These Terms of Use are effective as of October 4, 2016

Welcome to the Patricia and Philip Frost Museum of Science (the “Company” or the “Museum”) website located at frostscience.org (including any additional, temporary, or successor websites of the Company, the “Website). You are advised to read these Terms of Use, as they set forth the “terms and conditions” which govern your use of the Website, and your use of the Website is expressly conditioned on your acceptance of these Terms of Use. These Terms of Use are a binding contract between you and the Museum. If you are not in agreement with these Terms of Use, you should not use the Website.

The Museum is a not-for-profit corporation organized in the United States of America. The servers that host the Website are located in the United States, and any information you provide to the Museum will be utilized in the United States. For information regarding how the Museum handles information, including personal information, please see our Privacy Policy.

Table of Contents

1. Ownership
2. Authorized and Prohibited Use
3. User Generated Content
4. User Accounts
5. Privacy Policy
6. Digital Millennium Copyright ACT (DMCA)
7. Links
8. Exclusion of Warranty
9. Limitation of Liability
10. Indemnification
11. Governing Law; Claims/disputes
12. Injunctive Relief
13. Termination
14. Assignment
15. Additional Terms
16. Severability
17. Entire Agreement; Modification
18. Contact Us

1. Ownership.

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 agree to use the Website consistent with these Terms of Use. You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information. You may not use the Website to purchase any product you cannot or do not intend to pay for.

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.

“User generated content” means any content that you submit to the Website (other than Personally Identifiable Information, which is governed by our Privacy Policy. You are responsible for your user generated content. You represent that you own, or have the necessary permissions to use and authorize the use of your user generated content as set forth herein. You may not submit any user generated content that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

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.

5. Privacy Policy.

Your use of the Website indicates that you have read, and agree to, our Privacy Policy, the terms of which are incorporated herein.

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: feedback@frostscience.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.

7. Links.

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.

10. Indemnification.

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.

These Terms of Use shall be governed by the laws of the state of Florida, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, the state of Florida, United States of America, in all questions and controversies arising out of your use of the Website and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Any claim or dispute related to matters covered by these Terms of Use that you seek to bring must be commenced within one (1) year of when such claim accrued, regarding of whether you had knowledge of the facts or circumstances related to such claim. All claims/disputes shall be resolved by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) at the AAA’s offices in Miami, Florida. If the Company or its third party providers, partners or affiliates take any action to enforce these Terms of Use, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any costs of such action, in addition to any other relief, at law or in equity, to which such parties may be entitled.

12. Injunctive Relief.

You acknowledge that a violation or attempted violation of any portion of these Terms of Use will cause such damage to the Company as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.

13. Termination.

The Company may terminate these Terms of Use and/or the provision of any of the services at any time for any reason, including any improper use of the Website or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which the Company and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will terminate and revert to the Company and its third party providers, partners or affiliates, as applicable.

14. Assignment.

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.

16. Severability.

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Entire Agreement; Modification.

These Terms of Use, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Website. We may modify these Terms of Use from time to time. The most current version of these Terms of Use will always be posted on the Website. If we make changes to these Terms of Use, we will notify you by posting a notice on the Website. Your continued access to or use of the Website after the effective date of modifications to these Terms of Use indicates your acceptance of the modifications.

18. Contact Us.

Should you have any questions regarding these Terms of Use, you may contact us at:

Patricia and Phillip Frost Museum of Science
1101 Biscayne Blvd.
Miami, FL 33132
Attention: Website Terms of Use