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 MIVM 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 MIVM. 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 MIVM, 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 MIVM fully supports the protection of intellectual property and is committed to complying with and strictly adhering to all applicable copyright law. The MIVM 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. MIVM 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 MIVM’s Policy.
Trademarks. The trademarks, online logomarks, and service marks (“the Trademarks”) displayed on the Site, including MIVM, are registered and/or unregistered Trademarks of the MIVM. 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 MIVM or any third party owner. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
Restrictions. MIVM 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 MIVM 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 MIVM or the owner of the Content if MIVM 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. MIVM requires users to respect its copyrights, trademarks, and other intellectual property rights and MIVM likewise respects the intellectual property of others. If you believe that the Site contains elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in MIVM’s Digital Millennium Copyright Act (DMCA) Notice Policy.
DISCLAIMER AND LIMITATION OF LIABILITY. While MIVM uses reasonable efforts to include accurate and up-to-date information on the Site, MIVM 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. MIVM 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 MIVM 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 MIVM. As set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, MIVM 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 MIVM 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 MIVM. Permission for such use is granted on a case-by-case basis. MIVM 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.
Content Provided by Users. Although MIVM 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.
Indemnity. You agree to indemnify, defend, and hold MIVM 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.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE POLICY
For purposes of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) the Foundation has designated an agent (the “Designated Agent”) for notification of claimed infringement with the United States Copyright Office in accordance with the terms of the DMCA, and reserves the right to avail itself of the protections under the DMCA. The Foundation also reserves the right to remove any content from the Site, including any content alleged to infringe any third-party copyright.
If you are a copyright owner or an agent thereof and believe in good faith that any Content on the Site infringes upon your copyrights, you may submit a notification to our Designated Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Foundation to locate the material;
Information reasonably sufficient to permit the Foundation to contact you, such as an address, telephone number, and, if applicable, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or pursuant to applicable law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information Collected. If you sign up for a mailing list, create an account, choose to become a member, or make a donation, you may be asked to provide your name, email address, phone number, and how you heard of the Foundation. If you post information on a public space on the Site, we may also collect that information. The Foundation may also collect usage information, for example, browser information, location information, what website led you to the Site, and what website you visit upon leaving the Site. To learn more about the Foundation’s information collection practices, please read the Foundation’s Cookies Policy.
Support the Foundation. The Foundation provides users with the opportunity to purchase memberships online, and to make contributions and donations to our organization. The user will then be provided a link to a website powered by a third-party service provider in order to process payment transactions. To learn more about the Foundation’s use of third-party service providers, please read the Foundation’s Cookies Policy.
Cookies. Cookies are small files that are stored on your device and that store certain settings and data. Cookies generally are used to perform one or all of the following:
Authentication: Cookies help websites determine if a user is logged in, and then deliver the right experience and features to that unique user.
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To learn more about cookies, you may visit https://www.allaboutcookies.org/.
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USE OF COPYRIGHTED MATERIALS AND WORKS OF ART POLICY
The Foundation (1) does not hold the copyright to many of the works displayed in the collection at The Princess Diana 3D Virtual Museum and/or MIVM websites (collectively named “Site” and/or “website”), and respects the intellectual property rights held by artists, their estates, and other rights holders. Every effort has been made to accurately determine the rights status of works and their images. For copyrighted works with a known rights holder, a copyright notice is displayed under any available images and as part of the record for the work. Sometimes the rights holder for a work cannot be identified or located despite a good-faith diligent search conducted by the MIVM and for some works, copyright research is still incomplete.
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. You may use this Site for noncommercial educational and personal use and for “fair use” as authorized under law, provided that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials.
THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT THE MIVM RIGHTS IN COPYRIGHTED WORKS, NOR WITH RESPECT TO YOUR RIGHT TO USE ANY MATERIALS, INCLUDING WORKS OF ART, ON THE SITE. It is your sole responsibility to (a) determine if it is necessary or prudent to obtain any third party rights or permissions for your use and/or if the fair use doctrine or other legal defense is applicable to your use, and (b) identify and obtain whatever copyright or other permissions may be required (if any) from an artist, agent, estate, or any other third party rights holder or representative. You agree to fully indemnify and hold harmless the Foundation against any and all claims, demands, liabilities, damages, and/or expenses of any nature, including, without limitation, reasonable attorney fees, arising out of or related to your use of the Site or any Content.