TERMS OF USE AGREEMENT

 

These Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) constitute a binding legal agreement between you (“you” or “user”) and The Princess & the Platypus Foundation, a 501(c)3 nonprofit organization, and its trustees, officers, directors, employees, agents, representatives, successors and assigns, and those acting under its authority (collectively, the “Foundation”).

 

The Foundation has created maintains www.theprincessandtheplatypus.org, www.princessdiana3Dvirtualmuseum.org, www.princessdianamuseum.org, all corresponding subdomains, web pages, and websites associated with the foregoing URLs, any mobile, web, console, desktop, and other applications provided by or on behalf of the Foundation, and any other content, applications, systems, features, functionality, software, information, products, and services offered by the Foundation (collectively, the “Site”) in support of its Mission. Access to and use of the Site is subject to these Terms of Use, including any policies or notices referred to in these Terms of Use, which are hereby incorporated by reference, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and all other policies and notices (and any amendments) and acknowledge full and complete acceptance of all of these Terms. If you do not accept these Terms, please do not use the Site. These Terms apply whether you are accessing the Site via a personal computer, a wireless or mobile device, or through any other technology or device.

 

Term. This Agreement shall remain in full force and effect while you use the Site. You may terminate your use of the Site at any time, for any reason, and the Foundation may terminate your use of the Site at any time, for any or no reason, with or without prior notice or explanation.

 

Ownership. The Site is owned and operated by the Foundation. All elements of the Site, including the content and the general design are protected by copyright, trademark, trade dress and other U.S. and international laws or treaties relating to intellectual property. The text, images, and data, including without limitation audio and video clips, interviews, images, text, software, documentation, and other media or information contained on the Site (collectively, the "Content") are protected by copyright, and may be subject to other restrictions as well, including, but not limited to, trademark rights and rights of privacy and publicity, under applicable law. The Foundation, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the Content on the Site. The Foundation fully supports the protection of intellectual property and is committed to complying with and strictly adhering to all applicable copyright law. The Foundation respects the right to privacy of individuals and groups and is committed to complying with and strictly adhering to all applicable legal requirements in protecting that privacy. The Foundation is committed to strictly adhering to provisions embodied in agreements with donors of collections. If you believe that the Site contain elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in the Foundation’s Digital Millennium Copyright Act (DMCA) Notice Policy.

 

Trademarks. The trademarks, online logomarks, and service marks ("the Trademarks") displayed on the Site, including THE PRINCESS AND THE PLATYPUS FOUNDATION, are registered and/or unregistered Trademarks of the Foundation. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of the Foundation or any third party owner. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

 

Copyright. The Foundation credits known copyright holders and conducts research regarding the copyright status of works in the Foundation’s collection. If you have any knowledge about rights holders of any of these works, please contact the Foundation’s Rights and Reproductions Department at rightsandreproductions@theprincessandtheplatypus.org. For details and information concerning the Foundation’s use of copyrighted materials, please refer to the Foundation’s Policy Relating to the Use of Copyrighted Materials and Works of Art.

 

Restrictions. The Foundation expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of the Content. The Site is to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright, trademark, service mark, or other notices contained on the Site. Except as expressly authorized by the Foundation, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of the Foundation or the owner of the Content if the Foundation is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. The Foundation requires users to respect its copyrights, trademarks, and other intellectual property rights and the Foundation likewise respects the intellectual property of others. If you believe that the Site contain elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in the Foundation’s Digital Millennium Copyright Act (DMCA) Notice Policy.

 

DISCLAIMER AND LIMITATION OF LIABILITY. While the Foundation uses reasonable efforts to include accurate and up-to-date information on the Site, the Foundation makes no representations or warranties whatsoever as to its accuracy, functionality, or operation and your use of and browsing in the Site are at your own risk. The Foundation assumes no liability or responsibility for any errors or omissions in the Content or the Site. You understand and agree that, to the fullest extent permissible by law, the Foundation and its licensors, suppliers, service providers, or any other party involved in creating, producing, delivering, or maintaining the Site shall not be liable for any loss or damage of any kind, including, but not limited to, any direct, incidental, consequential, indirect, special or punitive damages, in connection with or arising out of your access to, or use of, the Site, or from this Agreement.  

 

Accordingly, and without limiting the foregoing, ALL CONTENT ON THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, and the Foundation assumes no responsibility, and shall not be liable for, any malicious code, delays, inaccuracies, errors, omissions, damages to, or viruses that may infect, your computer equipment or other property arising out of your access to or use of the Site. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE AND CONTENT ASSOCIATED WITH YOUR USE OF THE SITE.

 

No Representation. Any views, information, or opinions expressed in any of the Content are solely those of the individuals involved and do not necessarily represent those of the Foundation. As set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, the Foundation is not responsible for and does not verify the accuracy of any of this information.

 

Communications. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Foundation or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like.

 

Permissions. Any party wishing to use any of the Content from the Site must request and receive prior written approval from The Foundation. Permission for such use is granted on a case-by-case basis. The Foundation reserves the right not to grant permission to use its Content, and does not grant permission to use Content of third parties.

 

Links. The Site may provide links to third-party websites that may offer various products, services, and/or information. The Foundation has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. You should be aware that your use of these third-party websites may be subject to separate terms and conditions, information collection practices, and other provisions. The Foundation provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site. The Foundation does not endorse, nor is it responsible for, any of the products, services, or content offered in any third-party sites. Before using any third-party service, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.

 

Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be required to provide certain personal or personalized information to us (“Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Foundation’s Privacy Policy and Cookies Policy. We encourage you to read the Privacy Policy and the Cookies Policy and to use them to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of your Personal Information.

 

Content Provided by Users. Although the Foundation may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, the Foundation is under no obligation to do so and, as more fully set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, the Foundation assumes no responsibility or liability arising from the Content or any user content, nor for any error, defamation, libel, slander, infringement, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. 

 

Compliance. You are solely responsible for your conduct in connection with the Site. By using the Site, you represent, warrant, and agree that: (i) your use of the Site does not violate these Terms of Use, or any applicable law, rule, or regulation; (ii) you will not post, transmit, or link to any material that is unlawful, abusive, threatening, libelous, defamatory, deceptive, fraudulent, harassing, obscene, scandalous, inflammatory, profane, or pornographic, or which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, contains a software virus, worm, spyware, Trojan horse, or other computer code, file, or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) you will not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of the Foundation or the owner of the Content if the Foundation is not the owner; (iv) you will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on the Foundation, the Site, our goodwill, name, or reputation; (v) you will not use the Site for any commercial or business purpose; (vi) you will not modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Site or the rights or use or enjoyment of the Site by any other user, solicit passwords or other Personal Information from other users, or engage in spamming, flooding, harvesting of email addresses or other Personal Information, “spidering”, “screen scraping”, “phishing”, “database scraping” or use any other automated means to access, copy, index, process, and/or store any Content made available on or through the Site; (vii) you will not modify, reverse engineer, decompile, or disassemble any part of the Site or create any derivative works from any part of the Site, or encourage, assist, or authorize any other person or entity to do so; and (viii) you will not use the Site in any manner which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Foundation will fully cooperate with any law enforcement authorities or court order requesting or directing the Foundation to disclose the identity of anyone posting any such information or materials, and reserves the right to investigate and take appropriate legal action against anyone who, in the Foundation’s sole discretion, violates, or is suspected of violating, these Terms of Use.

 

Applicable Law and Jurisdiction. The Site (excluding links to web sites operated by others) is controlled and operated by the Foundation from its offices in Los Angeles, California and is not intended to subject the Foundation to the laws or jurisdiction of any state, country or territory other than the United States. Although the Foundation has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its online presence. As each of these states and countries have laws which may differ from those of California and from each other, and as you and the Foundation both benefit from establishing a predictable legal environment in which to publish, access, and use the Site, by publishing, accessing, and/or using the Site you expressly agree that all matters arising from or relating to the use and operation of the Site or these Terms of Use will be governed by the internal laws of the State of California, without regard to its conflict of laws principles which may lead to the application of the law of another jurisdiction. You also agree that all claims you may have arising from or relating to the operation or use of the Site or these Terms of Use will be heard and resolved in the courts of Los Angeles, California. You also expressly consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Los Angeles, California, you will be solely responsible for compliance with all local laws of such other locations.

 

Indemnity. You agree to indemnify, defend, and hold the Foundation harmless from and against any and all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site or any of its Content.

 

Waiver. Any waiver of any provision of these Terms of Use must be in writing and signed by a duly authorized officer of the Foundation.

 

Amendment. The Foundation may at any time revise these Terms of Use and other notices contained herein by updating this or other postings. You are bound by such revisions and should periodically visit this page to review the then-current Terms of Use and other policies and notices.