TERMS OF USE Terms of Use Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service. This Site is owned and operated by Rose Barber. (hereafter, "The Muse Studio") Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by The Muse Studio. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content. This Site contains copyrighted animations, photographs, images, videos, text, music, and sounds (collectively the "Content"). It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials. If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions on our Copyrights and Copyright Web page. The design or layout of themusestudio.com or of any other website owned, operated, licensed, or controlled by or associated with themusestudio.com, is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. Individual Web sites within The Muse Studio have legal and license terms which supplement these terms. LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, The Muse Studio MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY The Muse Studio. WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE. The Muse Studio DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT The Muse Studio WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. IN NO EVENT WILL The Muse Studio OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF The Muse Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF The Muse Studio OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PRODUCT AVAILABILITY Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that The Muse Studio intends to make available such products, services, or programs in your country. UNITED STATES GOVERNMENT EXPORT CONTROLS Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. LINKS TO THIRD PARTY SITES. The Muse Studio PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. The Muse Studio DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. The Muse Studio IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY themusestudio.com OF SUCH SITES. OTHER LEGAL INFORMATION These Terms of Use shall be governed by and construed in accordance with the laws of Arizona, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. The Muse Studio reserves the right to terminate these Terms of Use without notice if, in The Muse Studio sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, The Muse Studio reserves the right to terminate this site without notice. ©2005-2006 The Muse Studio, and its licensors. All rights reserved. themusestudio.com is a registered trademark of The Muse Studio. All product names are either trademarks or registered trademarks of The Muse Studio, or its affiliates or licensors. All rights reserved. Microsoft, Windows, and the Windows logo are registered trademarks of the Microsoft Corporation. Macintosh, Apple, and the Macintosh logo are registered trademarks of Apple Computer, Inc. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. Licensing The themusestudio.com End User License Agreement (EULA) This Agreement is between themusestudio.com, doing business as The Muse Studio and/or themusestudio.com (themusestudio.com , We or Us) and the subscriber who establishes a username and password for the right to access, acquire, and use Content from this website (You or Your). You may not allow anyone else to use your username and/or password. For the purpose of this Agreement, "Content" is defined as any image or photo represented on the themusestudio.com website. You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from themusestudio.com, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement. themusestudio.com represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with themusestudio.com or themusestudio.com suppliers. Terms and Conditions of Use You agree to access, acquire, and use the Content under the following Terms and Conditions: These Terms and Conditions constitute a legal Agreement between You and themusestudio.com and themusestudio.com grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement. You may NOT distribute the Content, electronically or in hard copy; authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page; share Content across a network, on a CD, or in any other way; under any circumstances, use automated or programmatic means or methods to download Content; use Content in any logo or part of any trademark; use Content in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. You may contact templatelicense@themusestudio.com to find out about a special license for such use; under any circumstances, use Content in connection with any pornographic, obscene, immoral, or illegal materials. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright. You also understand that the USA prohibits export of materials to certain countries and you will abide by such restrictions. You understand and agree that themusestudio.com may, in its sole discretion, (a) monitor anything you download from the themusestudio.com website, as frequently as themusestudio.com in its sole discretion determines, for any violation of this Agreement, (b) flag all users who download more than 500 photos per day, as such activity indicates potential EULA violations or abuse of a username and password, (c) limit downloads to a fixed amount of total downloads per 24 hour period, per user, as to insure the best possible service to all themusestudio.com subscribers, (d) track any abuse of your username and password in connection with the themusestudio.com website or in connection with this Agreement, (e) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and (f) terminate your account, without notice, if it finds what themusestudio.com believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to themusestudio.com Content, must immediately delete all Content acquired from themusestudio.com, and forfeit all fees paid. themusestudio.com and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." themusestudio.com, its employees, directors, and officers, and anyone else associated with themusestudio.com disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that your usage of themusestudio.com will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. themusestudio.com, its employees and officers, and anyone else acting on behalf of themusestudio.com also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. themusestudio.com, its employees, directors, and officers, and anyone acting on behalf of themusestudio.com make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither themusestudio.com, its employees, directors, and officers, nor anyone acting on behalf of the themusestudio.com website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes. In no event will themusestudio.com, its employees, directors, and officers, or anyone else associated with themusestudio.com be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if themusestudio.com has been advised of the possibility of such damages. In no event will the liability of themusestudio.com, its employees, or related parties exceed the amount paid by you for accessing or using themusestudio.com and for accessing, acquiring, and/or using Content from themusestudio.com. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. You represent and warrant that: You are at least 18 years of age and have the right to enter into this Agreement; You do not reside in any country to which export of USA products are prohibited or restricted; You will not use the Content in any way that is not permitted by this Agreement; Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity; The information you provide the themusestudio.com Sites is accurate and true, including without limitation all credit card information. You agree to fully defend and indemnify themusestudio.com, its employees, directors, and officers, and anyone else associated with themusestudio.com, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement. This Agreement constitutes the entire agreement between You and themusestudio.com regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by themusestudio.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Arizona law governs this Agreement. The parties consent to jurisdiction over them in any state or federal court in Arizona, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by Arizona law. You have agreed, and reaffirm your agreement to conduct this transaction electronically.