Terms and conditions
Terms and Conditions of Use
Last revised: February 1, 2023
These Terms and Conditions of Use (the “Terms”) are entered into by and between You and [INSERT LEGAL NAME OF MUSEUM] (the “Museum”), and govern your access to and use of https://www.thcnyc.com/ (the “Website”). Please read these Terms carefully before using the Website, as these Terms form a legally binding contract between You and the Museum. By using the Museum’s Website, you accept and agree to be bound by and abide by the Terms below. If you do not want to agree to these Terms, you must not access or use the Website.
- We reserve the right to revise, amend or update the Terms at any time in our sole discretion. It is your responsibility to apprise yourself of the current Terms in force. Amendments to the Terms become effective upon posting. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
- The intellectual property rights in this Website and copyright in all material stored, displayed and accessible on the Website, together with all information, text, images, audio, video, photographs, graphics, design, selection and arrangement, is either owned by the Museum or duly licensed by third parties. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved and protected by United States and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Material on this Website may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the owner. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- Any comments, ideas, messages, questions, suggestions, feedback, or other information regarding the Website (“Feedback”) provided by You to us are non-confidential and shall become sole property of the Museum. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby warrant that You have the right to submit such Feedback, and agree there shall be no recourse against the Museum for any alleged or actual infringement or misappropriation of any proprietary right in the Feedback.
- You may use the Website only for lawful purposes and in accordance with these Terms. The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or access the Website. Provided that You are eligible to access and use the Website, You agree not to use the Website (i) in any way that violates any applicable federal, state, local, or international law or regulation, (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, (iii) to transmit, or procure the sending of, any false or inaccurate information, or any advertising or promotional material without the prior written consent of the Museum, including any “junk mail,” “chain letter,” “spam,” unsolicited messages, or any other similar solicitation, (iv) to impersonate or attempt to impersonate the Museum, a Museum employee, another user, or any other person or entity, or (v) in connection with the use any device, software, or routine that interferes with the proper working of the Website or otherwise interferes with any security-related features of the Website, (vi) to disrupt, or create an undue burden on the Website or any of the networks or services used in connection with the Website; or (vii) to decipher, decompile, disassemble, or reverse engineer any of the software used in connection with the Website.
- The Museum reserves the right to withdraw any service or material we provide on the Website, in its sole discretion and without notice. The Museum will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties. The Museum has no control over the contents of these sites or resources, and does not investigate, monitor, endorse or check for accuracy, appropriateness, or completeness. The Museum is not responsible for any third-party websites accessed through the Website or any third-party content posted on, available through, or installed from the Website including the content, offensiveness, opinions, reliability, privacy practices, or other third-party policies or procedures. The Museum accepts no responsibility for them or for any loss or damage that may arise from Your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- THE INFORMATION, MATERIALS AND CONTENTS PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. ALL IS PROVIDED “AS IS” AND THE MUSEUM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. THE MUSEUM MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SAFETY, ADEQUACY, ACCURACY, AVAILABILITY, PRICES, RATINGS, REVIEWS, OR LEGALITY OF ANY OF THE INFORMATION CONTAINED ON THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE MUSEUM IS NOT LIABLE FOR ANY DAMAGES, HARM, OR INJURY THAT RELATES TO, ARISES OUT OF, OR RESULTS FROM THE USE OF, ACCESS TO, OR THE INABILITY TO USE, ANY OF THE INFORMATION OR MATERIALS ON THIS WEBSITE, AND YOU AGREE TO HOLD THE MUSEUM HARMLESS FROM ANY ERRORS, OMISSIONS, OR MISREPRESENTATIONS CONTAINED WITHIN THE WEBSITE’S CONTENT.
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE MUSEUM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY LOSS OR CORRUPTION OF DATA, AND ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
- You agree to defend, indemnify, and hold harmless the Museum, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms, Your violation of the rights of any third-party, Your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with the Museum’s defense of such claims.
- The Museum may restrict, suspend or terminate Your access to or use of the Website at any time if we believe that You have breached these Terms or applicable law, or for any other reason in the Museum’s discretion. Any such restriction, suspension or termination will be without prejudice to any rights which the Museum may have against You in respect of Your breach of these Terms.
- All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law, provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.