Table of Contents
2. Authorized and Prohibited Use
3. User Generated Content
4. User Accounts
6. Digital Millennium Copyright ACT (DMCA)
8. Exclusion of Warranty
9. Limitation of Liability
11. Governing Law; Claims/disputes
12. Injunctive Relief
15. Additional Terms
17. Entire Agreement; Modification
18. Contact Us
The Website, and the materials displayed on it, are owned by the Museum, or its licensors. This includes, without limitation, all text, information, graphics, images, design, software, computer code, trademarks, and other content (all of the foregoing, “Museum Content”). Except as expressly authorized by the Museum in a written agreement signed by an authorized representative of the Museum, you may not sell, license, distribute, modify, edit, create derivative works from, or otherwise make unauthorized use of the Museum Content.
2. Authorized and Prohibited Use.
The Museum Content is made available for non-commercial, educational, or personal use only. You may download Museum Content for such permitted use, but you must cite the author and source of the Museum Content as you would material from any other printed work, and the citations should include the URL www.frostscience.org; provided, that you may in no way imply any endorsement of the user or the user’s materials by the Museum. You agree not to remove or modify copyright, trademark, or other notices that identify the intellectual property rights of any Museum Content. Any commercial use of the Museum Content is strictly prohibited.
You many not use the Website: to transmit any virus, bug or other harmful item; in any manner that is designed to interfere with the proper working of the Website or any activity being conducted on the Website; in any manner that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; in connection with the use of any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available through the Website and other than generally available third party web browsers; attempt to gain any unauthorized access to the Website or improperly access another party’s user account through any means. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You shall be solely liable for any damages resulting from any harm resulting from your use of the Website.
3. User Generated Content.
By submitting user generated content, you grant to the Museum (and other users of the Website) the royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully transferrable right to use your user generated content for any purpose, including, without limitation, the right to create derivative works therefrom. The Museum may make copies of, edit or remove your user generated content at any time. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your user generated content. You retain ownership of your user generated content.
4. User Accounts.
If you create a user account, you are responsible for all activities, including all user generated content, that are connected to your account. You are responsible for maintaining the confidentiality of your account information, including your username and your password.
6. Digital Millennium Copyright Act.
The Museum is committed to complying with U.S. copyright and related laws, and requires all users of the Website to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact the Museum immediately to report any concerns of infringement by providing notice to the Museum’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email please address it to: firstname.lastname@example.org; if such notice is provided by mail, please address it to: General Counsel, Patricia and Phillip Frost Museum of Science, 1101 Biscayne Blvd., Miami, FL 33132.
The Website may contain links to third party websites. These links are provided solely as a convenience to you. The Museum does not endorse, and is not responsible for, and website linked to from the Website. If you decide to access linked websites, you do so at your own risk.
8. EXCLUSION OF WARRANTY.
THE COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE. THE WEBSITE MAY CONTAIN INACCURACIES OR ERRORS. THE COMPANY AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE COMPANY OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY.
THE COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL THE COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE WEBSITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY THE COMPANY OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES
If, notwithstanding the foregoing, the Company or any third party provider, partner or affiliate should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Website or its content, the liability of the Company and the third party providers, partners and affiliates shall in no event exceed US$100.00. In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
You agree to and shall defend and indemnify and hold the Company and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of the Website, the use of your account by and other person or persons, or your breach of these terms and conditions.
11. Governing Law; Claims/disputes.
12. Injunctive Relief.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
15. Additional Terms.
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Website, and you agree to abide by such other terms and conditions.
17. Entire Agreement; Modification.
18. Contact Us.
Patricia and Phillip Frost Museum of Science
1101 Biscayne Blvd.
Miami, FL 33132