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TERMS OF
USE
Welcome
to http://www.ammfl.org (the
''Website''), and the services of Apalachicola Maritime Museum, Inc. The
Website and services and products offered are intended for Apalachicola
Maritime Museum, Inc customers, with access to the Website, including, but
not limited to, the articles, reference and communication tools and other
services therein. The Website is owned and operated by the Apalachicola
Maritime Museum, Inc. When we refer to ''us,'' ''our,'' ''we'' and words of
similar import, we mean Apalachicola Maritime Museum, Inc, its the affiliates, subsidiaries, owners, agents,
officers, employees, including but not limited to Apalachicola Maritime
Museum, Inc..
1. Terms
Access to
non-public areas of the Service are provided in accordance with the following
terms (''Terms''). By using this Website, you electronically agree to be
legally bound by the Terms, which govern your use of this Website. If you do
not agree to all of these Terms, please immediately discontinue any further
use of this Website. Your failure to follow the Terms may result in
suspension or termination of your access to this Website.
We may change these Terms at
any time. The most current version will be available by clicking on a link at
the bottom of the first page on our Website. Continued access to this Website
by you will constitute your acceptance of any changes or revisions to the
Terms.
2. General
Usage Rules
You agree not to
disrupt, modify or interfere with the Website, or its associated software,
hardware, and/or servers in any way, and you agree not to impede or interfere
with others' use of the Website. You further agree not to alter or tamper
with any information or materials on or associated with the Website.
Other than connecting
to service provider's servers by http requests using a web browser, you may
not attempt to gain access to our service provider's servers by any means.
3. Intellectual
Property
You acknowledge
and agree that this Website and the information, content and software
presented to you through or by this Website or used in connection with this
Website contain proprietary and confidential information that is protected
under U.S. and international intellectual property laws, including those
pertaining to the protection of copyrights, trademarks, service marks, and
patents, and security components that protect digital information. Except as
expressly authorized by us, you agree not to sell, rewrite, modify,
redistribute, create derivative works, or rent any part of this Website or
any information presented to you through this Website, in whole or in part.
You may look at this
Website online, download individual articles to your personal or handheld
computer for later reading, and even print a copy of an article for yourself.
You may not remove any copyright notices from our materials. We reserve all
of our other rights not granted in these Terms. You agree not to access this
Website by any means other than through the interface that is provided by us
for use in accessing this Website.
4. License
We grant you a personal,
non-exclusive, non-transferable, limited and revocable license to use this
Website subject to the Terms. You may not use this Website in a manner that
exceeds the rights granted for your use of this Website, which includes
unauthorized copying or distribution of any of the content displayed or used
in this Website or creating an unauthorized derivative work.
5. Restrictions
Applicable to Use
In connection with
your use of this Website, you may not post, email, transmit or otherwise
distribute: (a) Information infringing on intellectual property or privacy
rights of others; Information that is unlawful, harmful, obscene, defamatory,
harassing, abusive, or slanderous in our sole opinion; (b) Information that
harm minors in any way; advertisements or other commercial messages; (c)
viruses or other harmful computer code designed to interrupt, destroy or
limit the use of any computer software or hardware, or (d) confidential
information belonging to any other person. In addition, you may not engage in
any conduct to: (a) collect information about others; (b) interfere with this
Website or the servers or other technology hardware used by this Website; (c)
inhibit others from using this Website, or (e) allow any other person or
entity to use your password or other identification; or (f) violate any law
or regulation.
6. Disclaimers of Warranties
WE PROVIDE THE WEBSITE ''AS IS'',
''WITH ALL FAULTS'' AND ''AS AVAILABLE.'' WE MAKE NO EXPRESS WARRANTIES OR
GUARANTEES ABOUT THE WEBSITE TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM
IMPLIED WARRANTIES THAT THIS WEBSITE OR THE GOODS AND SERVICES OFFERED IN
THIS WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR
CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE, WILL BE EFFECTIVE,
RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU
WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH
THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A
WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT
THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING FROM YOUR USE OF THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS
FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE
OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR
JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend,
indemnify, and hold us, our officers, directors, employees, agents,
licensors, and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal
and related fees and expenses, resulting from, or alleged to result from,
your violation of these Terms.
8. Notice and Take Down Procedures and Copyright Agent
If you believe any
materials accessible on or from this Website infringe your copyright,
trademark or other legal rights, you may request removal of those materials
(or access thereto) from the Website by contacting us at Admin@ApalachicolaMaritimeMuseum.org
9. Termination and Modification
You agree that we may
without prior notice, discontinue, temporarily or permanently, this Website
(or any part thereof) or eliminate your account, any associated email
address, and remove any information you uploaded or provided to this Website
with or without notice. Cause for termination shall include, but not be
limited to, (a) violations of these Terms or your Subscription Agreement, (b)
requests by law enforcement or other government agencies, (c) a request by
you (d) discontinuance or material modification to the Website, or (e)
unexpected technical or security issues or problems.
10. Entire Agreement
The Terms and the
policies, rules and guidelines posted on the Website constitute the entire
contract between you and us and supersede all previous written or oral
contracts. If any part of the Terms is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
11. Choice
of Law and Place for Resolving Disputes
The law of the State of
[Georgia/Florida] governs this contract and any claim or dispute that you may
have against us, without regard to its conflict of laws rules, and that the
United Nations Convention on Contracts for the International Sale of Goods
shall have no applicability. You further agree that any disputes or claims
that you may have against us will be exclusively resolved by a court located
in [Georgia/Florida]. You irrevocably consent to the venue and jurisdiction
of such courts.
BY AGREEING TO THIS
AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST
US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2)
IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE
AND FEDERAL COURTS IN THE STATE OF [GEORGIA/FLORIDA] OVER ANY DISPUTES OR
CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL
JURISDICTION OF COURTS LOCATED IN [GEORGIA/FLORIDA] FOR THE PURPOSE OF
RESOLVING ANY SUCH DISPUTES OR CLAIMS.
12. Assignments
We may assign this contract at any time without notice to you. You may not
assign this contract to anyone else.
13. Execution
of Agreement
Your continued use of the
Website constitutes your acceptance of these Terms as a legal contract and
the equivalent of an electronic signature. Natural persons executing this
contract warrant and represent that they are at least eighteen (18) years of
age. Users and the person executing this Agreement on behalf of any user that
is a proprietorship, corporation, partnership or other entity, represent that
such person is duly authorized by pall necessary and appropriate corporate or
other action to execute this contract on behalf of the user.
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