For purposes of the TOS, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable audio and/or visual elements of this Site, created or owned by the Museum, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs , information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, computer programs, and other sets of statements and instructions contained in the underlying Site.
LICENSE TO USE THE SITE
The Museum grants you a non-exclusive, non-transferable, limited right and personal license to access, use and privately view and display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, or uploading computer viruses, or any other means expressly prohibited by any provision of these TOS or by law.
CHANGES TO SITE AND/OR TERMS OF SERVICE
USE OF THE SITE
You are responsible for all content that you upload, post, or otherwise transmit using the Site. Likewise, you are responsible for respecting the Museum's and third parties' rights with respect to Site Content that appears on the Site and not to download, email or otherwise transmit such Site Content in violation of Museum's and third parties' rights. You shall not use the Site or Services to:
- Upload, post, email, or otherwise transmit any content that infringes any, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Site 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 Site 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 Site;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any "Spam", "Junk Mail", “Bot” chain letters, or any other potentially objectionable form of unsolicited communication;
- Collect or store personal data with respect to third parties;
- Directly or indirectly, intentionally disrupt or interfere with the Site 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 Site 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 party 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.
The Museum Site may frame, and/or contain links to or advertisements about, non-Museum Web sites. Other sites may also reference, advertise, or link to Museum Site. Museum does not endorse or sponsor other Web sites and is not responsible for the content of such sites. Museum expressly disclaims any statements or assertions made on non-Museum Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
NON-UNITED STATES RESIDENTS
Museum makes no representation that the Site Content, including merchandise offered for sale on the Site, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
The Site is controlled and operated by the Museum from its offices within the State of Missouri United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or Missouri law and to personal jurisdiction in a court of competent jurisdiction in the State of Missouri for the purposes any legal action or claim pertaining to these Terms of Service, or arising from the use of Museum Site or Service.
DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MUSEUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) 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 USER OR OTHER USER WHO USES THE SITE. 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 SITE 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 SITE 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 SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.
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 IN ANY WAY TO YOUR USE OF THE SITE.
Any dispute between the Museum and you arising out of these TOS's shall be resolved first by direct communication with one or more of the Museum's representatives and, if necessary, by escalation to a Museum Manager. 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 these TOS's, 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 Missouri 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.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TOS's, DO NOT USE THE SITE.