated January 02, 2018

Welcome to MUSÉE! Access to, browsing and use of MUSÉE's apps (the "App") and other MUSÉE Internet services (together with access to, browsing and use of the App, the "Service") are subject to the following Terms of Service (these "Terms"). Please read these Terms carefully. Creating an account with MUSÉE or otherwise using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and Verris, Inc. (d/b/a MUSÉE ) ("MUSÉE," "we" or "us"). If you do not agree to these Terms, you may not use the Service. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF MUSÉE. PLEASE READ THESE TERMS IN THEIR ENTIRETY.

1. Description of Service

The Service is operated by MUSÉE. The Service includes the App that provides you the capability to access, view and consume various photographs, videos, images and other content and products (collectively, the "Content") and to have said Content delivered to you. Use of the MUSÉE App and software is also subject to the MUSÉE End User License Agreement.

2. Your Account

Certain portions of the Service are available only to individuals who have registered with and obtained a password from MUSÉE. By registering with MUSÉE, you certify that you are at least 13 years of age. You may not provide or use a password, email address, or any other information belonging to anyone else. You agree to provide true, accurate, current and complete information about yourself when you register with MUSÉE, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, tablet and/or mobile device, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.

3. User Conduct

You may only use the Service for lawful purposes and in accordance with these Terms, any operating rules established by MUSÉE and the MUSÉE End User License Agreement. MUSÉE reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based upon any activity by a subscriber in violation of these Terms or applicable law.

4. International Users

The Service is controlled, operated and administered by MUSÉE from its offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Content accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.

5. Intellectual Property

All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software used on the App, is the property of MUSÉE or its suppliers and protected by United States and international laws, including without limitation copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Each third-party content provider owns the copyright on content original to it including, without limitation, on the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Content Provider's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Content accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service and MUSÉE End User software, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Content, or any portion of them without the express permission of MUSÉE and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of MUSÉE or our licensors except as expressly authorized by these Terms or the MUSÉE End User License Agreement.

6. Third-Party Content

MUSÉE is a distributor (not a publisher) of Content. Accordingly, we have no editorial control over the Content Providers. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Content offered by the Service, are those of the respective author(s) or Content Provider(s) and not of MUSÉE. MUSÉE does not guarantee the accuracy, completeness or usefulness of any Content, nor will we be liable for any loss or damage caused by your reliance on information obtained through the Service or from the Content Provider. The Service may contain links to other Internet sites and third-party resources. MUSÉE does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site.

7. Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MUSÉE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSÉE, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MUSÉE NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE CONTENT WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. MUSÉE IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSÉE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MUSÉE NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS SHALL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MUSÉE FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR CONTENT OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO MUSÉE FOR THE PORTION OF THE SERVICE OR CONTENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify and hold harmless MUSÉE, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney's fees, arising out of or resulting from (a) your use of the Service or the Content, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Content using your account.

11. Monitoring

MUSÉE retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by MUSÉE, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of MUSÉE's licensors' obligations.

12. Termination

Either MUSÉE or you may terminate these Terms at any time. Without limiting the foregoing, MUSÉE may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if MUSÉE believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and MUSÉE may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 2, 4, 5, 6 and 8 through 16 shall survive termination of these Terms.

13. Pricing and Tax

Any applicable pricing and/or tax on the App will be governed by the Terms and Conditions of either Apple's iOS platform or Google Play/Android platform depending on the End User.

14. Our Address

Verris, Inc. (d/b/a MUSÉE)

99 Wall Street, Suite 236

New York NY 10005 USA

15. Miscellaneous

These Terms, the MUSÉE End User License Agreement and the other rules, guidelines, licenses and disclaimers posted on the App constitute the entire agreement between MUSÉE and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of New York County and the United States District Court for the Southern District of New York. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

16. Notification of Changes

From time to time, MUSÉE may revise these Terms to keep them up to date with MUSÉE's products and services. Please refer to the App periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes.

Privacy Policy

Last updated January 02, 2018

MUSÉE knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy (this "Policy") explains MUSÉE's treatment of information that we collect when you are on MUSÉE apps (the "App") and when you use our products and services (collectively, the " Service"). By using the Service, you are accepting the practices described here. This Policy does not apply to the practices of other divisions of Verris, Inc. ("MUSÉE") or to the practices of any person or entity other than MUSÉE, including operators of services you may visit before or after visiting the App and the owners or publishers of the magazines and other publications, content and products (collectively the "Content") you purchase, download or otherwise access through the Service.

Information We Collect

MUSÉE collects information from users, which may include personally identifiable information ("Personal Information"), at different points on the App and through the Service or the MUSÉE End User software as follows:

Information You Give Us:

We receive and store information you enter on the App or give us in any other way.

Registration data:

When you register for the Service, we ask that you provide basic contact information such as your name, address, and email address.

Order data:

When you order Publications through the Service, we collect your purchase and address or billing information, including your credit card number and expiration date.

Voluntary information:

We may collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with MUSÉE customer support.

Information Collected Automatically

We receive and store certain types of information whenever you interact with us via the App or the MUSÉE End User software.

Computer and device configuration, identification and location:

We automatically receive and log information from your browser, including your IP address, the name and ID of your computer, mobile device and other devices, your operating system, browser type and version, CPU speed, connection speed, and location information based on your IP address and as derived from GPS or similar features on your mobile device and other devices.

Interaction data:

We may also record tracking information from the App.

Email delivery and open rates:

To help us make our emails more useful and interesting, and to ensure that we are delivering the Content you have ordered, we often receive a confirmation when you receive and/or open email from MUSÉE. In addition, we collect offline End User information.

Software installation, file downloads, and publication access:

When you install the MUSÉE End User software or download Content or other files from the App, we may record when each file transfer begins and ends and any errors that interrupt the transfer. The MUSÉE End User software also records whether or not you downloaded and accessed a piece of Content.

Information from Other Sources

We may receive information about you from other sources, add it to our account information and treat it in accordance with this Policy.

Customer data and Content access from our partners:

If you consume Content directly from the Content Provider or another MUSÉE partner for which we provide access or another Service, your account information and relevant data is passed to us.

Updated delivery and address information:

We may obtain updated contact information from third parties in order to correct our records and continue to grant access to Content and deliver communications to you.

Demographic and purchase information:

We may reference other sources of demographic and user data in order to provide you with most targeted communications and promotions.

How We Use the Information We Collect

MUSÉE uses information about you to:

• Deliver Content and other products you requested or that are sent to you
• Verify access to secure content and your account information
• Determine whether you meet the minimum system requirements for use of the Service
• Provide you tailored content and instructions and other relevant information
• Service your customer support requests
• Ask you to participate in surveys about our products and services
• Offer you Service upgrades
• Better understand, on an anonymous and aggregated basis, how the Service is being used, including Web traffic and reading patterns, so that we may continually improve our Service
• See below for a description of MUSÉE's practices regarding email communications to our users and how to update your preferences with respect to such email communications.

How We Share the Information We Collect

We may share your Personal Information only as follows:

• Content Providers and partners: MUSÉE may provide content partners, and other partners for whom MUSÉE distributes Content or other products, with any Personal Information in connection with or as is necessary to fulfill your requests for their products, programs or services, or to satisfy other core business functions. In such instances, your Personal Information is governed by their respective privacy policies.
• Agents: We may employ other companies and individuals to perform functions on our behalf such as accessing content, sending email, processing credit card payments (if applicable), and providing customer service. These companies or individuals will be provided access to Personal Information needed to perform their functions, but these companies and individuals have agreed or will agree to not use your Personal Information for other purposes.
• Protection of the App and others: We release account and other Personal Information when we believe release is appropriate to comply with the law; to enforce or apply our Terms of Service, the MUSÉE End User License Agreement, or other agreements; or to protect the rights, property, or safety of the App, our users, or others.
• Business transfers: MUSÉE may transfer Personal Information it collects in connection with a merger, acquisition or sale of all or most of the assets of MUSÉE related to the App. You acknowledge that such transfers may occur, and that any acquirer of MUSÉE may continue to use your Personal Information as set forth in this Policy.
• Trusted third parties: With your consent, we will make your Personal Information (not including your credit card information) available to trusted third parties who offer products and services we think may be of interest to you so that you can receive information or opportunities related to those products and services. You may update your preference with regard to our sharing your Personal Information for this purpose in the "email preferences" in the "account settings" area of the App. These third parties with whom we share your Personal Information may use your Personal Information in accordance with their own privacy policies.
• With your consent: Other than as set out above, you will receive notice prior to our sharing your Personal Information with any third parties, and you will have an opportunity to choose not to share your Personal Information. MUSÉE reserves the right to use and disclose anonymous information, including aggregate information derived from your Personal Information, to inform Content Providers, partners, and other interested parties as to the usage habits or characteristics of MUSÉE's user base; and to serve any other business purposes.

Email Communications to our Users

MUSÉE does not send unsolicited email, but we do send email communications to our users in connection with the provision of the Service. The following outlines the types of email MUSÉE sends to our users and the choices you have about which messages to receive.

• Messages required to service orders you place for Content and products delivered by MUSÉE: MUSÉE will send you email notifying you of the availability of each magazine issue or other product that you order either directly from MUSÉE or from one of our Content or other merchant partners. We may also send you communications related to your account including, for example, communications encouraging you to pay for (if applicable), register or continue with a particular service option.
• Messages required to service your MUSÉE account: MUSÉE may send you the following messages: (a) for newly registered users, a welcoming email; (b) messages confirming any order you may have place directly on the App; (c) messages confirming your account changes; (d) messages inviting you to participate in customer surveys; and (e) messages informing you of important product or service updates related to our business.
• Marketing messages about Content you receive: We may send you marketing messages related to the Content you receive including, for example, messages encouraging you to consume, engage or subscribe to other or new Content.
• Optional messages from MUSÉE: Registered users may also occasionally receive information or special offers from MUSÉE about additional Content, products or services. You may update your preference with regard to receiving such messages in the "email preferences" in the "Account Settings" area of the App.
• Optional messages from trusted third parties: With your consent, MUSÉE may share your Personal Information (not including your credit card information) with trusted third parties so that you may receive information or opportunities from these third parties about relevant products and services they offer. You may update your preference in the "email preferences" in the "Account Settings" area of the App.

Changing or Removing Your Information

To review or update your Personal Information, or to alter your email preferences, or preferences regarding how we share your Personal Information, go to the "email preferences" in the "Account Settings" area of the App. If at any time you would like to close your account, send email to customerservice@verrisinc.com. Your Personal Information will be removed from our active user database and will be deleted, provided that (a) you are current with any payment obligations (if applicable), (b) MUSÉE does not believe it reasonably necessary to keep such information for any pending legal action, and (c) we are under no obligation to retain such information. Please be aware that any unfulfilled subscriptions may be canceled without refund and you will have to re-register in order to use the Service. It is your responsibility to request a refund from MUSÉE or the appropriate merchant.

Security Practices

MUSÉE uses commercially reasonable security methods to protect your Personal Information. Your Personal Information will be stored in a database located behind multiple firewalls and accessible only to authorized personnel. We do not encrypt normal Web sessions, but any transmission to our servers of credit card or other Personal Information uses Secure Sockets Layer (SSL) software, which encrypts information you input. Password and credit card information is stored in our database in an encrypted, non-human readable form.

Children

MUSÉE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

Notification of Changes

From time to time, MUSÉE may revise this Policy. The update date first written above is used to alert you to recent changes. If changes to this Policy will directly affect how we share your Personal Information, we will notify you by posting a notice on the App or by sending you an email and giving you an opportunity to opt out of such change. Unless we notify you otherwise, our collection and use of your Personal Information is governed by the version of this Policy in effect at the time such Personal Information is collected.