TERMS AND CONDITIONS FOR USING THE WEBSITE
Welcome to the officialÂ Website of The Sixth Floor Museum at Dealey Plaza Store (the ï¿½Museum Storeï¿½). Â The Museum Store is affiliated with The Sixth Floor Museum at Dealey Plaza (ï¿½Museumï¿½). Â We are committed to making your experience on our Website safe, satisfying, and productive.
Your use of this Website, including all pages and portions of it and all services, features and information found at the Website (the ï¿½Websiteï¿½) is subject to your agreement with these Terms and Conditions for Using the Website (ï¿½Terms and Conditionsï¿½).
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 OR PURCHASE ANY ITEMS FROM THIS SITE.
Items Offered for SaleÂ
The Museum Store reserves the right, at its sole discretion, to refuse access to this Site, terminate accounts, or cancel orders made through this Site if is believed that a visitor's conduct is in violation of applicable law or these Terms and Conditions. Â The Museum Store also reserves the right to discontinue any item at any time without notice, and expressly denies any warranty or obligation to provide any item in stock, or make any item available. Â Any item ordered that is determined to no longer be available will not be provided, and the customer ordering such item will not be charged. Â All items on this Website are subject to the Disclaimers and Limitations of Liability set forth below.
Risk of Loss
All items purchased from the Website will be shipped to the address provided with the order information and the risk of loss and title for such items pass to you upon the Museum Store's delivery to the carrier.
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.
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 or incorporated into any product sold on this Website by the Museum Store are protected by the Copyright Laws of the United States ("U.S. Copyright Law") and of the laws of other jurisdictions. Â No license, implied or otherwise, is granted to you whatsoever in any copyrightable work incorporated into any product, and you may not reproduce, display, publish, distribute, copy, or otherwise enjoy any of the rights that are reserved exclusively to the copyright holder of such works other than as provided herein.
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, used with permission by or licensed to the Museum or the Museum Store. Information may not be reproduced, modified, redistributed or otherwise used in any way without a written license signed by the owner.Â
Use and Limited License
You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display the Information on your personal computer for your own personal use, but not to download (other than page caching) or copy, transfer, broadcast, modify or distribute or otherwise use it in any way. Â The Information found at this Website for your personal, non-commercial use only.
Trademark Policy: Museum and Museum Store Trademarks
Use of the Museum Store or 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 or in the future 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:
- access, solicit, collect or use any personally identifying information about any users of the Website or anyone else;
- restrict or inhibit others from using the Website;
- transmit to or introduce at the Website any viruses, harmful software, or other modifications or changes to the Website; or
- 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 any advertising, marketing, promotional or other commercial purpose.
The Museum Store uses 'Secure Socket Layer' (SSL) encryption as a reasonable effort to ensure transactions that occur on this Website are secure. Â In order to further insure your privacy, we ask that you do not send any personal credit card information to us via email.
The Museum Store has no obligation to monitor the Website or any content submitted to the Website by people who visit the Website. However, the Museum Store reserves the right to review or monitor the Website and any content submitted by users from time to time.
At any time and without notice, the Museum Store may
- 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
- disclose any information we deem necessary or desirable to satisfy any law, regulation or governmental request.
Third Party Sites
References on this Website to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Museum Store's endorsement, sponsorship or recommendation of the third party, its information, products or services. The Museum Store is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
Disclaimers and Limitations of Liability
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, WHETHER OR NOT FOR SALE, ARE PROVIDED BY THE MUSEUM STORE ON AN ï¿½AS ISï¿½ AND ï¿½AS AVAILABLEï¿½ BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE MUSEUM STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ANY PRODUCT OFFERED FOR SALE ON THE WEBSITE IS AT YOUR SOLE RISK.Â
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MUSEUM STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MUSEUM STORE DOES NOT WARRANT ANY PRODUCT OR THAT THE WEBSITE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE BY SALE OR OTHERWISE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE MUSEUM STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MUSEUM STORE WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR THE USE OF ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO PERSONAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.Â
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Changes to Terms; Entire Agreement
These Terms and Conditions constitute the entire and exclusive agreement between you and the Museum Store regarding the Website and its use, and supersedes all other agreements, understandings and communications, if any, oral or written. The Museum Store 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 Website, purchase of items from the Museum Store, and any other disputes related to the Museum or the Museum Store shall be heard solely in the courts situated in Dallas County and specifically in Dallas, Texas (whether state or federal 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 Store'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 Store 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.Â
Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act, we reserve the right to terminate your rights to use this Website if we determine you are involved in any activity which may be infringing anotherï¿½s rights. The Museum Store 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
Contact: Director of Collections and Intellectual Property
Address: 411 Elm Street, Suite 120 Â Dallas, TX 75202-3308
Telephone: 214-747-6660, toll free 888-485-4854
Email Address: firstname.lastname@example.org
Any written notice regarding any infringing activity should be sent to the designated agent listed above and must include the following information:
- a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- 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.
- identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material.
- information reasonably sufficient to permit us to contact the you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law.
- a statement that the information in the notification is accurate, and provided under penalty of perjury; and if the complaining party is someone other than the owner, a statement that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.