Terms of Use

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Museality as a Service Engine™  – Terms of Use
 
Welcome to Museality.  This Terms of Use Agreement, effective as of September 16, 2015, governs your use (the “User”) of the audiovisual software service Museality as a Service Engine created by Museality LLC  (“Museality LLC” or “Museality” or the “Company”) in conjunction with the application utilizing Museality as a Service Engine (the “Application” or the “App”) for mobile devices that was created by Museality LLC, which provides a proximity and location-based audiovisual tour within the application.  The audiovisual tour software service, the museum application using the service, the website owned or controlled by Museality LLC, and any other application created by Museality LLC shall be regarded collectively as the (the “Service”).  These terms described herein (the “Terms of Use” or “Terms”) also govern the use by a business registered with the Service, its employees, staff, management, partners, and affiliates also registered on behalf of or in conjunction with the business (collectively regarded as the “Venue”), of which in common are will be provided an audiovisual tour relating to one or many common displays (the “Exhibition[s]”) and other features relating to the Service.  The Service is offered to you and the Venue conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  By accessing the service you are agreeing to these Terms of Use.  These Terms of Use affect your legal rights and obligations.  If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
 
Privacy
Your use of the Service is subject to Museality LLC’s Privacy Policy (the “Privacy Policy”). Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices. 
 
General Terms 
  1. Under the Terms of Use described herein, you are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these terms of use. As a condition of your use of the Service, you warrant to Museality that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use (“Prohibited Use”).
  2. Museality LLC reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. 
  3. If you are registered with the Service, you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or venues that are expressly authorized to create accounts on behalf of their employers or clients, Museality LLC prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Museality upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. If you are registered with the service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. 
  5. You acknowledge that Museality is not responsible for third party access to your account that results from theft or misappropriation of your account. 
  6. If you are registered with the service, you may request deactivation by sending an email to [email protected].
  7. To the maximum extent permitted by law, this agreement is governed by the laws of the state of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Service. 
  8. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 
  9. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  10. Although it is Museality’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
 
Prohibited Use
  1. You must be at least 13 years old to use the Service
  2. You must not change, modify, adapt or alter the Service or change, modify or alter another website or application so as to falsely imply that it is associated with the Service or Museality without prior written consent of Museality LLC.
  3. You may not use the Service in any manner which could damage, disable, overburden, spoof, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
  4. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
  5. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or Services on the App or portion of either or solicit or cause another to do so.
  6. You may not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  7. You may not use automated methods to use the Services.
  8. You may not attempt to circumvent any technological measure implemented by Museality or any of Museality’s providers or any other third party (including another user) to protect the Services.
  9. You may not advertise or offer to sell or buy any goods or services without prior written consent of Museality LLC.
  10. You may not violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights.
  11. You may not advocate, encourage, or assist any third party in doing any of the foregoing.
  12. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  13. You may not redistribute, claim ownership of, or copy any Submissions as defined herein by any other means other than those provided by the service. 
  14. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users of the Service.
  15. You may not use domain names or web URLs in your username without prior written consent from Museality.
 
Rights and Content
  1. Museality does not claim ownership of the images, video, audio, text, or other materials a Venue provides (including feedback and suggestions) or post, upload, input or submits to any Museality Site or our associated services (collectively “Submissions”); however; by posting, uploading, inputting, providing or submitting your Submission you are granting Museality, our affiliated companies and necessary sublicensees a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service as Submission, subject to the Service’s Privacy Policy, and to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 
  2. No compensation will be paid with respect to the use of your Submission, as provided herein. Museality is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Museality’s sole discretion.
  3. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  Museality does not assume responsibility for any copyright or intellectual property infringement arising from Submissions.
  4. All other materials included as part of the Service, such as text, graphics, logos, images, audio, and video as well as the compilation thereof, and any software, algorithms, or techniques used on the Service, is the property of Museality LLC or its suppliers and affiliates and protected by copyright and other laws and licenses that protect intellectual property and proprietary rights (see our “Licenses” page for affiliate and open-source licenses for any that may exist).  All submissions and Museality-owned text, graphics, logos, images, audio, and video, shall be regarded collectively as (the “Content”).  
  5. Under these Terms of Use, you agree to observe and abide by all Copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto without prior written consent from the owner of such content.
 
Links to Third Party Sites/Services
  1. The Application or Service may contain links to other websites ("Linked Sites"). The Linked Sites created as Submissions from Venues are not under the control of Museality and Museality is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Museality is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Museality of the Service or any association with its operators. 
  2. Certain services made available via the Service are delivered by third party sites and organizations (“Third Party Service Providers”).  By using any product, service or functionality originating from the Linked Site domain, you hereby acknowledge and consent that Museality may share such information and data with any third party with whom Museality has a contractual relationship to provide the requested product, service or functionality on behalf of Venues and Users.   
  3. Submissions my be stored on the servers of and delivered to the Service through APIs of the Third Party Service Providers.  We encourage you to review their Terms and Privacy policies.
  4. Possible Third Party Service Providers to Museality LLC are currently:
  5. More may be added periodically and it is suggested you check from time to time for updates.
  6. A request can be submitted to [email protected] to determine exactly which one is being used on a per venue basis.  Please revue our Privacy Policy for more information on this matter.  
  7. Museality does not assume responsibility of other Linked Sites created as part of Submissions from Venues.
  8. If the Application uses the Service to allow you to connect your Service account to other third party accounts (such as Facebook, Twitter, Github, or any others with integrations provided, collectively “Third Party Accounts”), by connecting your Service account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
 
Copyright and Property
Reporting Copyright or other IP Violations
We respect the intellectual property rights of others as well as the digital rights of Museums, Artists, and other Venues.  Any issues regarding an infringement of rights should be sent to [email protected].
 
International and Foreign Territory
The Service is controlled, operated and administered by Museality LLC from our offices within the USA.  If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Museality Content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 
 
Electronic Communication
Visiting museality.com and entering personal information to contact forms, email list signups, service signups, or sending emails to Museality LLC directly constitutes (“Electronic Communications”). When you consent to send and receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communications be in writing. 
    
Indemnification
You agree to indemnify, defend and hold harmless Museality, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service or services, any user Submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Museality reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Museality in asserting any available defenses. 
 
Liability Disclaimer
The information, software, products, and services included in or available through the Service may include inaccuracies or typographical errors.  Changes are periodically added to the information herein.  Museality LLC and/or its suppliers may make improvements and/or changes in the service at any time. 
 
Museality LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Service for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.  Museality LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. 
  
To the maximum extent permitted by applicable law, in no event shall Museality LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service, with the delay or inability to use the service or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Museality LLC or any of its suppliers has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service. 
  
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Museality as a result of this agreement or use of the Service without other written agreement with Museality LLC.  Museality’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Museality’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Museality with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.   
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Museality with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Museality with respect to the Service.  Venues may obtain an additional license with Museality LLC for and extension of agreements, on a per-venue basis.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
  
Changes to Terms
Museality LLC reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. Museality encourages you to periodically review the Terms to stay informed of our updates. 
  
Contact us
Museality welcomes your questions or comments regarding the Terms: 
  
Museality LLC 
La Jolla, CA 92037
[email protected]
http://www.museality.com
 
Effective as of September 16, 2015