Privacy Policy - themust.co

PRIVACY POLICY Last Updated: 3 October 2023

INTRODUCTION.

This Privacy Policy (“Privacy Policy”) governs how The Must Projects LLC and our parent, subsidiary, and affiliate companies (collectively, “The MUST”, “we”, “us”, or “our”) use Personal Information (as defined below) that we collect, receive, and store about each visitor and user (each, a “user,” and specifically you, “you” or “your”) of our website, https://themust.co/, and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (collectively, the “Website”), the use of which shall be subject at all times to the Terms & Conditions on this page, immediately below this Privacy Policy. Any terms used but not defined herein are defined in the Terms & Conditions or Additional Terms, as the case may be.

We are committed to respecting the privacy and privacy rights of our users and recognize the need for appropriate protection and management of information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Information”) and, as a subset thereof, certain government identifiers (e.g., Social Security Numbers), account numbers and log-in credentials, precise geolocation (e.g. physical address), racial or ethnic origin; religious beliefs, contents of a consumer’s mail, email, and text messages, or a consumer’s genetic information (collectively, “Sensitive Personal Information”) that is shared with us in connection with users’ use of the Website. You may choose whether or not to provide or disclose Personal Information in connection with your use of the Website. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Website, but may be unable to access or use certain features, options, programs, and services thereof (including, without limitation, the purchase of Products through the Website). IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY AT ANY TIME, YOU SHOULD NOT USE THE WEBSITE OR PURCHASE PRODUCTS THROUGH THE WEBSITE.

CHANGES TO THIS PRIVACY POLICY.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all the terms and conditions of this Privacy Policy that apply to you, as well as the Website, the Products, and/or any Content. We display the effective date of this Privacy Policy at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING THE “LAST UPDATED” DATE TO THE WEBSITE. If you use the affected Website after the changes become effective, it means you are agreeing to be bound by the changes to this Privacy Policy, as the case may be. You should check on a regular and frequent basis and review the terms and conditions of this Privacy Policy that apply to you so you are aware of the current rights and obligations that apply to you.

CHILDREN’S PRIVACY.

The Website is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information from children under the age of thirteen (13). If you believe we might have any information from or about a person under the age of thirteen (13), please contact us in the manner and at the address or email address set forth in the “Contact Us” section below. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

INFORMATION COLLECTED AND HOW WE COLLECT IT.

We may receive and/or collect the following categories of Personal Information:

Identifiers, such as your name, email address, postal address, Internet Protocol (“IP”) address, and phone number;
Transaction Information, such as the form of payment used to purchase Products through the Website and the associated billing address, as well as the shipping address where you have requested that we (via our third-party carrier) send the Products;
Where a user purchases one or more Products and/or other goods or services through the Website in an amount over $10,000 in any single transaction or in the aggregate in two or more transactions in one business day, such information and documentation as we are required to collect in order to perform know your customer (KYC) and other customer due diligence (CDD) screenings and verifications under anti-money laundering rules and regulations and other Applicable Law;
Registration Data, such as your Account password and Transaction Information saved and stored in your Account;
Geolocation information, such as the region in which you are located when you access the Website;
Network activity, such as information collected from cookies and similar tracking technologies (as described below), marketing and communication preferences, browsing history, search history, and information regarding a your interactions with a website, application, or advertisement;
Inferences drawn from the categories of Personal Information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, and attitudes; and
Sensitive Personal Information, such as Account log-in information and geolocation.

The sources from which we obtain Personal Information are described below.

4.1 Personal Information You Provide To Us Through the Website.

If you send us a “Contact Us” request or feedback, set up an Account through the Website, purchase or receive Products or other goods or services through the Website, or otherwise enter into a contract with us, or enter or upload information, such as by filling in forms (including, without limitation, those form fields requesting Registration Data or Transaction Information in connection with the purchase of Products through the Website), uploading documents to the Website, or making Postings on public forums or interactive areas the Website (to the extent applicable), then you may provide us with, and we may collect, certain information that may constitute Personal Information.

We generally do not request on or through the Website other information that is often considered “highly sensitive,” such as financial information (e.g., credit report information, bank account numbers) or government-issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to provide the services offered through the Website and fulfill your requests made through the Website (including, without limitation, the purchase of Products through the Website).

4.2 Personal Information You Provide to Third Parties Through the Website.

Certain of our third-party service providers, business partners, and other persons, companies, and other entities involved in the operation of the Website (including, without limitation, the Payment Processor and our third-party carrier) may collect and use certain Personal Information in performing their services and/or functions, and may share that Personal Information with us for our use, all to enhance your experience and deliver certain services (including, without limitation, the purchase of Products and fulfillment of those orders). Please refer to the Payment Processor’s terms and conditions at https://stripe.com/legal/consumer and for information on how they collect and use, and may share with us, Transaction Information in connection with purchases of Products.

4.3 Information Provided by Third Parties.

We may collect information, including Personal Information, about you through non-affiliated third parties. If you access the Website from a Third-Party Website, such as a Third-Party Social Media Website, that provides Personal Information about you in accordance with their privacy policy, then we may collect such Personal Information and, by doing so, you allow us to have access to certain Personal Information in such social media profile(s). We may also receive Personal Information from third-party sources that aggregate information from multiple sources for purposes of audience identification and email marketing.

4.4 Information Collected Automatically.

Certain information is collected automatically when you access or use the Website by means of various software tools described below. We have a legitimate interest in using such information for log-in and systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Website. Alone or in combination with other information, such automatically collected information may constitute Personal Information.

Some of our service providers (described in Section 4.2 above) and business partners may use “cookies” or other methods to gather information regarding your use of the Website. Additional information about cookies is provided below. Those persons, companies, and entities may use these cookies or other tracking methods for their own purposes by combining information about your use of the Website with any Personal Information about you that they may have. We are not responsible for any third-party use of such information, and we encourage you to review the privacy policies and practices of all such third parties.

The following information, some of which may constitute Personal Information, is collected automatically when you access or use the Website:

Log Files on the Website. The information inside the log files includes IP addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us.
Cookies. When you use or visit the Website, our servers may send a cookie to your computer or mobile device. Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. A cookie contains an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain information that individually identifies you, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. We use cookies to make interactions with the Website easy and meaningful. We may use cookies that are session-based and persistent. Session cookies exist only during one session and disappear from your computer or mobile device when you close your browser software or turn off your computer or mobile device (as the case may be). Persistent cookies remain on your computer or mobile device after you close your browser or turn off your computer or mobile device (as the case may be). Please note that, if you disable your web browser’s ability to accept cookies, you will be able to navigate the Website, but you may not be able to successfully use all of the features of the Website. Information regarding how we may use different categories of cookies and your options for managing cookie settings is set forth below.

Type of Cookie	Description	Managing Settings
Required Cookies	Required cookies enable you to navigate the Website and use features, such as accessing secure areas of the Website and using our services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into the Website, a cookie containing an encrypted, unique identifier that is tied to your Account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into the Website and to process your online transactions and requests.	Because required cookies are essential to operate the Website, there is no option to opt out of these cookies.
Performance Cookies	These cookies collect information about how you use the Website, including which pages you go to most often and whether you receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information collected by these cookies is aggregated and anonymous. They are only used to improve how the Website functions and performs. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Website.	To learn how to opt out of performance cookies using your browser settings click here
Functionality Cookies	Functionality cookies allow the Website to remember information you enter and choices you make (such as your username, language, or your region), and to provide enhanced, more personal features. These cookies also enable you to optimize your use of the Website after logging in. These cookies can also be used to remember changes you have made to text size, fonts, and other parts of web pages that you can customize.	To learn how to opt out of functionality cookies using your browser settings click here.
Targeting or Advertising Cookies	From time to time, we may track and analyze usage and volume statistical information from individuals who visit the Website. We sometimes use our own cookies as well as cookies delivered by third parties to track the performance of advertisements. For example, we may use cookies that remember which browsers have used or visited the Website. The information provided from third parties does not include Personal Information, but this information may be re-associated with Personal Information after we receive it. For example, as you browse the Website, cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the Website. We also contract with third-party advertising networks and similar partners that collect IP addresses and other information from web beacons (see below) through the Website, from emails, and on third-party websites. Ad networks follow your online activities over time by collecting website navigational information through automated means, including through the use of cookies. They use this information to provide advertisements about goods and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties with whom we partner to provide certain features through the Website or display advertising based upon your web browsing activity use cookies to collect and store information.	To learn more about these and other advertising networks and their opt-out instructions, click here.

4.5 Other Tracking Technologies.

When you use or visit the Website, we may collect your IP address to track and aggregate information. For example, we may use IP addresses to monitor the regions from which you navigate the Website. We may also use, either alone or in conjunction with cookies, clear electronic images called web beacons that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon to compile information about your usage of the Website and interaction with email communications from us and to operate and improve the Website and our email communications. For example, we may place web beacons in Automatic Communications or Voluntary Communications (including, without limitation, marketing emails) that notify us when you click on a link in the email that directs you to the Website.

4.6 Analytics Software Tools.

We may use analytics software, such as Google Analytics and/or Adobe Analytics, to help us analyze the traffic through the Website. For more information on Google Analytics’ processing of Personal Information, please see https://policies.google.com/technologies/partner-sites. For information on how to opt out of Google Analytics, please see https://support.google.com/analytics/answer/6004245.

THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.

If you submit or we collect Personal Information through the Website or as otherwise described above, we may use such Personal Information for the following general purposes:

To comply with our obligations under Applicable Law;
To provide, analyze, administer, improve, and personalize the Website;
To communicate with you in connection with the Website, Products you have purchased, and other goods, services, events, or offerings made available through the Website;
To send you updates and promotional materials pertaining to The MUST, the Website, or Products;
To provide personalized advertising to you;
To identify and authenticate your access to the parts of the Website that you are authorized to access;
For recruiting and human resources administration purposes;
For research and development relating to the Website and the goods and services we offer and/or provide to you;
For advertising purposes;
For electronic direct marketing in compliance with Applicable Law;
To protect our rights and/or our property and to ensure the technical functionality and security of the Website;
For the performance of our contract with you (including, without limitation, the purchase agreement contained in the Terms & Conditions below in connection with Products purchased through the Website) or to take steps at your request before entering into a contract; and
Where you have given actual or constructive consent (including, without limitation, by placing an order for Products through the Website).

HOW WE DISCLOSE PERSONAL INFORMATION.

We do not sell, lease, rent, or otherwise disclose the Personal Information collected on or through the Website to third parties unless otherwise stated below or with your consent.

6.1 Our Third-Party Providers.

We transfer Personal Information to our third-party service providers and business partners (including, without limitation, the Payment Processor) to perform tasks on our behalf and to assist us in providing the Website, as discussed in Section 4.2. above. We will comply with Applicable Law regarding Personal Information transfers and use commercially reasonable efforts to only engage or interact with third-party service providers and business partners that take appropriate measures to protect your Personal Information; however, it is the responsibility of each of those third-party service providers and business partners to comply with Applicable Law and their respective privacy policies in connection therewith and we take no responsibility for their privacy practices and compliance.

6.2 Our Joint Promotion Partners.

From time to time, we may partner with other companies to jointly offer Products and/or other goods or services or to improve existing goods or services (collectively, “Joint Promotion Partners”). If you purchase or specifically express interest in a jointly-offered Product or other good or service from us, we may share Personal Information collected in connection with your purchase or expression of interest with the relevant Joint Promotion Partner(s). We will comply with Applicable Law regarding Personal Information transfers and use commercially reasonable efforts to only engage or interact with Joint Promotion Partners that take appropriate measures to protect your Personal Information; however, it is the responsibility of each of those Joint Promotion Partners to comply with Applicable Law and their respective privacy policies in connection therewith and we take no responsibility for their privacy practices and compliance.

6.3 In the Event of Merger, Sale, or Change of Control.

The MUST may assign or transfer its rights and/or delegate its obligations under this Privacy Policy and transfer any Personal Information to any third-party company or entity that either acquires or is acquired by The MUST, or is merged with or into The MUST, as part of a merger, acquisition, sale, or other change of control.

6.4 Social Media Plug-Ins.

To the extent the Website uses social media plug-ins made available by Third-Party Social Media Websites (collectively, “Social Media Plug-Ins”) to enable you to easily share information with others, the operator of the Social Media Plug-Ins can place a cookie on your device when you use or visit the Website, enabling that operator to recognize individuals who have previously used or visited the Website. If you are logged into a Third-Party Social Media Website for its Social Media Plug-In while using or browsing the Website, that Social Media Plug-In allow that Third-Party Social Media Website to share information, including Personal Information, about your activities through the Website with other users of their service. For example, Facebook Social Plug-Ins would allow Facebook to show your “Likes” and comments on our pages to your Facebook friends and allow you to see your friends’ Facebook activity through the Website. We do not control or take responsibility for any content used by Social Media Plug-Ins or their corresponding Third-Party Social Media Website or their compliance with Applicable Law and their respective privacy policies. For additional information about Social Media Plug-Ins, please refer to their corresponding Third-Party Social Media Website’s privacy and data/information sharing statements/policies.

6.5 Other Disclosures.

We may disclose Personal Information about you if required to do so by Applicable Law or if we believe in good faith that such disclosure is reasonably necessary or helpful to (i) comply with legal process, (ii) enforce the Terms & Conditions below, including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) protect the rights, property, or personal safety of The MUST, the Payment Processor, other Website users, or the public.

RETENTION OF PERSONAL INFORMATION.

We will keep your Personal Information while you have an Account with us or while we are providing Products or other goods and/or services to you. Thereafter, subject to any Applicable Law, we may hold Personal Information about you for as long as is necessary:

To fulfill the purposes described in Section 5 above (“The Purposes For Which We Use Personal Information”), including, without limitation, to comply with Applicable Law and to process and fulfill your orders of Products; or
To respond to any questions, complaints, or claims made by our or on your behalf.

We will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy.

YOUR RIGHTS.
Rights Relating to Personal Information.

If you have an Account, we provide access to—and the ability to edit or delete—certain categories of Personal Information through your Account on each of our supported domains, and permit you to delete all content browsing information and opt-out of further participation in data associated with the current device you use to use or browse the Website and to delete all information related to Voluntary Communications subscriptions. To exercise this right, please contact us in the manner and at the address or email address set forth in the “Contact Us” section below.

Subject to Applicable Law, if you would like to access, amend, correct, delete, export (e.g. data portability), object to the processing of Personal Information collected in and through the Website, or withdraw your consent (as applicable), you may submit a request to The MUST’s Privacy Officer in the manner and to the address or email address set forth in the “Contact Us” section below, or submit a request to whichever of our specific domains you have made use of. Because our internal systems only make use of first-party cookies and cannot associate user data between the domains we control, you must submit any such request to whichever domain you have used. We will promptly review and, if required, respond to all such requests in accordance with Applicable Law. Depending on where you live, you may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you, though we encourage you to first reach out to us in the manner and at the address or email address set forth in the “Contact Us” section below so we have an opportunity to address your concerns directly before you do so.

8.2 Opting Out of Promotional Emails.

You may choose not to receive future Voluntary Communications or other promotional or advertising emails from us by clicking the unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences in the manner and to the address or email address set forth in the “Contact Us” section below. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request, as well as Automatic Communications, such as administrative, maintenance, and operational emails (for example, in connection with a password reset request).

If you receive and want to opt-out of Voluntary Communications or other promotional or advertising emails from us, then you can click the unsubscribe link at the bottom of the relevant email or contact us in the manner and at the address or email address set forth in the “Contact Us” section below. The MUST is not responsible for promotional or advertising emails from third parties.

DATA SECURITY.

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

TRANSFERS OF PERSONAL INFORMATION FROM THE EUROPEAN UNION (EU) OR EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM (UK), OR SWITZERLAND TO THE UNITED STATES OF AMERICA.

In order to communicate with you or provide the Website, the information (including Personal Information) that we collect from you may be transferred to, stored, used, and processed by The MUST in the United States of America or one of our service providers based inside or outside of the United States of America. Such entities may be engaged in, among other things, preparing and sending notifications and the provision of support services.

If you are visiting from the European Union or the broader European Economic Area or other regions with laws governing information collection and use that may differ from those of the United States of America or any one or more of its individual States, please note that you are transferring your Personal Information to the United States of America. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union or the broader European Economic Area. By submitting information, you agree to the collection, transfer, storage, use, and processing of information about you for the purposes described in this Privacy Policy. When you provide Personal Information to us or our service providers or business partners (including, without limitation, the Payment Processor), you consent to the processing of your information in the United States of America as the Website is offered from the United States of America. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers and business partners (including, without limitation, the Payment Processor).

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES OF AMERICA AND ITS INDIVIDUAL STATES TREAT YOUR PERSONAL INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT OF YOUR PERSONAL INFORMATION REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION TRANSFERRED TO THE UNITED STATES OF AMERICA, YOU SHOULD NOT SHARE YOUR PERSONAL INFORMATION WITH US, OR MAKE USE OF THE WEBSITE.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION OR THE BROADER EUROPEAN ECONOMIC AREA. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

HOW WE RESPOND TO DO NOT TRACK SIGNALS.

As explained above in Section 4.4, the technologies used through the Website may be used to track Website users’ activity through the Website. How browsers communicate user preferences related to the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed. For this reason, the Website may not respond to Do Not Track signals at this time.

NOTICE TO CALIFORNIA RESIDENTS.

California Residents: Pursuant to the California Consumer Privacy Act of 2019 and the California Privacy Rights Act of 2020 (each as may be amended from time to time, the “CCPA” and “CPRA,” respectively, and together, the “California Privacy Laws”), you have certain rights with respect to your Personal Information. For the purposes of this Section, Personal Information is used as defined in the CCPA. The MUST reserves the right to verify all requests made pursuant to the California Privacy Laws.

12.1 Requests to Know.

You have the right to request that we disclose:

The categories of Personal Information we have collected about you;
The categories of sources from which we have collected Personal Information about you;
Our use of the Personal Information we have collected about you;
The categories of Personal Information about you we have sold or disclosed for a business purpose;
The business or commercial purposes for selling or collecting Personal Information about you;
The categories of Personal Information sold or shared about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and
The specific pieces of Personal Information collected about you for the twelve (12) months prior to the date of your request.

The delivery of our response to your request to know may take place electronically or by mail. We are not required to respond to requests to know more than twice in a twelve (12)-month period.

12.2 Requests to Delete.

You have the right to request that we delete any Personal Information about you that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal Information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the Personal Information, provide Products or another good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by Applicable Law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.), as may be amended from time to time;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with an obligation under Applicable Law; and/or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

12.3 Right to Opt Out of the Sale of Personal Information.

You have a right to opt out of the sale of Personal Information. You may, at any time, direct us to not sell Personal Information about you to third parties. If you exercise your right to opt out of the sale of Personal Information about you, we will not sell Personal Information about you. Any Personal Information collected in connection with your request to opt-out of the sale of Personal Information about you will be used only to facilitate that request. You may submit opt-out requests by contacting us in the manner and at the address or email address set forth in the “Contact Us” section below.

12.4 Requests to Correct Inaccurate Personal Information.

You have the right to request that we correct inaccurate Personal Information that we maintain or that pertains to you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

12.5 Authorized Agents.

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to California Probate Code Sections 4000-4465, as may be amended from time to time, may submit a request on your behalf. You may also make a verifiable consumer request on behalf of your minor child.

12.6 Methods for Submitting Consumer Requests and Our Response to Requests.

To make a request pursuant to your California Privacy Laws rights, you must contact The MUST’s Privacy Officer in the manner and at the address or email address set forth in the “Contact Us” section below.

Upon receipt of such request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within forty-five (45) days of receipt. In order to protect your privacy and the security of Personal Information about you, we verify your request by requesting for additional identifying information that will only be used to verify your identity and for no other purpose.

12.7 Categories of Personal Information We Have Sold in the Last Twelve (12) Months.

We have sold the following categories of Personal Information during the last twelve (12) months:

Identifiers;
Commercial information, including records of Products and other goods or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
Internet or other electronic network activity information, a consumer’s interaction with an Internet website or advertisement;
Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes; and
Sensitive Personal Information.

For information on how to opt out of the sale of your Personal Information, see Section 12.3 above.

12.8 Categories of Personal Information We Have Disclosed for a Business Purpose in the Last Twelve (12) Months.

We have disclosed the following categories of Personal Information for a business purpose during the last twelve (12) months:

Identifiers;
Commercial information, including records of Products and other goods or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
Internet or other electronic network activity information, a consumer’s interaction with an Internet website or advertisement;
Inferences drawn from any of the information identified in this section to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes; and
Sensitive Personal Information.

12.9 The Right to Non-Discrimination.

You have the right not to be discriminated against for the exercise of your California Privacy Laws rights described above. Unless permitted by the California Privacy Laws, we will not:

Deny you Products or other goods or services;
Charge you different prices or rates for Products or other goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of Products or other goods or services; or
Suggest that you may receive a different price or rate for Products or other goods or services or a different level or quality of Products or other goods or services.

12.10 Shine the Light Law.

California’s “Shine the Light” law allows California residents to obtain a list of third parties to whom a business has disclosed Personal Information for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and by providing a cost-free means to exercise that right.

Personal Information submitted will only be used for marketing and promotional purposes. Whenever you agree to allow us to collect Personal Information, we provide you with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by emailing us at info@themust.co .

Because we include a comprehensive Privacy Policy and provide you with details on how you may opt out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.

CONTACT US.

If you have any questions about this Privacy Policy, please contact The MUST in the manner and at the address or email address set forth in the “Notices” section of the Terms & Conditions below or by email at info@themust.co .

TERMS & CONDITIONS Last updated 3 October 2023

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE WEBSITE OR PURCHASING PRODUCT(S) THROUGH THE WEBSITE. THESE TERMS & CONDITIONS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WEBSITE AND PURCHASE OF MERCHANDISE THROUGH THE WEBSITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS & CONDITIONS, YOU MAY NOT USE THE WEBSITE OR PURCHASE MERCHANDISE THROUGH THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE AND/OR PURCHASE OF MERCHANDISE THROUGH THE WEBSITE MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

Welcome to THE MUST. These terms and conditions (“Terms & Conditions”) represent a legally binding agreement between The Must Projects LLC, for itself and on behalf of its past, present, and future parent, subsidiary, and affiliate companies (collectively, “The MUST”, “we”, “us”, or “our”), and each visitor, user, or customer (each, a “user,” and specifically you, “you” or “your”) of our website, https://themust.co/, and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (collectively, the “Website”) and apply to your direct and indirect use, access, interaction with, display, viewing, browsing, printing, copying, transmitting, receiving, or exchanging data, messages, or content or other communication on or through the Website, or your use or benefit of any feature, function, or service or activity, promotion, or other content of, on, or available through the Website, including but not limited to the purchase and sale of products (“Product(s)”) from or through the “Website (“use” or “using”), as well as your purchase and sale of Products though THE MUST staff members and sales representatives or at a THE MUST showroom or other events, such as pop-ups and art fair presentations.

BY ACCESSING AND USING THIS WEBSITE AND/OR PLACING AN ORDER FOR PRODUCT(S), YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE LEGAL AGREEMENT YOU HAVE WITH US, INCLUDING THESE TERMS & CONDITIONS, THE PRIVACY POLICY, AND ANY OTHER APPLICABLE TERMS AND CONDITIONS THAT WE DISCLOSE OR NOTIFY YOU OF WHEN YOU USE OR ATTEMPT TO USE THE WEBSITE (COLLECTIVELY, THE “ADDITIONAL TERMS”), WHICH ARE EXPRESSLY MADE PART OF YOUR LEGAL AGREEMENT WITH THE MUST AND YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, THE PRIVACY POLICY, AND SUCH OTHER ADDITIONAL TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, THE PRIVACY POLICY, AND SUCH OTHER ADDITIONAL TERMS, PLEASE EXIT THE WEBSITE NOW. WITHOUT PREJUDICE TO ANY MANDATORY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY CONTENT AVAILABLE ON THIS WEBSITE, IS TO STOP USING THE WEBSITE.

These Terms & Conditions, as well as the Privacy Policy and Additional Terms, are subject to change by THE MUST, without prior written notice at any time, in our sole discretion. We will alert you to any revisions by updating the “Last Updated:” date of these Terms & Conditions. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THESE TERMS & CONDITIONS WILL APPLY IMMEDIATELY UPON POSTING THE “LAST UPDATED” DATE. The latest version of the Terms & Conditions will be posted on this page, and you should review these Terms & Conditions prior to purchasing any Product or using the Services. Your continued use of this Website after changes to our Terms & Conditions shall constitute your agreement to be bound by the modified Terms & Conditions. These Terms & Conditions are an integral part of the terms and conditions that apply generally to the use of our Website. Any terms used but not defined herein are defined in the Privacy Policy or Additional Terms, as the case may be.

Acknowledgment and Acceptance of the Terms & Conditions

THE MUST provides the Website as a curated online marketplace for artist-made fashion and design. The services and materials available on this Website (the “Services”) may be subject to posted guidelines or rules specifically applicable to those services or materials that are in addition to the Terms & Conditions contained herein.

By agreeing to these Terms & Conditions, you represent and warrant that: (a) you are at least 18 years of age or the “age of majority” in your jurisdiction, if different, or at least 13 years of age and have the consent of your parent or legal guardian; (b) you have not previously been suspended or removed from the Website or the Services and (c) your registration and your use of the Website and the Services are in compliance with all applicable U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Laws”). If we have previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. The Website is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from children under the age of thirteen (13). Note that the Website may contain art or literary materials that include nudity or other graphic content that some people may consider offensive.

User Privacy and our Privacy Policy.

The MUST’s Privacy Policy is available on this page, below the Terms & Conditions. By accessing and using the Website, you are agreeing to be bound by the Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information.

Accounts

Use of some of the Services, such as purchasing a Product, may require you to register for an account on the Website (an “Account”). At the time of registration, you will be asked to provide us with information about yourself including electronic mail address, phone number or other contact information (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and you will maintain and update this information as required in order to keep it current, complete and accurate.

When registering, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur, through the use of your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to terminate your account in the event of any unauthorized transfer or sharing thereof. You agree to notify us immediately if your account or any of your Registration Data has been compromised.

By providing The MUST with any Registration Data, you grant to us and to all other persons, companies, and other entities involved in the operation of the Website the right to use, store, monitor, retrieve, and transmit such Registration Data in connection with the operation of the Website and as otherwise provided herein and in the Privacy Policy, which sets forth our information collection and use policies with respect to the privacy of your Registration Data. You acknowledge, consent, and agree that we may access, preserve, and disclose your Registration Data and User Content (as defined below) if required to do so by Applicable Law, or if we believe in good faith that such access preservation or disclosure is reasonably necessary or helpful to (i) comply with legal process; (ii) enforce these Terms & Conditions, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; (iv) respond to any Claim (as defined below) that User Content violates the rights of third parties; (v) provide certain customized features of the Website to you, if any; (vi) respond if you us for any reason; or (vii) protect the rights, property, or personal safety of The MUST, other users or third parties, and/or the public.

We reserve the right to immediately terminate your Account at our sole discretion and without prior notice to you if, for example, you violate the Terms & Conditions. Accounts terminated by us for any type of abuse including but not limited to a violation of these Terms & Conditions, may not be reactivated. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your Account and remove from the Website all of your User Content (to the extent applicable).

General Marketplace Information

All items listed for sale via a “Product Listing” on THE MUST and its affiliates are available on a first-come, first-served basis. Your receipt of a private preview link, fact sheet or information about a Product does not constitute a “hold,” “reserve” or “offer” of that Product. Product(s) displayed or advertised on the Website may be out of stock, discontinued, or otherwise unavailable. Sometimes you may add Product(s) to your cart but, by the time you check out and your order processes, that Product(s) may no longer be available for purchase; if that happens, we will notify you via email at the email address associated with your Account or provided by you at the time of checkout.

Even though they may appear near or with Product Listings, any user ratings, reviews, comments, or feedback pertaining to Product(s) (collectively, “Product Reviews”) submitted through the Website as Postings (as defined below); they are not provided by The MUST and, therefore, we cannot and do not warrant or guarantee their accuracy or reliability.

Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. THE MUST has the right to limit or restrict the availability of Products or Services at any time and for any reason, including, but not limited to, for delays or unforeseen obstacles in artist/studio production, global logistical concerns, pricing errors, violation of these Terms & Conditions, or for suspected fraudulent activity. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not you have been charged. We may restrict any orders for Product(s) by or under the same Account, using the same credit card, and/or using the same billing and/or shipping address. We do not authorize the purchase of commercial quantities of Product(s) and reserve the right to, in our sole discretion, prohibit purchases of any Product(s) to resellers, dealers, and distributors. If your order has been canceled or limited by us, the applicable amount of any payment made pursuant to that order will be refunded to the original form of payment. If you have been charged and your order is canceled by us, we will promptly issue a refund to your original form of payment in the amount of the charge and notify you that your order was canceled.

You should use the Products in accordance with their instructions / directions and only for their intended purpose. Please read the Product Listing carefully before use, display and/or storage, as some materials may require or benefit from particular conditions.

We make every effort to display Product(s) and their qualities and attributes, such as their colors, textures, and appearance, as accurately as possible on the Website and update the Website on a continuous basis and endeavors to fact-check all information with relevant artists and third-party experts prior to publication on the Website. However, you should be aware that the displayed qualities and attributes of the Product(s) depend upon a variety of factors out of our control, including users’ monitor or mobile device screen resolution, physical environment while viewing Product(s) through the Website, and other factors, so we cannot guarantee that the qualities and attributes of Product(s) will always be accurately portrayed on the Website. Additionally, human error is possible and mistakes or unforeseen changes may occur. If so, THE MUST will correct the Product Listing as soon as possible. If you have any questions about any of the qualities and attributes of any specific Product(s), please do not hesitate to contact us and our customer service team will do their best to assist you.

The MUST is not responsible for typographical errors, inaccuracies, or omissions on the Website pertaining to Product(s) and its availability, price, or product descriptions, qualities, or attributes. As a result, we do not guarantee the accuracy or completeness of any information on the Website, including prices, product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order for Product(s)). If you do not wish to continue your purchase of any specific Product(s) after its pricing or other information has been corrected, please contact us right away.

Returns and/or Exchanges

Product returns are not accepted unless expressly noted on the Product Listing. If you are located in the United Kingdom or European Union, we may be legally required to offer returns on some non-customized, non-preorder and non-made-to-order Products within fourteen (14) days of the Product’s receipt by you. Please contact customerservice@themust.co to make a claim under these regulations.

Exchanges may be accepted on a case-by-case basis, at the discretion of the artist and THE MUST. Such inquiries should be directed to customerservice@themust.co with your order number in the subject line. The cost of shipping both the original purchase and the new Product are the sole responsibility of the buyer.

If you return or send to THE MUST (a) any Product that is not eligible for return or refund in accordance with these Terms & Conditions, (b) any Product that is not listed on the return authorization from THE MUST in respect of the respective shipment from you to us and/or (c) any product that you did not purchase from THE MUST, we may, without notice to you, retain and dispose of such items at our discretion and will not issue any refund therefor or make any other payment to you in respect thereof.

Repeated or excessive requests for exchanges, returns or cancellations (as determined by us in our sole discretion) or violations of our Terms & Conditions will be flagged and, at our discretion, may lead to (a) restrictions on access to and/or use of the Services, (b) the imposition of additional terms and conditions applicable to you and your future orders with us (and such restrictions and/or additional terms and conditions shall supersede and govern in the event of a conflict with these Terms & Conditions), (c) future orders and/or returns being refused and/or (d) the closure and banning of your Account and accounts associated with you, in each case, as determined by us in our sole discretion.

Since THE MUST works exclusively with independent artists and studios, we cannot offer Website-wide credit in the event of order changes or cancellations.

Notwithstanding anything set forth to the contrary herein or elsewhere in these Terms & Conditions, we do not take title to returned Product(s) until the item arrives at our fulfillment center.

Production Timeframes and Shipping

Some Products may be available to you for immediate purchase and shipping, while others are available for preorder from anticipated inventory or made for you specifically and thus may not be produced at the time of sale (“made-to-order”). In such cases, THE MUST staff will endeavor to keep the Product Listing updated with expected production and shipping timelines. These timeframes are estimates provided by the artists/studios, are not guaranteed and are subject to change.

THE MUST partners with DHL Express and FedEx to offer worldwide shipping (excluding US-domestic) on purchases under $10,000, which customers can arrange and pay for via a third-party plug-in on our Website during checkout. Please review each company’s Terms and Conditions here:

DHL

FedEx

For Products sold for $10,000 or more, we offer bespoke shipping assistance that includes additional fine art shipping options, paid for by the customer directly to the selected shipping company, after payment for the item to THE MUST has cleared.

Once a unique or custom item has been ordered, customers may request changes to the order via email to customerservice@themust.co within 24 hours of order confirmation. Please note that any change is not guaranteed, since production timelines vary, and artists may have already begun production. THE MUST staff will endeavor to keep customers updated on their custom order status via email. Sale cancellations are at the sole discretion of THE MUST and are generally not accepted because of production delays.

THE MUST’s network of artists is global, and the majority of our Products are shipped directly from the artists’ studios. The Product Listing specifies the location of the Product, and this information is incorporated in the checkout process. While THE MUST strongly recommends that customers choose secure delivery options with insurance/value protection and signature required upon delivery, our shipping partners offer ‘No Signature Required’ and uninsured shipping/delivery options. THE MUST is not responsible for any loss or liability or damage that may result from any chosen shipping option. While THE MUST will make reasonable efforts to assist you in troubleshooting or liaising with the shipping company to resolve a problem, you as the customer understand that by booking your shipment, you are entering into your own separate agreement with the shipping company at your own risk. You must file claims directly with the shipping company under the shipping company’s terms and conditions within 30 days of the shipment booking confirmation. You are responsible for reviewing the shipping company’s terms and conditions prior to booking their shipment, and you agree to indemnify and hold harmless THE MUST from any breach, alleged breach or damage arising in connection with the shipment of any Product. Nor is THE MUST responsible for any international shipping delays caused by the customs clearance process or global logistical issues. All purchases of Product(s) are made pursuant to a shipping contract and, as a result, the risk of loss and title for the Product(s) passes to you upon delivery of the Product(s) to the third-party carrier.

Payments

Prices for Product(s) displayed on the Website are quoted in U.S. Dollars and are subject to change at any time. They may also differ from prices quoted by The MUST customer service personnel over the phone, displayed in catalogs, or advertised at retail stores, warehouse sales, or elsewhere.

THE MUST uses third-party payment processor Stripe, Inc. (the “Payment Processor”). Please review their Consumer Terms and Conditions here: https://stripe.com/legal/consumer. To purchase Product(s) made available through the Website, you will be asked to supply The MUST and/or the Payment Processor with certain information relevant to your transaction, including but not limited to your name, your email address where we can send you a receipt and information about your purchase, information about your form of payment (i.e., credit card, payment card, or other payment method and the expiration date and security/CVV code, if applicable), the billing address associated with such form of payment, the shipping address where we (via a third-party carrier) will send the Product(s), and other related information (collectively, “Transaction Information”), and we may need to share that Transaction Information with third parties to complete your order as further described in the Privacy Policy. If you decline to provide The MUST or the Payment Processor with Transaction Information as we deem necessary, or do not wish to permit us to share Transaction Information with our third-party fulfillment service providers, then we and/or the Payment Processor may refuse or be unable to process the order or, if already processed, we may cancel the order and issue (or direct the Payment Processor to issue) a refund to your original form of payment (to the extent payment has been processed) for the Product(s).

All orders are subject to customer identity and address verification for security reasons. If we contact you for verification, you will have 24 hours to complete the verification process. If you do not comply within this time frame, THE MUST reserves the right to cancel the order and refund any payments already made will be refunded in the original payment method. THE MUST, in our sole discretion, may grant additional time to complete the verification process.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR PAYMENT CARDS OR OTHER PAYMENT METHODS USED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE WEBSITE AND TO PROVIDE THE MUST WITH ALL RELATED TRANSACTION INFORMATION.

You agree to pay all fees and charges, including but not limited to all shipping and handling charges, that may be incurred by you or on your behalf through the Website (including through your Account), at the prices and amounts in effect when such fees and charges are incurred and you authorize us and the Payment Processor to charge all applicable amounts for the orders that you make to the credit card, payment card, or other payment method specified, such as bank wire, at the time the order is placed. In addition, you remain responsible for any taxes that may be applicable to your transactions.

If you preorder or order custom-made Products, you will generally be required to pay the full purchase price at the time of order. In the event that THE MUST only requires payment of a 50% or 75% deposit, we will charge you the remaining amount due at such time as the Product is ready for shipment. We may charge the remaining balance to the same method of payment as used for the initial payment or to any active payment methods, including credit card(s), on your account at the time the payment is due. If your payment information has changed, please contact customerservice@themust.co with your updated payment information and quote your order number in the subject line. If the remaining payment cannot be processed within 48 hours, your order may be canceled at the sole discretion of THE MUST and the initial deposit will not be refunded.

If you preorder or order custom-made Products, shipping fees and any applicable sale taxes will become due once the Product is ready for shipment. Shipping fees will be collected directly by the shipping company. The MUST will collect applicable sale taxes, though other taxes and duties may become due at a later date and are the sole responsibility of the buyer. Please refer to the Taxes and Duties section below for more information.

We may, at any time and from time to time, for any reason in our sole discretion, create promotional or discount codes that may either discount the purchase price for one or more Product(s) items or be redeemed for credit in your Account or for other features or benefits related to the Websites (collectively, “Promo Codes”), subject to any additional terms that we establish on a per promotion or per promotional code basis. Promo Codes may only be used, and its associated benefits or discounts may be redeemed, only once per user or Account and/or once per transaction. We reserve the right to void Promo Codes for duplicate benefits. Only Promo Codes sent to you through Automatic Communications or Voluntary Communications (each as defined below) are valid and will be honored. You agree that Promo Codes (i) must be used for the intended audience and purpose and in accordance with Applicable Law (as defined below) and these Terms & Conditions; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by The MUST at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards, or cash equivalents; and (vi) may expire prior to your use and, if that happens, we may decline to reissue a replacement Promo Code.

Taxes and Duties

Due to the international nature of our inventory, Product prices displayed through the Website and its Services do not include taxes and duties as may be required by Applicable Law (such as sales tax, value added tax, use tax, and import or customs duties). Some of those charges may be calculated by the Payment Processor and paid for at checkout, depending on the customer’s delivery location. Some such charges may be billed by The MUST or applicable entity after payment for the Product has been processed.

Please note that depending on your shipping address and chosen shipping method, import duties and other taxes may become due at a later date, and each customer is responsible for duly paying them to the appropriate shipper or local entity as instructed. Failure to do so risks cancellation of delivery, confiscation of the purchased item or other penalty. THE MUST is not responsible for any unpaid duty, tax or surcharge due after the Product has been collected by the shipper, such as import duty or use tax. The costs of shipping and any import taxes and duties paid are non-refundable.

User Conduct on Website

By using the Website and/or the Services, you agree not to use, allow or enable or knowingly condone any other person, company, or other entity to use, the Website to do or attempt to any of the following, for any reason:

use the Website or the Services for unlawful purposes, in violation of any Applicable Law or our rights or the rights of third parties, or to promote any unlawful activities (including but not limited to engaging in any intellectual property infringement);
impersonate another person or company, misrepresent your affiliation with another person or entity, or make any representation to us or any third party under false pretenses or otherwise use any fake, false, or fictitious names or profiles;
engage in conduct which is libelous, slanderous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
remove or modify any copyright, Trademark (as defined below) or other intellectual property notices that appear in the Services or on any images or other content made available on this Website;
reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services;
access, copy, reproduce, use, or create derivative works of any THE MUST Materials, Product(s) or textual information pertaining thereto or images or photos thereof, Trademarks, User Content, and Postings (each as defined below), or any other content, materials, information, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, or other intellectual property of any kind or nature uploaded to, or contained in, the Website and the Product(s) advertised and/or made available for purchase thereon in connection with, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including but not limited to technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;
distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, “phishing,” or similar communications through the Services or transmit, post, or submit through the Website any false, misleading, or spam Product Reviews;
modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, company, or other entity;
interfere with, or compromise the system integrity or security of, the Services or otherwise bypass any measures we may use to prevent or restrict access to the Services or gain unauthorized use of the Website, other users’ Accounts or Registration Data, names, login or password information, or Personal Information or use the Website in any manner which violates or is inconsistent with the provisions or spirit of these Terms & Conditions;
conduct automated queries through the Website (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions or any other automated activity) with the purpose of obtaining data or other information from the Services;
use the Website for Posting or otherwise using malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment, including the Website, or otherwise take any action that imposes an unreasonable or disproportionately large load on THE MUST’s infrastructure;
access or use any of the Services for commercial or business purposes, including advertising, marketing, selling, or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or webpages or to develop competitive products or services.

Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms & Conditions and may constitute a violation of Applicable Law, and users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Website or any part thereof without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

We encourage you to report offensive or illegal content by contacting us at info@themust.co and we reserve the right to block transmission of, and or remove any Posting that you make for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any Postings that you make to the Website is not confidential and that the following rules shall apply to your use of the Website.

Intellectual Property

The Website is owned and operated by THE MUST. User interfaces, website design and layout, information, Trademarks (as defined below), data, code, software, text, images, photographs, illustrations, animations, graphics, audio, video, audiovisual materials, art, proprietary information, databases, algorithm, the selection, sequence, “look and feel” and arrangement of items, and all copyrightable or otherwise legally protectable elements of the Website and Services contained on or within the Website (collectively with the Website, the “THE MUST Materials”) are protected by Applicable Law, including but not limited to those relating to intellectual property, and are the sole and exclusive property of THE MUST or our third-party licensors.

You are only permitted to use the content on the Website as expressly authorized by us for your own personal use. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from this Website in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate Applicable Laws and could result in criminal or civil penalties.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website, or use of or access to this Website and/or the Services.

Unless otherwise disclosed, all of the trademarks, service marks, brand names, logos, insignia, symbols, product or service names, and company names (collectively, “Trademarks”) displayed on the Website are registered and unregistered Trademarks of The MUST or other third parties. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without the express written permission of, with respect to our Trademarks, The MUST or, with respect to other Trademarks, the applicable third-party owner or licensor thereof. Except as expressly provided in these Terms & Conditions, any use of the Trademarks is expressly prohibited.

Posting

To the extent the Website contains interactive areas where users can submit or upload their own content, materials, information, text, data, copyrights, Trademarks, designs, images, photos, music, screenshots, videos, and other intellectual property (collectively, “User Content”), you retain ownership to any and all of your own User Content and these Terms & Conditions do not deprive you or any holder of your or their rights therein and thereto. However, when you do submit, provide, furnish, transmit, exchange, communicate, and/or display provide User Content (including but not limited to Product Reviews) on the Website (“Posting”), you are giving us an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon, and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to grant us such license. If you do not have the right (or if you are not certain whether you have the right) to license your User Content to us in accordance with the foregoing terms, do not submit or provide User Content to us. We make no representations that your User Content will remain available via the Website in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE WEBSITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE WEBSITE, AND WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN OR TO SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate Applicable Law, these Terms & Conditions, or the rights of others. In addition, you are solely responsible and liable for any Postings made under your user ID, name, email address, password, and/or your Account or Registration Data or other registration, subscription, and/or profile information. We reserve the right to remove, reject, or delete any User Content or Postings made to the Website, but we assume no responsibility for doing so or monitoring Postings. We do not and cannot review all Postings made to the Website and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove User Content or Postings on the Website. Postings do not reflect our views and we do not represent or warrant the truthfulness, accuracy, or reliability of any Postings (including but not limited to any Product Reviews), nor do we endorse or support any opinions or ideas expressed in any Posting. Unless and until you notify us of the foregoing, you are solely responsible and liable for any Postings made by any person, company, or entity using your Account.

Claims of Copyright Infringement

Notices of Claimed Copyright Infringement:

We respect the intellectual property rights of others, and ask that you do the same. If you believe that your User Content or other copyrightable works or materials have been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act (as may be amended from time to time, the “DMCA”), please provide the following information to our designated agent, whose contact information is below: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material (i.e., third-party User Content) you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf. Our designated agent for receiving notices of claimed copyright infringement under the DMCA may be contacted as follows:

The Must Projects LLC

Attention: DMCA Designated Agent

27-28 Thomson Ave, Unit 631

New York, NY 11101

United States of America

DMCA@themust.co

Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in your having to repeat some or all of the above process.

Removal of Allegedly Infringing Materials:

If we receive notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, we will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Website by, or disable and/or terminate the Accounts of, users who may have infringed the copyright(s) of others.

Counter-Notice to Notices of Claimed Copyright Infringement:

If your User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and you would like to dispute the removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing our designated agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the Accounts of (or access privileges by) users who are infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter-notification, please do the following: (i) identify the specific URLs of (or other information sufficient to allow us to identify) the User Content that we have removed or to which we have disabled access; (ii) provide your full name, address, telephone number, email address and, if you have an Account, the username of your Account; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which The MUST may be found, and that you will accept service of process from the person who provided notification to our agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

The Must Projects LLC

Attention: DMCA Designated Agent

27-28 Thomson Ave, Unit 631

New York, NY 11101

United States of America

DMCA@themust.co

After we receive your counter-notification, we will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when we forward the counter-notification, it includes any of your Personal Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Personal Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content or other material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether User Content you posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process for counter-notifications set forth above.

WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. CONSULT WITH YOUR OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.

Social Media Components.

From time to time, the Website may enable users to post comments or other user-generated content (including but not limited to Product Reviews) on Facebook, Instagram, Threads, Twitter, and/or other social media services (collectively, “Third-Party Social Media Websites”), which may be accessible or viewable (via the Website and/or on that Third-Party Social Media Websites) to the poster’s so-called friends, followers, or connections or others who have access to view their social media postings, and may personalize and otherwise enhance the user’s experience on the Website based on the information they share with those Third-Party Social Media Websites, such as basic information, likes, and interests. While we hope that you find these features to be a great way to share and discover information and new content, these Third-Party Social Media Websites also offer ways to manage the information you share with The MUST in this manner. Pay careful attention to your account settings and privacy settings on those Third-Party Social Media Websites, which will impact this feature of the Website and may give you some control over the information that is shared and who it is shared with. See the websites of these Third-Party Social Media Websites for more details.

By interacting with the social media accounts owned and/or controlled by The MUST and/or otherwise relating to any Product(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to your social media accounts, in accordance with your privacy settings and your account settings on the Website and Third-Party Social Media Websites. If you do not want information about you to be shared in this manner, do not use the social media features on the Website.

Rules for Sweepstakes, Contests, Games and Promotions

From time to time, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) may be conducted or made available through the Website, and each of those Promotions may have specific rules that are different from these Terms & Conditions. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms & Conditions, except that, in all instances, the dispute resolution procedures and class action waiver contained herein will control and apply.

Dealings with Advertisers and Other Users

Your correspondence or business dealings with, or participation in promotions of, advertisers and other users found on or through the Website are solely between you and such advertiser or user. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS VIA THE WEBSITE.

Feedback

You agree that, with respect to any User Content, Posting, Product Reviews, feedback, analysis, suggestions, and comments to The MUST provided by you (collectively, “Feedback”), in consideration of The MUST providing access to the Website free of charge, YOU HEREBY GRANT TO THE MUST THE EXCLUSIVE PERPETUAL, IRREVOCABLE, AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER, OR MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT ANY REMUNERATION, COMPENSATION, OR CREDIT TO YOU. You represent and warrant that you have the right to make the foregoing grant to The MUST and that none of the Feedback infringes any intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the foregoing, we grant to you a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, perpetual, and revocable right and license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

Third-Party Links

The Website may contain links to or advertisements for websites operated by third parties and, therefore, not owned or controlled by The MUST. The links to and advertisements concerning third-party websites, material, products, or services are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites or for your interactions with them, and you visit them at your own risk. Our inclusion of links to or advertisements for such third-party websites does not imply any endorsement of the material, products, or services provided by such third-party websites or any association with such third-party websites or their owners or operators whatsoever.

Communications from THE MUST

By registering or creating an Account or purchasing Product(s) through the Website, you may be automatically subscribed to receive certain email notifications and THE MUST Materials from us (collectively, “Automatic Communications”), or we may give you the option to select and receive certain email notifications and THE MUST Materials from us (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see the section of the Privacy Policy entitled “Opting-Out of Promotional Emails.”

DISCLAIMER OF WARRANTIES

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THESE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT LEGALLY PERMITTED, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES AND MATERIALS WILL (A) MEET YOUR REQUIREMENTS, (B) BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE, (C) THAT THE RESULTS OBTAINED FROM OUR WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR (D) THAT THE INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. DO NOT RELY ON THE WEBSITE OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER THE MUST NOR ITS OTHER INDEMNITEES (AS DEFINED BELOW) ARE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE WEBSITE

WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS OF FACT WITH RESPECT TO ANY INDIVIDUAL ARTWORK. WHILE THE MUST ENDEAVORS TO ENSURE THAT PRODUCT COLORS ARE DISPLAYED AS ACCURATELY AS POSSIBLE, WE CANNOT GUARANTEE THAT YOUR COMPUTER’S MONITOR WILL ACCURATELY DISPLAY TRUE COLOR. IF YOU HAVE ANY QUESTIONS ABOUT THE COLOR OF A PRODUCT, PLEASE CONTACT INFO@THEMUST.CO BEFORE PLACING YOUR ORDER.

IN ADDITION, WE DO NOT PHYSICALLY INSPECT THE ARTWORK, CONDUCT RESEARCH OF THE ARTWORK OR INDEPENDENTLY VERIFY THE INFORMATION PROVIDED ABOUT THE ARTWORK.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS WEBSITE, INCLUDING THE DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

TO THE EXTENT THE WEBSITE ENABLES USERS TO USE THE WEBSITE TO MARKET, ADVERTISE, AND PROMOTE THEIR OWN PRODUCTS, THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS MARKETED, ADVERTISED, PROMOTED, SOLD, OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN THE MUST AND RECEIVED BY YOU THROUGH OR ADVERTISED VIA THE WEBSITE OR THIRD-PARTY WEBSITES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

All content on the Website and the Services are based in the State of New York in the United States of America, and are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and Services outside of the United States and that access may not be legal by certain persons or in certain countries. Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any service or information available through this Website is void where prohibited.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MUST OR ANY OF THE OTHER INDEMNITEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE, ANY PRODUCT(S) OR THE PURCHASE THEREOF, OR FROM THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, , REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM LOSS OF USE, LOSS OR CORRUPTION OF DATA, ANY DIRECT OR INDIRECT LOSS OF SAVINGS, REVENUE OR PROFITS OR ANY DIRECT OR INDIRECT LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE MUST AND THE OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL THE MUST AND THE OTHER INDEMNITEES’ TOTAL AND COLLECTIVE LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU ACKNOWLEDGE AND AGREE THAT THE MUST HAS OFFERED ITS WEBSITE AND ENTERED INTO THESE TERMS & CONDITIONS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE MUST, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE MUST. YOU ACKNOWLEDGE AND AGREE THAT THE MUST WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Indemnification

You agree to defend, indemnify and hold harmless The Must and our parent, subsidiary, and affiliate companies and each of their respective officers, directors, stockholders, managers, members, partners, joint venturers, employees, independent contractors, operational service providers (including but not limited to the Payment Processor, third-party carriers, and Product manufacturers and distributors), consultants, licensors, licensees, attorneys, representatives, agents, heirs, successors and assigns (collectively, the “Indemnitees”) from and against all losses, damages, liabilities, penalties, fines, costs, and expenses, including but not limited to attorneys’ fees and court costs, that arise from or relate to any claim, action, cause of action, demand, or allegation of any and every kind, nature, and character, whether based in whole or in part in contract, tort, negligence, statute or otherwise (each, a “Claim”), brought or asserted by a third party to the extent arising from (i) your use or misuse of this Website and/or the Services, (ii) your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, or obligation of these Terms & Conditions or any of the other Additional Terms; (iii) any violations, or allegation which if true would constitute a violation, of Applicable Law; (iv) infringement, misappropriation, or violation, or allegation which if true would constitute an infringement, misappropriation, or violation, of Applicable Law or the rights of others in connection with your User Content and/or Postings; (v) your User Content, including our use, display, or other exercise of our license rights granted herein with respect thereto; or (vi) any unauthorized use, or allegation which if true would constitute an unauthorized use, of your Account. We reserve the right at any time to assume the exclusive defense and control of any Claim subject to indemnification and all negotiations for settlement and compromise, in which event you will cooperate with us in asserting any available defenses or settling such Claim.

Termination or Suspension of Use; Survival

You agree that we may, in our sole discretion, terminate or suspend your Account and/or access to all or part of the Website and/or the Services with or without notice and for any reason, including but not limited to breach of these Terms & Conditions. Additionally, The MUST reserves the right to modify, suspend, or discontinue the Website generally and/or access to it at any time, for any reason or no reason, without prior notice. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefor, your right to use the Services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and your User Content and bar any further access to this Website. Accounts terminated by us for any type of abuse including but not limited to a violation of these Terms & Conditions, may not be reactivated. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your Account and remove from the Website all of your User Content (to the extent applicable). We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith, even if your purchase of Product(s) is impacted by the suspension or termination.

All provisions of these Terms & Conditions, the Privacy Policy, and any Additional Terms, which by their nature, should survive termination thereof, including but not limited to any provision which must survive to allow us to enforce any of the foregoing, shall continue in full force and effect upon termination thereof.

Governing Law; Dispute Resolution, Waivers of Certain Legal Rights

Governing Law

These Terms & Conditions, as well as the Privacy Policy and all Additional Terms, shall be governed by and construed and enforced in accordance with the laws of the State of New York without reference to its principles of conflicts of laws. The Uniform Computer Information Transactions Act shall not apply to these Terms & Conditions.

Resolving Disputes with THE MUST

You agree that any Claim or other disputes arising out of or relating to these Terms & Conditions, the Privacy Policy, Additional Terms, the Website, THE MUST Materials, or otherwise with respect to the subject matter hereof shall be submitted to JAMS, or its successor, for confidential mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding, confidential arbitration in New York City, New York, pursuant to its Streamlined Arbitration Rules and Procedures. However, in the event that you engage in, or threaten to engage in, any act which violates any material provision of these Terms & Conditions and for which there may be no adequate remedy at law, we shall be entitled, in addition to all other remedies which may be available to us under law, to injunctive relief (including but not limited to an ex parte restraining order, temporary restraining order or preliminary or permanent injunction) and specific enforcement of the terms of this Agreement from any court of competent jurisdiction, pending arbitral relief. We shall not be required to post a bond or other security in connection with the granting of any such relief. Judgment on any award may be entered in any court having jurisdiction, both parties waive any and all jurisdictional, venue, or inconvenient forum objections which they may have now or hereafter to the laying of venue in New York County, New York or the exclusive jurisdiction of JAMS over the Parties.

Remedies

All remedies available to a party, whether at law, in equity, or pursuant to these Terms & Conditions, the Privacy Policy, or any Additional Terms, shall be cumulative. The prevailing party as determined by the Arbitrator will be entitled to recover the costs of the dispute, including reasonable attorneys’ fees and other costs, plus interest at the rate authorized by New York law.

Waiver of Jury Trial

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN ANY CLAIM OR OTHER DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS, THE PRIVACY POLICY, ADDITIONAL TERMS, THE WEBSITE, THE CONTENT, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER HEREOF.

Waiver of Class Actions

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CLAIM OR OTHER DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS, THE PRIVACY POLICY, ADDITIONAL TERMS, THE WEBSITE, THE CONTENT, THE PRODUCTS, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER HEREOF WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY SUCH CLAIM HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO SUCH CLAIM WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER CLAIM OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE MUST AND ALL OTHER PARTIES TO ANY SUCH PROCEEDING.

Limitation of Time to Bring a Claim

You agree that, regardless of any Applicable Law to the contrary, any Claim or other dispute arising out of or relating to these Terms & Conditions, the Privacy Policy, Additional Terms, the Website, THE MUST Materials, the Products, or otherwise with respect to the subject matter hereof must be instituted within one (1) year from the date such Claim or cause of action arose (or if multiple causes, from the date the first such cause of action arose) or else will be deemed forever and permanently waived and barred.

Right to Notify Law Enforcement

If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could compromise or endanger the health, wellbeing, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or person, company, or other entity, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates these Terms & Conditions, the Privacy Policy, Additional Terms, the Website, THE MUST Materials, or any Applicable Law, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these Terms & Conditions or any of the Additional Terms, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by Applicable Law.

Periodic Testing

From time to time, we test various aspects of the Website, including the platform, user interfaces, service levels, plans, promotions, and features associated therewith, and we reserve the right to include you in or exclude you from these tests without notice.

Entire Agreement

These Terms & Conditions, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior or contemporaneous discussions, understandings, and agreements, whether oral or written, between you and The MUST relating to the subject matter hereof. These Terms & Conditions may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms & Conditions, these Terms & Conditions shall take precedence.

Force Majeure

In addition to any excuse provided by Applicable Law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Severability; Headings

If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with Applicable Law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms & Conditions or related rights shall not constitute a waiver of that right or provision. Headings are purely for reference and shall not affect the meaning of any term or condition.

Assignment

We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms & Conditions, the Privacy Policy, or any Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms & Conditions, the Privacy Policy, or any Additional Terms to anyone else.

Notices

Any notice, demand, or other communication required or permitted to be given under these Terms & Conditions, the Privacy Policy, or any Additional Terms shall be in writing.

Notices to You

We may deliver such notice to you at any time via email or an Automatic Communication, a general notice on the Website, or the U.S. Postal Website, by registered or certified mail, with postage and fees prepaid and return receipt requested, or an overnight courier (e.g., FedEx, UPS, DHL) with shipping charges prepaid, to your address we have on file (if any).

Notices to THE MUST

You may deliver such notice to us at any time via the U.S. Postal Website, by registered or certified mail, with postage and fees prepaid and return receipt requested, or an overnight courier (e.g., FedEx, UPS, DHL) with shipping charges prepaid, to the following address:

The Must Projects LLC
Attention: Legal Department
27-28 Thomson Ave, Unit 631

New York, NY 11101

Notice for California Residents

Under California Civil Code Section 1789.3, users of the Website from California are entitled to receive information on how to resolve a complaint regarding the Website or to receive further information regarding use of the Website. Such complaints or requests must be submitted to The MUST in the manner set forth in the Notices section above.

Contact Us

If you have any questions about these Terms & Conditions, please contact The MUST in the manner set forth in the Notices section above or by email at info@themust.co.

Privacy Policy/ T & C’s