TERMS AND CONDITIONS FOR USING THE WEBSITE
Welcome to the official Website of The Sixth Floor Museum at Dealey Plaza (the "Museum"). We are committed to making your experience on our Website safe, satisfying, and productive. The Website chronicles the assassination and legacy of President John F. Kennedy and presents contemporary culture within the context of presidential history.
Your use of this Website, including all pages and portions of it and all services, features and information found at the Website (the "Website") is subject to your agreement with these Terms and Conditions for Using the Website ("Terms and Conditions").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THEY APPLY TO ALL USERS OF THE WEBSITE, REGARDLESS OF WHETHER THEY REGISTER WITH THE WEBSITE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.
Changing Your Information
You are responsible for ensuring that information you provide in connection with registration at the Website is accurate up to date. Shortly after you register or make a change to your registration, we will send you a confirming email.
Copyright Notice and Ownership
All photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof ("Images") and all content, data, information, news, story lines and all other text, including digital, printed and audio ("Text") placed upon this Internet Website by the Museum are protected by the Copyright Laws of the United States ("U.S. Copyright Law") and of the laws of other jurisdictions.
Unless otherwise noted, all Images and Text, along with the layout and design of the Website and all documentation, data, services, features, products and other content at the Website (together with Images and Text, referred to as "Information") are owned by or licensed to the Museum. Information may not be reproduced, modified, redistributed or otherwise used in any way without a written license signed by the owner.
Use and Limited License
You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Information found at this Website for your personal, non-commercial use only.
Any use of Information may not be for commercial reasons, unless specifically authorized by the Museum in writing. Any request for use or license, or questions concerning ownership of any Information found at the Website, may be made to email@example.com or by using the online Rights and Reproductions Request Form. For additional information relating to use of the Information and other Museum resources, refer to the Frequently Asked Questions section of the Website.
Use of the Museum trademarks, including the trademarks "The Sixth Floor Museum," "The Sixth Floor Museum at Dealey Plaza,” the Museum's logo
all page headers, graphics, images, symbols, the names of products, services or features, trade names and other marks found at the Website are proprietary property of the Museum (collectively the Museum's "Marks"), and use of such Marks is strictly prohibited without written consent of the Museum. The Museum's Marks may now be or in the future might be registered with the Unites States Patent and Trademark Office.
Restrictions, Limitations and Conditions of Use
Your rights to this Website are given on the condition that you use the Website in accordance with these Terms and Conditions. You may not use the Website for any unlawful purpose and you may not:
(1) access, solicit, collect or use any personally identifying information about any users of the Website or anyone else;
(2) restrict or inhibit others from using the Website;
(3) transmit to or introduce at the Website any viruses, harmful software, or other modifications or changes to the Website; or
(4) submit, upload, email or otherwise transmit any content, material or other thing, to or through the Website which (a) is threatening, abusive, defamatory, obscene, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, marketing, promotional or other commercial purpose.
The Museum has no obligation to monitor the Website or any content submitted to the Website by people who visit the Website. However, the Museum reserves the right to review or monitor the Website and any content submitted by users from time to time.
At any time, the Museum may
(2) without further notice to you, censor or prohibit the transmission or receipt of, or refuse to display and/or remove any information or materials, which we deem to be inappropriate, objectionable or in violation of these Terms and Conditions; and/or
(3) disclose any information we deem necessary or desirable to satisfy any law, regulation or governmental request.
Disclaimers and Limitations of Liability
ALL INFORMATION AND OTHER MATERIALS ON THE WEBSITE, INCLUDING ITEMS PURCHASED AT THE MUSEUM STORE ARE PROVIDED "AS-IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR LAW. The Museum makes no warranties of any kind as to the performance of or the effect such Information, materials, or items purchased may have on the user or any damage to or viruses which may affect the computer or any other property of the user.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MUSEUM IS NOT RESPONSIBLE FOR ANY ACCESS OR USE BY YOU OF THE WEBSITE OR INFORMATION FOUND OR ITEMS PURCHASED AT THE WEBSITE AND IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH SUCH ACCESS, USE OR PURCHASE, INCLUDING ACTUAL OR DIRECT DAMAGES OR DAMAGES OF ANY KIND BASED ON ANY LEGAL THEORY.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (e.g., CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO YOU.
Changes to Terms; Entire Agreement
These Terms and Conditions constitute the entire and exclusive agreement between you and the Museum regarding the Website and its use, and supersedes all other agreements, understandings and communications, if any, oral or written. The Museum retains the right to modify these Terms and Conditions at any time without notice or warning. You are bound to these changes and, therefore, should periodically revisit the Website's Terms and Conditions.
Governing Law; Requirements for Lawsuits
The laws of the state of Texas, excluding its conflict-of-law principles, shall govern these Terms and Conditions, the use of the Museum Website, purchase of items from the Museum Store, and any other disputes related to the Museum shall be heard solely in the state courts situated in Dallas County and the federal courts in the Northern District of Texas situated in Dallas, Texas, as applicable. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as agent for service of process; and (2) agree that any claims or causes of action must be instituted within two (2) years from the date such claim arose. The Museum's failure to enforce any terms of this provision shall not be construed as a waiver of any right mentioned above. The prevailing party in any such legal proceeding, disputes or claims is entitled to recover its attorney's fees and costs of litigation.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, the Museum hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to minors.
Notice and Procedure for Copyright Infringement Claim
Pursuant to the Digital Millennium Copyright Act, we reserve the right to terminate your license to use this Website if we determine you are involved in any activity which may be infringing other rights. The Museum has procedures for receiving written notification of claimed infringements, and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
The Sixth Floor Museum at Dealey Plaza
Name of Contact: Registrar
Address: 411 Elm Street, Suite 120
City, State Zip Code: Dallas, TX 75202-3308
Telephone: 214-747-6660, toll free 888-845-4854
Email Address: firstname.lastname@example.org
Any written notice regarding any defamatory or infringing activity should be sent to the designated agent listed above and must include the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) identification of the material claimed to be infringing or the subject of infringing activity and thus should be removed have access disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.