MUSEUM OF SCIENCE AND INDUSTRY
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
1. ACCEPTANCE OF TERMS
2. ACCESS TO THE SITE
Access to the Network to submit content and participate in the Discussions board requires login and password information provided only to individuals whom the Museum has admitted to the School Partner Program of the Science Leadership Initiative (the “Initiative”) and who have created an account in their capacity as School Partner Administrator or School Partner Teacher Leader (the “Registered Users”). The Network login and password are provided for the use of the individual Registered User only and are not transferable. Any person who obtains a login and password (collectively, “Account”) by any means other than that person’s own registration as a Registered User, is not authorized to use the Network and the Museum requests that such user notify the Museum of the improperly disclosed Account. Misuse of an Account, including, without limitation, unauthorized sharing of the Account may result, at the Museum’s sole discretion, in cancellation of the Registered User’s subscription and other remedies, and the Museum shall have no liability to the Registered User. Certain other Content or Services on the Network may require additional identification or passwords. Registered Users are solely responsible for (1) maintaining the strict confidentiality of their Account; (2) not allowing another person to use their Account to access the Network, (3) any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their Account, and (4) promptly informing Museum in writing of security concerns related to the details of their Account. The Museum is not liable for any harm related to the theft of your Account details, your disclosure of your Account, or your authorization to allow another person or entity to use your Account. You agree to immediately notify Museum in writing of any unauthorized use of your Account.
3. CONTENT AND SERVICES
The Network and Services allow you to store or share communications with others; submit postings or feedback submitted by you to the Network via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Network (“Your Content”) and to receive such material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you remain responsible for Your Content.
When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the Network to share Your Content. You represent and warrant that for the duration of this Agreement, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Network and that the collection, use, and retention of Your Content will not violate any law or rights of others. The Museum cannot be held responsible for Your Content or the material others upload, store or share using the Network.
To the extent necessary to provide and maintain the Network and/or Service, to protect you and the Services, and to improve Network and Service, you grant to the Museum a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Network and/or through the Services. If you publish Your Content in areas of the Network that are available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Network and/or the Service.
The Museum does not consider or accept unsolicited proposals or ideas, including, without limitation, ideas for new programs, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Submissions”). If you send any Unsolicited Submissions through the Network and/or Services or otherwise, you acknowledge and agree that the Museum shall have no obligation of confidentiality with respect to the Unsolicited Submissions.
4. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Content (including copyrights, trademarks, trade secrets and patents) are the property of the Museum unless indicated otherwise and are protected by the United States Copyright Act of 1976, as amended, the copyright laws of other countries and other applicable intellectual property laws. Certain materials are used by permission of their respective owners. The Content and Services offered on the Network are provided solely to enable users to obtain information on topics of interest. The Content of the Network may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of the Museum, except that, subject to your compliance with this Agreement, the Museum authorizes you to view or download a single copy of the Content for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of the Museum or third parties.
(b) Trademarks and Service Mark
Except as specifically indicated on the Network, the Museum owns trademarks, service marks, trade dress, logos and designs (“Marks”), and uses any other Marks with the permission of their respective owners. You agree not to use or display any Marks without the prior written consent of the Museum or the owner of such Marks.
(c) Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), the Museum’s designated agent for notice of alleged copyright infringement in connection with the Network is as follows:
Steven Beasley Museum of Science and Industry 5700 S. Lake Shore Dr. Chicago, IL 60637 email@example.com Fax: (773) 684-2907 Phone: (773) 684-1414
To file a notice of infringement with the Museum, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located atwww.copyright.gov.
5. USE OF THE NETWORK AND REGISTRATION REQUIREMENTS
If you choose to have an Account, you agree that you will be responsible for maintaining your Account as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Account. You agree to immediately notify the Museum by one of the methods below in the event that (i) your Account is lost or stolen, or (ii) you become aware of any unauthorized use of your Account or of any other breach of security related to the Network. The Museum is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may contact the Museum as follows:
Museum of Science and Industry Attention: Digital Media Department 5700 S. Lake Shore Dr. Chicago, IL 60637 (773) 684-1414 firstname.lastname@example.org
6. PROHIBITED BEHAVIOR
You are responsible for all of Your Content. Likewise, you are responsible for respecting the Museum’s and third parties’ rights with respect to Content that appears on the Network and not to download, email or otherwise transmit such Content in violation of Museum’s and third parties’ rights. You shall not use the Network or Services to:
- Do anything illegal.
- Engage in any activity that exploits, harms, or threatens to harm children.
- Send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Publicly display or use the Network and/or Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
- Engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else;
- Circumvent any restrictions on access to or availability of the Network.
- Engage in activity that is harmful to you, the Network, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
- Engage in activity that violates the privacy of others.
- Help others break the terms of this Agreement.
- Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content;
- Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
- Impersonate another person or entity, including without limitation, a representative of the Museum or its officers, directors, employees, contractors or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Network;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
- Collect or store personal data with respect to third parties except as contemplated by the Agreement;
- Directly or indirectly, intentionally disrupt or interfere with the Network in any manner that may materially adversely affect the Museum or any third party;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or
- Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
- If you violate the terms of this Agreement, the Museum may remove your access to the Network or Services and/or may close your Account. The Museum may also block delivery of a communication (like email or instant message) to or from the Network in an effort to enforce terms of this Agreement or remove or refuse to publish one or more items of Your Content for any reason. When investigating alleged violations of this Agreement, the Museum reserves the right to review Your Content to resolve the issue. However, the Museum cannot monitor the entire Network, and You acknowledge the Museum has no duty or obligation to do so.
7. DISCLAIMER OF WARRANTIES
THE USE OF THE NETWORK IS SOLELY AT YOUR OWN RISK. THE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MUSEUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE NETWORK (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE NETWORK) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE MUSEUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE NETWORK. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE MUSEUM MAKES NO WARRANTY THAT THE NETWORK WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE NETWORK WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE NETWORK IS TO CEASE TO USE THE NETWORK. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.
8. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MUSEUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE NETWORK.
9. LINKS TO OTHER SITES
The linked sites are not under the control of the Museum and the Museum is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. The Museum reserves the right to terminate any link or linking program at any time. The Museum has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Network, you do this entirely at your own risk.
10. APPLICABLE LAWS
This Network is controlled by the Museum from its offices within the State of Illinois. Those who choose to access this Network from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws or regulations. Any claim relating to the Network must be filed within one year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of Illinois without regard to its conflicts of laws provisions. Venue with respect to any dispute between the users and Museum will rest exclusively in the state or federal courts located in Chicago, Illinois.
11. DISPUTE RESOLUTION
Any dispute between the Museum and you arising out of this Agreement shall be resolved first by direct communication with the Science Leadership team via email email@example.com. Should the Museum and you be unable to resolve the dispute by communication and both you and the Museum jointly agree to do so, the Museum or you may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of the Museum’s headquarters and pursuant to Illinois law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
12. ENTIRE AGREEMENT
Your right to access and use the Network, Content and/or Services immediately terminates without further notice upon your breach of this Agreement. The Museum may terminate this Agreement and/or your right to use the Network at any time, with or without cause. The Museum reserves the right to discontinue or make changes to the Network, Content and/or Services at any time.
The Museum may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Network. You may give notice to Museum at any time via electronic mail to firstname.lastname@example.org.
If you object to any material found on this Network, please bring your concerns to email@example.com. The Museum reserves the right to remove any material with or without further investigation.
You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to your continued use of the Content or access to the Network. You should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Network. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. The Museum reserves the right to add to or change the Network or cease offering the Network (or any Content or Services on the Network) at any time and without liability. Museum reserves the right to refuse to offer access to the Network to anyone at any time without notice. You may not assign this Agreement without Museum’s prior written permission.
YOUR USE OF THE NETWORK INDICATES THAT YOU AGREE TO THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT USE THE NETWORK.