Terms of service.

Terms of Use of THE KILLER MUSE

Effective as of 30 December 2024

Company information:

Name: THE KILLER MUSE LTD
Office: Department, Bonded Warehouse, 18 Lower Byrom Street, Manchester, England, M3 4AP
Company number 12341228
Email: info@thekillermuse.com

Agreement to Terms

These Terms of Use represent a legally binding agreement between you (either individually or on behalf of an entity) and THE KILLER MUSE LTD ("we", "us", "our" or "Company"), governing your access to and use of the thekillermuse.com website (the "Site"), as well as any associated mobile applications, media forms, or other platforms linked or connected to the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to comply with these Terms of Use. If you do not agree to these terms in full, you are prohibited from using the Site and should immediately discontinue its use.

From time to time, we may post additional terms and conditions or other documents on the Site that are also incorporated into this agreement by reference. We reserve the right, at our discretion, to modify these Terms of Use at any time. Any changes will be noted by updating the "Last updated" date. By continuing to access or use the Site after changes are posted, you agree to be bound by those modifications. It is your responsibility to periodically review these Terms of Use to stay informed of any changes.

The content and services provided through the Site are not intended for distribution or use by individuals or entities in jurisdictions where such use would violate local laws or regulations, or where compliance with additional registration requirements would be necessary. If you choose to access the Site from locations outside the United Kingdom, you do so voluntarily and are solely responsible for ensuring your actions comply with local laws.

The Site is not intended to meet the specific compliance requirements of certain industry regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your use of the Site would be subject to such regulations, you should refrain from using the Site. Additionally, you may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for use by individuals aged 13 and over. If you are under the age of 18, you must have the consent and supervision of a parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use on your behalf before you can use the Site.

Intellectual Property Rights

Unless otherwise stated, the Site and all of its contents, including but not limited to the source code, databases, software, design, audio, video, text, images, and graphics (collectively referred to as "Content"), as well as the trademarks, service marks, and logos displayed on the Site (referred to as "Marks"), are the exclusive property of THE KILLER MUSE LTD or are licensed to us. These elements are protected by copyright, trademark, and various intellectual property laws, both in the United Kingdom and internationally, along with laws governing unfair competition.

The Content and Marks are provided solely for your personal, non-commercial use. Unless explicitly stated in these Terms of Use, you may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, licence, or otherwise exploit any part of the Site or its Content and Marks for commercial purposes without obtaining our prior written consent.

As long as you are permitted to use the Site, you are granted a limited, non-exclusive licence to access and use the Site, and to download or print any Content to which you have proper access, solely for personal, non-commercial use. All rights not expressly granted to you are reserved by THE KILLER MUSE LTD.

User Obligations and Warranties

By accessing and using the Site, you confirm and warrant that: (1) you have the legal capacity to enter into these Terms of Use and agree to comply with them; (2) you are over the age of 13; (3) if you are a minor in your jurisdiction, you have obtained the necessary consent from a parent or guardian to use the Site; (4) you will not access or use the Site through automated means, such as bots, scripts, or other non-human methods; (5) you will not use the Site for any unlawful, harmful, or unauthorised activities; and (6) your use of the Site will comply with all relevant laws and regulations.

If any of the information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you access to the Site, either temporarily or permanently.

Prohibited Conduct

As a user of THE KILLER MUSE, you agree not to engage in any of the following activities:

Data Scraping & Collection: Systematically retrieve or collect any data, content, or other materials from the Site to create or compile a collection, compilation, database, or directory, unless expressly authorised by us.
Deceptive Practices: Mislead, deceive, or defraud us or other users, including attempting to obtain sensitive information such as passwords, account details, or payment information.
Security Breach: Bypass, disable, or interfere with any security features of the platform that restrict the use or copying of content, or that enforce limitations on access to the Site.
Harmful Content: Post or upload content that is unlawful, defamatory, obscene, offensive, harassing, or abusive. This includes any material that could give rise to legal liability or violate any applicable laws.
Harassment or Abuse: Use the platform to harass, abuse, intimidate, or threaten any other user, or our employees and agents. Any form of abusive or disruptive behaviour will not be tolerated.
Interference with Service: Upload, transmit, or otherwise distribute viruses, malware, or other harmful code that interferes with the normal functioning of the platform or the enjoyment of other users.
Impersonation: Attempt to impersonate another user or person, or falsely represent your affiliation with any person, company, or entity.
Advertising & Solicitation: Use your account or the Site to send unsolicited commercial messages, including spam, junk email, or chain letters, or to solicit users for goods or services without our prior consent.
Use of Automated Tools: Engage in automated use of the system, including but not limited to using bots, crawlers, or data scraping tools to extract information from the Site without our consent.
Reverse Engineering: Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to discover the underlying source code of the platform, unless permitted by applicable law.
Impairment of Services: Engage in any actions that place an unreasonable burden on the infrastructure of the Site or interfere with other users' access to or use of the platform.
Circumventing Access Restrictions: Attempt to bypass or circumvent any access restrictions or protections put in place on the platform, or otherwise attempt to gain unauthorised access to any part of the platform.
Copying or Redistribution: Copy, distribute, transmit, or otherwise exploit any part of the Site’s content, software, or services in any way that is not expressly authorised by us.
Selling Accounts or Profiles: Transfer, sell, or exchange your account, username, or profile information without our express written permission.
Unlawful Data Collection: Collect or harvest any personal information of other users, including but not limited to usernames or email addresses, for purposes of unsolicited marketing or spamming.
Creating Competitive Products: Use any data or information from the Site to create or develop a competing product or service, or in any manner that directly competes with THE KILLER MUSE LTD.
Content Infringement: Upload or share any content that infringes the intellectual property rights of others, or violates the privacy rights or any other rights of individuals or entities.
False Reports: Misuse our support or reporting systems by submitting false claims or reports of abuse, fraud, or misconduct.

Any violation of these prohibited activities will result in an immediate termination of your access to the platform. We reserve the right to investigate any potential violations of these terms and take appropriate action, including reporting activities to relevant authorities.

User Content and Contributions

By using the Services, you may have the ability to create, upload, submit, share, and display content, including but not limited to text, images, videos, photos, comments, reviews, or any other material (collectively referred to as "User Content"). You retain ownership of any User Content that you upload or post, subject to the rights you grant to us under these Terms.

By submitting or posting User Content to THE KILLER MUSE, you grant us a non-exclusive, irrevocable, royalty-free, worldwide, transferable, sublicensable, and perpetual license to use, display, reproduce, modify, distribute, adapt, translate, create derivative works from, and publicly perform such User Content in connection with the operation of the Services and for any promotional or marketing purposes (including, but not limited to, showcasing on our website, within the App, social media platforms, and other third-party websites). This license also extends to our affiliates, partners, and service providers, and may include commercial uses such as advertisements or partnerships.

You acknowledge and agree that some of the Services may be supported by advertising revenue, and we may display advertisements or promotions alongside or within your User Content. We reserve the right to place such advertising in any manner, mode, or context within the Services, and the nature of such advertisements may change without prior notice to you. You further agree that we may feature your User Content in association with these advertisements for commercial purposes, including but not limited to promotional campaigns or sponsorships.

By submitting or posting any User Content, you represent and warrant that you own or control all the rights to your User Content, or have received all necessary consents and permissions to grant us the rights as outlined in these Terms. You further warrant that your User Content is not in violation of any copyright, trademark, patent, or other intellectual property rights, and does not violate any privacy or publicity rights. You also confirm that your User Content does not infringe upon or violate any applicable law, regulation, or legal right of any third party.

You agree that you will not upload, submit, or share any User Content that is unlawful, fraudulent, or in violation of any law or regulation, contains harmful content such as viruses or malware, or infringes the intellectual property or privacy rights of any third party. You also agree not to share content that is offensive, abusive, defamatory, obscene, or otherwise objectionable. Any User Content that attempts to impersonate or mislead others about your identity, affiliation, or ownership of the content will also be prohibited. Additionally, any unsolicited advertising or promotion of third-party services or products, including political solicitations, is not permitted.

While we are not obligated to monitor User Content, we reserve the right to review, edit, or remove any User Content that we deem, in our sole discretion, to be inappropriate, harmful, or in violation of these Terms. This includes any content that breaches the provisions outlined above, or otherwise violates the community guidelines, intellectual property rights, or applicable laws.

You acknowledge that any content you post must be non-confidential, and that you have the necessary rights, permissions, and consents to share and distribute the User Content on the Services. You will not post any content that includes confidential information, trade secrets, or the personal data of third parties without their express consent.

You agree to indemnify and hold harmless THE KILLER MUSE, its affiliates, employees, directors, and officers, from any claims, losses, damages, or legal fees arising from your User Content, including any claims that your content infringes upon the intellectual property rights or violates the privacy rights of others.

In the event that your User Content violates these Terms, THE KILLER MUSE may suspend or terminate your account and remove any User Content associated with your account. We reserve the right to take any action we deem necessary, including blocking access to certain content or services, or canceling your access to the platform entirely.

You are solely responsible for the User Content you upload, share, or create using the Services. This includes ensuring that all content is accurate, truthful, and complies with applicable laws and regulations. THE KILLER MUSE is not responsible for any loss or damage to your User Content, nor for any third-party claims related to your content.

Contribution License

By using the Services, you acknowledge and agree that we may access, store, process, and utilize any information or personal data you provide, in accordance with our Privacy Policy and your preferences (including any settings you may choose).

When you submit feedback, suggestions, or other comments about the Site or Services, you grant us the right to use and share this input for any purpose, without the need for compensation or acknowledgment to you.

We do not claim ownership of your Contributions. You retain full ownership of your Contributions, including any intellectual property rights or other proprietary rights associated with them. However, you acknowledge that we are not responsible for any claims, statements, or representations made in your Contributions. You are fully responsible for the content you contribute to the Site, and you agree to release us from any and all liability related to your Contributions. Furthermore, you agree not to pursue any legal action against us concerning your Contributions.

Mobile Application Usage License

License to Use

If you access the Services through a mobile application, we grant you a limited, non-exclusive, non-transferable license to install and use the mobile app on your personal wireless devices, subject to the terms and conditions outlined in this license. This license is revocable at any time. You may only use the mobile application in accordance with these Terms of Use. You agree not to:

Decompile, reverse engineer, disassemble, or attempt to derive the source code or decrypt the app.
Modify, adapt, enhance, translate, or create derivative works from the mobile application.
Violate any applicable laws, regulations, or rules while using the app.
Remove, alter, or obscure any proprietary notices, including copyright or trademark notices, that appear in the app.
Use the app for any commercial or revenue-generating purpose beyond its intended use.
Make the app available over a network that allows access by multiple devices or users simultaneously.
Create, develop, or distribute any product or service that competes with or substitutes the app.
Use the app to send automated queries to websites or to distribute unsolicited commercial emails.
Utilize our proprietary information, interfaces, or intellectual property to create, design, or distribute any products or applications that interact with the mobile app.

Apple and Android-Specific Terms

When you download or use our mobile application from either the Apple App Store or Google Play Store (referred to as “App Distributors”), the following additional terms apply:

The license to use our mobile app is limited to devices operating on Apple iOS or Android systems, and it is governed by the terms and usage rules of the relevant App Distributor.
We are responsible for providing maintenance and support for the mobile application, as specified in these Terms of Use. App Distributors are not responsible for any support or maintenance of the app.
If the app fails to meet any applicable warranty standards, you may contact the App Distributor for a refund, subject to their policies. The App Distributor will have no further warranty obligations beyond this.
You confirm that (i) you are not located in a country subject to a U.S. government embargo or one designated as a "terrorist-supporting" country, and (ii) you are not on any prohibited or restricted U.S. government list.
You agree to comply with any third-party terms applicable to your use of the app, such as agreements related to data services if you use a VoIP app.
You acknowledge that the App Distributors are third-party beneficiaries of this mobile application license, and they have the right to enforce the terms of this license against you as such.

User Submissions

By submitting any questions, comments, suggestions, ideas, feedback, or other materials ("Submissions") to us, you acknowledge and agree that these submissions are non-confidential and will become the exclusive property of the Company. We will hold all rights, including intellectual property rights, to such Submissions, and we may use and distribute them for any lawful purpose, including commercial purposes, without any obligation to provide acknowledgment or compensation to you.

You hereby waive any moral rights in these Submissions, and you represent and warrant that the Submissions are either created by you or that you have the necessary rights to submit them. You further agree that you will have no claims against us for any actual or alleged infringement of proprietary rights in your Submissions.

Third-Party Links and Content

Our platform may feature links to third-party websites ("Third-Party Websites") or display content, such as articles, images, videos, applications, and other materials ("Third-Party Content"), which are owned or provided by external sources. We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content, and we are not responsible for any issues related to these external sites or materials. This includes concerns regarding content accuracy, offensive material, opinions, privacy practices, or other policies of third parties.

The inclusion of links to or access to Third-Party Websites or content does not indicate our endorsement or approval of them. If you choose to leave our platform and visit any Third-Party Websites or use third-party content, you do so at your own risk. Please be aware that once you leave our platform, our Terms of Use no longer apply. We encourage you to review the relevant terms and privacy policies of any third-party websites you visit or content you install.

Any transactions you conduct with third-party sites, including purchases or interactions, are solely between you and the respective third party. We accept no responsibility for such transactions or any related issues. You agree that we do not endorse the products or services provided on Third-Party Websites, and you will hold us harmless from any claims or damages resulting from purchases or interactions with these third parties. Additionally, you agree to release us from any liability stemming from Third-Party Content or your interactions with Third-Party Websites.

Site Administration

We maintain the right, but are not obligated, to: (1) monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against individuals who, in our sole discretion, violate the law or these Terms, including reporting such individuals to relevant law enforcement authorities; (3) refuse, restrict, or limit access to, or disable (to the extent feasible) any content, including your Contributions, that we deem necessary, at our sole discretion; (4) remove or disable any files or content that are excessively large or otherwise strain our systems, without notice or liability, at our discretion; and (5) manage the Site as we see fit to protect our rights, interests, and to ensure the proper functioning and security of the platform.

PRIVACY

We will process your personal information in compliance with the applicable privacy laws. Please read more in our Privacy Policy, which is an integral part of this Agreement.

Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

Term and Termination

These Terms of Use will remain in effect for the duration of your use of the Site. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO LIMIT OR DENY ACCESS TO THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY USER AT ANY TIME, FOR ANY REASON, OR FOR NO REASON AT ALL. This includes, but is not limited to, violations of any representations, warranties, or commitments made under these Terms of Use or any applicable laws or regulations. WE MAY, AT OUR DISCRETION, TERMINATE OR SUSPEND YOUR ACCOUNT AND REMOVE ANY CONTENT YOU HAVE SUBMITTED WITHOUT NOTICE AND FOR ANY REASON.

If your account is suspended or terminated, you are prohibited from re-registering or creating a new account under your name, a fictitious name, or any third-party name, even if acting on behalf of someone else. In addition to account termination, we retain the right to take further legal action, including pursuing civil, criminal, or injunctive remedies.

Changes to Service and Availability

We reserve the right to modify, update, or remove content from the Site at any time, for any reason, and at our sole discretion, without prior notice. While we strive to keep the information on our Site current, we are under no obligation to update or correct any outdated content. We may also change, suspend, or discontinue all or part of the Site, without notice, at any time. You agree that we will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Site.

We cannot always guarantee uninterrupted access to the Site. The Site may experience downtime due to hardware, software, or other issues, or for routine maintenance, which may result in delays, interruptions, or errors. We reserve the right to make changes, revisions, updates, suspensions, or other modifications to the Site, at any time, without notice. You acknowledge and agree that we will not be held liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any interruptions or downtimes. Nothing in these Terms of Use obligates us to maintain, update, or support the Site or provide any corrections, updates, or releases related to it.

Corrections:

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the United Kingdom, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer residing within the European Union, you also have the benefit of the mandatory consumer protection laws of your country of residence.

Both you and THE KILLER MUSE LTD agree to submit to the non-exclusive jurisdiction of the courts in London. This means that, in addition to any rights you may have to seek legal recourse in your country of residence, you may also choose to resolve any disputes regarding these Terms of Use in the courts of the United Kingdom or the EU country in which you live.

Dispute Resolution

Informal Negotiations

In an effort to quickly resolve any dispute, controversy, or claim arising from these Terms of Use (each a "Dispute" and collectively, "Disputes"), the Parties agree to first attempt to resolve the Dispute through informal negotiations. Both Parties (you and us) agree to make reasonable efforts to resolve the matter within thirty (30) days before pursuing formal arbitration, unless otherwise stated below. Such informal negotiations begin upon written notice from one Party to the other.

Binding Arbitration

Any Dispute that cannot be resolved informally shall be settled through binding arbitration conducted by a single arbitrator, chosen in accordance with the rules of the European Court of Arbitration, part of the European Centre of Arbitration in Strasbourg. By agreeing to this clause, both Parties accept the applicable arbitration rules that are in effect when the application is filed. The seat of arbitration shall be in London, United Kingdom, and the proceedings shall be conducted in English. The law governing the arbitration shall be that of the United Kingdom.

Limitations

The Parties agree that any arbitration will be limited to the individual Dispute between the Parties. To the fullest extent permitted by law, (a) no arbitration shall be consolidated with any other proceeding; (b) no arbitration shall be conducted as a class action or use class action procedures; and (c) no Dispute shall be arbitrated on behalf of the general public or any third parties.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following types of Disputes are not subject to the informal negotiation or arbitration process outlined above: (a) any Dispute concerning the enforcement or protection of, or the validity of, a Party’s intellectual property rights; (b) any Dispute arising from allegations of theft, piracy, privacy violations, or unauthorized use; and (c) any claim seeking injunctive relief. If any part of this provision is found to be unenforceable, the remaining sections will still be valid. Any Dispute falling outside of the informal negotiation and arbitration process due to an unenforceable provision will be resolved by a court of competent jurisdiction, as outlined under the “Governing Law” section, and both Parties agree to submit to the personal jurisdiction of that court.

Disclaimer

The Site is provided on an "as-is" and "as-available" basis. You agree that your use of the Site and our services will be at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site, and we will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials.
Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Site.
Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
Interruption or cessation of transmission to or from the Site.
Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party.
Errors or omissions in any content and materials, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will we, or our directors, employees, or agents, be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including, but not limited to, lost profits, lost revenue, loss of data, or any other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary in this agreement, our liability to you, for any reason, and regardless of the form of the action, will at all times be limited to the amount you have paid to us during the six (6) month period prior to the event giving rise to the claim.

Certain laws, both in the United States and internationally, may not allow limitations on implied warranties or the exclusion or limitation of certain types of damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

Here’s the rewritten version of the "Indemnification" section in normal text:

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:

Your use of the Site;
Your breach of these Terms of Use;
Any violation of the representations and warranties you've made under these Terms of Use;
Your violation of the rights of any third party, including, but not limited to, intellectual property rights; or
Any harmful actions you take toward another user of the Site with whom you connected via the Site.

Despite the above, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, at your cost, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification as soon as we become aware of it.

Data Management and Liability

We will retain certain data that you submit to the Site in order to manage its performance, as well as information related to your use of the Site. While we regularly perform routine data backups, you are solely responsible for all data you transmit and for any activity you undertake using the Site. By using the Site, you agree that we will not be held liable for any loss or corruption of data, and you waive any right to take legal action against us in relation to such loss or corruption.

Electronic Communications

By accessing or using the Services, you agree to receive electronic communications from us. These may include responses to your inquiries, updates, announcements, offers, and security notifications, which could be delivered through push notifications or by posting notices within the Services.

General Provisions

These Terms of Use, along with any policies or operational guidelines we may post on the Site, represent the complete and exclusive agreement between you and us. If we fail to exercise or enforce any right or provision of these Terms, it does not waive that right or provision. These Terms will be enforced to the maximum extent allowed by law. We reserve the right to assign our rights and obligations to third parties at any time. We are not liable for any loss, damage, delay, or failure to act caused by factors beyond our reasonable control. Should any part of these Terms be found to be unlawful, void, or unenforceable, that section will be severed from the agreement, and the remaining provisions will remain in effect. These Terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms will not be interpreted against us simply because we drafted them. You also waive any defenses you may have related to the electronic nature of these Terms and the lack of a physical signature for execution.