The Museum of the Courageous

Website Terms of Use

The Museum of the Courageous (the “Museum”) provides this website in support of its charitable and educational mission: to promote public awareness of how acts of hate harm us as individuals and communities; to celebrate the heroic efforts of people who act to protect themselves or others from acts of hate; and to celebrate the work of people – from the everyday to the heroic – to prevent the spread of hate-based acts in our communities. As part of its mission, the Museum collects, shares, and celebrates stories to inspire everyone to stand up to hate, from generation to generation. The contents of this website, such as text, graphics, images, videos, articles, information and other material and content are provided for informational and inspirational purposes.

Your use of this website on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use (the “Terms”), which we may update from time to time without prior notice. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.

Please read these Terms of Use carefully before using this Site. By accessing this Site in any way, including, without limitation or qualification, browsing this Site, using any information, and/or submitting information, you agree to be and are bound by these Terms. If you do not wish to be bound by these Terms, please exit the Site now and refrain from further use.

Protection of Privacy, United States Only

By using this Site, you agree and acknowledge that this Site is hosted in the United States (“U.S.”) and that data collected through this Site will be stored and processed in the United States. We are committed to protecting the privacy of Site visitors in accordance with applicable laws and regulations. Please be advised that through your continued use of this Site, which is governed by U.S. law, these Terms, and our Privacy Policy, you may be transferring your personal information, including personally identifiable information, to the United States, and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of New York with respect to any dispute arising from or related to the Privacy Policy, your use of this Site and/or the Museum’s use of personal information you transfer, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of New York, and (c) the exclusive jurisdiction of the courts in New York, New York.

Please note that this Site is not specifically dedicated to children under 18 years old and we do not actively solicit information from children. Children under the age of 18 are required to obtain permission from an adult before submitting information to the Site.

Ownership of and Use of Site and Site Content

All content on this Site, including graphics, photographs, images, screen shots, text, software, documentation, articles, audio and video files and clips, digitally downloadable files, trademarks, logos, product and program names, slogans, all other materials on this site, and the compilation of the foregoing (“Site Content”), is the property of the Museum and its licensors, and is protected under trademark, copyright, rights of privacy and publicity and other applicable laws. The Museum retains all rights it holds in its Site Content.

Any use of Site Content not expressly permitted by these Terms of Use, is strictly prohibited. By downloading, printing, or otherwise using Site Content, whether accessed directly from this Site or via other sites or mechanisms, you agree and represent and warrant that you will not use the content in any way manner than as expressly permitted in these Terms of Use.

Further, by using this Site, you agree you will not: (a) copy, download, display or use any Site Content for any purpose in connection with products, services, activities, entities or other uses that are not those of, or sponsored or approved in writing by, the Museum, in any other manner that is likely to cause confusion among consumers, disparage or discredit the Museum and/or its licensors, dilute the strength of Museum’s or its licensor’s intellectual property, or otherwise infringe or harm the Museum’s or its licensors’ intellectual property rights; (b) use any electronic communication feature of this Site for any purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (c) use Site Content in any manner inconsistent with the Museum’s mission; (d) scrape content from this Site or (e) use any Site Content for any commercial purpose not expressly approved by the Museum in writing.

Anyone wishing to use any Site Content for commercial use, publication, or any purpose other than as expressly permitted by these Terms of Use, must request and receive prior written permission from the Museum. Such requests should be sent to “Copyright Agent, Office of the Museum of the Courageous” by e-mail to support@motc.org or by mail to:

Museum of the Courageous
PO Box 1039
48 South Broadway
Nyack, NY 10960-9998

Non-commercial, educational fair use to foster the Museum’s mission is permitted; commercial use and use to promote hate is strictly prohibited

In order to promote its mission, and unless otherwise stated on the Site, the Museum encourages Site visitors to use Site Content to spread the stories the Museum collects, curates, shares, and celebrates, including material subject to and protected by copyright law. This will help raise awareness of how acts of hate harm us as individuals and communities, help prevent the spread of hate-based acts in our communities and celebrate efforts of people who act to protect themselves or others from acts of hate.

However, by using Site Content, and in addition to the prohibitions stated above under “Ownership of and Use of Site and Site Content,” you agree to use it solely for noncommercial purposes, such as criticism, comment, news reporting, teaching, scholarship and research. In using this Site and its Content, you further agree solely to use Site Content to celebrate courageous human actions to combat hate and to help eradicate hate-based actions through education. You also agree that, in making use of Site Content, you will not to alter Site Content in any manner, including creating derivative works based on the Content, and you will not violate the Museum’s or any other party’s proprietary rights. Finally, you agree that in all such authorized uses of Site Content, you will cite the author/artist and owner of the copied content as well as its source, including the web address of the location of the copied content.

Warranty and indemnification
By using this Site in any manner, you represent and warrant that your use will be consistent with these Terms. You agree to indemnify and hold the Museum, its parents, subsidiaries, affiliates, licensors, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your use of this Site.

Trademarks
The names, titles, trademarks, service marks, and logos that appear on this Site are registered and unregistered marks of the Museum, including but not limited to MUSEUM OF THE COURAGEOUS and the Museum Design (“Museum Trademarks”). You may not use the Museum Trademarks without the Museum’s prior, written permission.

The trademarks of third parties may also appear on this Site from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on this Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Museum Trademarks or may be construed to mean that the Museum has authority to grant any right or license on behalf of any third party trademark owner.

Intellectual Property Infringement Notification
We respect the intellectual property rights of others. If you are a copyright owner and you believe that your copyright rights have been violated, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to support@motc.org or by mail:

Copyright Agent, Office of the Museum of the Courageous:

Museum of the Courageous
PO Box 1039
48 South Broadway
Nyack, NY 10960-9998

Please include the following in your notification, as required by the DMCA:

● Identify the copyrighted work(s) you claim is infringed.
● Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
● Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
● Include the Claimant’s name, address, and telephone number(s).
● Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or the copyright owner’s agent.
● Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

When we receive your notification with all the required information and are able to locate the allegedly infringing material, we will, in appropriate circumstances, and in our discretion, remove or disable access to the subject material.

Representations and Limitations of Liability

This site is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to this site or any information or software herein. The Museum makes no representations regarding the suitability, functionality, performance, availability, reliability or operation of the Site any features of this Site or Site Content, and disclaims all liability in the event of any service failure. That is, the Museum does not warrant that the site will provide continuous, prompt, secure, or error-free service and you acknowledge that any reliance on such material or systems will be at your own risk. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment, and the Museum makes no representations regarding the amount of time that any Site Content will be preserved. The Museum makes reasonable, ongoing efforts to revise and update the Site, but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site. In this connection, the Museum assumes no liability for any information removed from our Site, and reserves the right to temporarily or permanently restrict access to the Site.

Further, neither the Museum, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if the museum has been advised of the possibility of such damages) arising from or related to your use of the site, content, and/or compilation.

The Internet may be subject to breaches of security. The Museum assumes no responsibility, and shall not be liable for, any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Museum any information or submitting through this Site information to the Site. The Museum makes no representation or warranty whatsoever.

Under no circumstances, including Museum’s negligence, will the Museum be liable for any direct, indirect, incidental, special, punitive, or consequential damages (collectively, “damages”) that result from the use of or inability to use this Site, nor will the Museum be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by Museum or events beyond the Museum’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. Under no circumstances, including but not limited to, a negligent or gross negligent act, gross or willful misconduct, will the Museum or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the site, even if the Museum has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you.

Offers, Solicitations, Nominations, Contests, Products and Services

Any offers, opportunities, solicitations, nominations or contests and any products or services offered or described on the site are offered in jurisdictions where they may be legally offered for sale. The information on the site is not an offer or solicitation by anyone to anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

Unrestricted forums

The Museum at times may provide unrestricted forums on the Site for the exchange of ideas and information by participants. The Museum does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Site that you do not own, The Museum requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the Site that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.

Reviews and comments

You may have an opportunity to comment on or provide reviews of products purchased from the Site store. By submitting any such comments or reviews (the “Comments”) you hereby grant to the Museum a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, the Museum, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to the Museum the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or the Museum’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The Museum may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Site, in advertisements and emails and may include your first name and last initial as well as your Comments (or excerpted portions thereof).

Third Party Websites, Services And Other Content

This Site may hyperlink to the websites and other content of third-parties, including but not limited to, museums, other not-for-profit organizations, companies, governments and individuals, and their products, services, information, resources, offers, solicitations, nominations, contests, publications, videos or to the services, websites, applications, software, and other content from third-party providers such as Museum partners and social media partners (“Third-Party Services”). Such hyperlinks are provided solely as a service to users. Such any Third-Party Services made available by such third-parties are not maintained by or related to the Museum and, unless otherwise expressly stated, are not sponsored by, affiliated with, or endorsed by this Site or the Museum, and the Museum makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. The Museum is not responsible for the availability of such Third-Party Services and is not responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms of those third parties.

Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and the Museum has no control over how your information is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the entities and individuals that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree the Museum is not responsible for these providers, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

Binding Arbitration

Unless otherwise explicitly stated on this Site, any controversy or claim arising out of your use of this Site, these Terms, and/or our Privacy Policy will be settled through binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator will be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator will apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations and will honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision will be null and void, and neither you nor the Museum will be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration will have the right of discovery, which discovery will be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim will be resolved by the arbitrator.

The arbitration of disputes pursuant to this paragraph will be in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. You may not bring any claim as a private attorney general on behalf of other similarly situated persons. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal. Do not use this site if you do not agree to the foregoing binding arbitration provisions.

Miscellaneous

Both you and the Museum acknowledge and agree that no partnership is formed and neither you nor the Museum has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in New York, New York.

You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.

The failure of the Museum to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Museum, will not be deemed a breach of these Terms.
If the Museum fails to act with respect to your breach or anyone else’s breach on any occasion, the Museum is not waiving its right to act with respect to future or similar breaches.

Subject to the provision on binding Arbitration, if any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms of use and will not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and the Museum, and are accepted by you upon your use of this Site. These Terms constitute the entire agreement between you and the Museum regarding the use of this Site. By using this Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.