TERMS OF USE AGREEMENT

Miami International Voodoo Museum – MVIM has created maintains www.miaminternationalvoodoomuseum.org all corresponding subdomains, web pages, and websites associated with the foregoing URLs, any mobile, web, console, desktop, and other applications provided by or on behalf of the MIVM and any other content, applications, systems, features, functionality, software, information, products, and services offered by MIVM (collectively, the “Site”) in support of its Mission. Access to and use of the Site is subject to these Terms of Use, including any policies or notices referred to in these Terms of Use, which are hereby incorporated by reference, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and all other policies and notices (and any amendments) and acknowledge full and complete acceptance of all of these Terms. If you do not accept these Terms, please do not use the Site. These Terms apply whether you are accessing the Site via a personal computer, a wireless or mobile device, or through any other technology or device.

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.

Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be required to provide certain personal or personalized information to us (“Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in MIVM’s Privacy Policy and Cookies Policy. We encourage you to read the Privacy Policy and the Cookies Policy and to use them to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of your Personal Information.

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.

Compliance. You are solely responsible for your conduct in connection with the Site. By using the Site, you represent, warrant, and agree that: (i) your use of the Site does not violate these Terms of Use, or any applicable law, rule, or regulation; (ii) you will not post, transmit, or link to any material that is unlawful, abusive, threatening, libelous, defamatory, deceptive, fraudulent, harassing, obscene, scandalous, inflammatory, profane, or pornographic, or which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, contains a software virus, worm, spyware, Trojan horse, or other computer code, file, or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) you will not 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 M   IVM or the owner of the Content if MIVM is not the owner; (iv) you will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on MIVM, the Site, our goodwill, name, or reputation; (v) you will not use the Site for any commercial or business purpose; (vi) you will not modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Site or the rights or use or enjoyment of the Site by any other user, solicit passwords or other Personal Information from other users, or engage in spamming, flooding, harvesting of email addresses or other Personal Information, “spidering”, “screen scraping”, “phishing”, “database scraping” or use any other automated means to access, copy, index, process, and/or store any Content made available on or through the Site; (vii) you will not modify, reverse engineer, decompile, or disassemble any part of the Site or create any derivative works from any part of the Site, or encourage, assist, or authorize any other person or entity to do so; and (viii) you will not use the Site in any manner which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. MIVM will fully cooperate with any law enforcement authorities or court order requesting or directing MIVM to disclose the identity of anyone posting any such information or materials, and reserves the right to investigate and take appropriate legal action against anyone who, in MIVM’s sole discretion, violates, or is suspected of violating, these Terms of Use.

Applicable Law and Jurisdiction. The Site (excluding links to web sites operated by others) is controlled and operated by MIVM from its offices in Los Angeles, California and is not intended to subject MIVMto the laws or jurisdiction of any state, country or territory other than the United States. Although MIVM has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its online presence. As each of these states and countries have laws which may differ from those of California and from each other, and as you and MIVM both benefit from establishing a predictable legal environment in which to publish, access, and use the Site, by publishing, accessing, and/or using the Site you expressly agree that all matters arising from or relating to the use and operation of the Site or these Terms of Use will be governed by the internal laws of the State of California, without regard to its conflict of laws principles which may lead to the application of the law of another jurisdiction. You also agree that all claims you may have arising from or relating to the operation or use of the Site or these Terms of Use will be heard and resolved in the courts of Los Angeles, California. You also expressly consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Los Angeles, California, you will be solely responsible for compliance with all local laws of such other locations.

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.

Waiver. Any waiver of any provision of these Terms of Use must be in writing and signed by a duly authorized officer of MIVM.

Amendment. The Foundation may at any time revise these Terms of Use and other notices contained herein by updating this or other postings. You are bound by such revisions and should periodically visit this page to review the then-current Terms of Use and other policies and notices.

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.

PRIVACY POLICY

Thank you for visiting MIVM’s Site and reviewing the Foundation’s Privacy Policy. The information on the Site is presented purely for educational and informational purposes. The Foundation does not collect Personal Information unless you choose to provide that information to the Foundation. This Privacy Policy and the Foundation’s Cookies Policy explains what data the Foundation collects and how it is used. Your use of the Site or provision of Personal Information to the Foundation as described below constitutes your full and complete acceptance, without limitation or qualification, of the terms of this Privacy Policy, the Cookies Policy, and all other Terms of Use. If you do not agree with this Privacy Policy or other Terms of Use, please do not use the Site.

Privacy. The Foundation is committed to safeguarding the privacy and security of our visitors, users, members, donors, and friends. The Foundation collects information throughout the Site for several different purposes, which are explained below. This Privacy Policy applies only to the Site. In particular, this Privacy Policy and other Terms of Use do not refer to third-party websites of other providers which are linked to from the Site or vice versa. Users of the Site should be aware that the Foundation contracts with third party vendors which have their own privacy policies and information collection practices.

 

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.

Security. While the Foundation has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, and pursuant to the Foundation’s Terms of Use, the Foundation is not responsible for the security of any information transmitted via the Internet. You assume the sole and complete risk for using this Site.

Capitalized terms such as “Foundation” and are defined in the Foundation’s Terms of Use, which are hereby incorporated by reference.

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COOKIES POLICY

Thank you for visiting the Foundation’s Site and reviewing the Foundation’s Cookies Policy. Your use of the Site or provision of Personal Information to the Foundation as described below and in the Foundation’s Privacy Policy constitutes your full and complete acceptance, without limitation or qualification, of the terms of this Cookies Policy and all other Terms of Use. If you do not agree with this Cookies Policy or other Terms of Use, please do not use the Site.

We use cookies and other tracking technologies to improve your browsing experience on our website, to show you personalized content and targeted ads, to analyze our website traffic, and to understand where our visitors are coming from. We also share information about your use of the Site with our advertising and analytics partners who may combine it with other information you have provided to them or that they have collected from your use of their services. You can learn more about how the Foundation uses information and cookies in its Privacy Policy and Cookies Policy. By browsing our website, you consent to our use of cookies and other tracking technologies.

Privacy. The Foundation is committed to safeguarding the privacy and security of our visitors, users, members, donors, and friends. The Foundation collects information throughout the Site for several different purposes, which are explained below and in the Foundation’s Privacy Policy. Users of the Site should be aware that the Foundation contracts with third party vendors that have their own privacy policies and information collection practices. Users of the Site should also be aware that the Foundation may store information in the form of a cookie on the computer or mobile device you are using. Accepting such cookies is not a prerequisite for visiting our website or using our loading service. However, some functions are only possible if you allow us to set cookies.

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.

Security: Cookies help impose security measures on a website. They also help detect unusual and suspicious activities.

Advertising: Cookies deliver a better advertising experience for both users and advertisers. Cookies help connect advertisers to users who are most interested in their products based on the user’s browsing history.

Performance: Cookies help websites learn how services work for different people and how to route traffic between servers.

Analytics and Research: Websites and apps use cookies to learn which of their services are most used. This helps determine what to improve, what to remove and what to leave the same.

To learn more about cookies, you may visit https://www.allaboutcookies.org/.

Disabling Cookies. In order to prevent the use of cookies, you may set your browser to not accept cookies. Note, however, that if you set your browser to prevent the use of cookies, this may result in restricted functionality of the Site. The following links explain how to access cookie settings in various browsers:

Cookie settings in Firefox

Cookie settings in Internet Explorer

Cookie settings in Google Chrome

Cookie settings in Safari (OS X)

Cookie settings in Safari (iOS)

Cookie settings in Android

Sharing with Third-Party Partners. From time to time, the Foundation retains qualified third-party service providers to help manage the Site and allow the Foundation to better serve our visitors, customers, and others who contact us. We use third-party service providers to process payment transactions. We also engage third-party vendors to analyze the information collected for marketing or similar purposes. The Foundation’s third-party service providers may use cookies and other online tracking technologies to collect information on behalf of the Foundation. If you would like to opt out of this use of your information, you can change the preferences of your browser so that it does not accept cookies by following the links set forth above in the “Disabling Cookies” section of this Cookies Policy and/or follow the instructions at https://tools.google.com/dlpage/gaoptout to opt out of Google Analytics.

Capitalized terms such as “Foundation” and are defined in the Foundation’s Terms of Use, which are hereby incorporated by reference.

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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.

As set forth more fully in MIVM’s Terms of Use, Site content, even if owned by the Foundation, may be protected by copyright, other proprietary rights, or be subject to other restrictions by the Foundation or third parties. The Foundation retains all rights it may hold, including copyright, in the Site and the Content. The Foundation expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as set forth in copyright laws.

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.

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