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” or “Site”) 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 and up to date. Shortly after you register or make a change to your registration, we will send you a confirming email.
User Generated Content
“User Generated Content” refers to Content (including, without limitations, discussions, chats, bulletin board posts, comments and the like) that you post (or that is posted using your account). We do not claim ownership for (nor do we undertake responsibility for) User Generated Content. If you post User Generated Content, you grant to us an irrevocable, perpetual, unconditional, worldwide, royalty-free, sub-licensable right and license to use, distribute, modify, adapt, transform, perform and publicly display it on or in connection with the Site, in whole or in part, in or on any and all media now known or hereafter developed, and to create compilations, adaptations and derivative works. We have no liability or responsibility for others, even if they obtained your User Generated Content through our Site.
You are prohibited from posting or transmitting any false or misleading, unlawful, threatening, libelous, defamatory, disparaging, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property or other rights of third parties, give rise to civil liability, or otherwise violate any law. the Museum will fully cooperate with any law enforcement authorities or court order requesting or directing the Museum to disclose the identity of anyone posting any such information or materials. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark, trade secret or other proprietary right, or any other harm resulting from your use of the Site.
You represent and warrant that your User Generated Content: a) is original to you or if not original you have obtained all rights necessary from the rights holder(s) and in all cases the User Generated Content is fully cleared as described above, b) does not and will not, in any way, violate or breach these Terms and Conditions and any other terms or conditions that apply to you or any other agreement by which you may be bound, c) does not contain libelous, tortious or unlawful information, infringe or violate any rights of any other party or contain any matter the publication, display or sale or in any other way violate any law, rule, regulation or court order, d) is not obscene or in any other manner unlawful, and e) is not and will not be injurious to the health, safety or security of any person. If your User Generated Content incorporates a name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you represent and warrant that you have the right to place such User Generated Content in the public domain.
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.
Reservation of Rights
All rights not expressly granted by the Museum herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Museum has the authority to grant any license on behalf of any third party.
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.
Third Party Trademarks
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on this Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that the Museum has authority to grant any right or license on behalf of any third-party trademark owner.
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.
Links to Other Sites
In using the Site, you may find that the Museum provides hyperlinks to one or more third-party websites (the “Linked Sites”). The Museum provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Although the Museum expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.
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.
BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR USE WILL BE CONSISTENT WITH THESE TERMS AND CONDITIONS, INCLUDING FAIR USE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE MUSEUM HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION, ALLEGATIONS, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), JUDGMENTS, LIABILITIES, LOSSES, AND DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE.
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.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as nearly approximate the intent of the parties as possible, and if unreformable, shall be severed and deleted from these Terms and Conditions. The Museum’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Museum. Any waiver of any provision of these Terms and Conditions must be in writing and signed by a duly authorized officer of the Museum.
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.
Please note that the Site is not specifically directed to children under the age of 13 and that the Museum does not actively solicit information from such children. Children under the age of 13 must obtain permission from an adult before submitting information to the Site.
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
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.