1. PREAMBLE
The Skydiving Museum (hereinafter the “Museum”) provides the website, and its associated Content (Content), https://skydivingmuseum.org/ and its subdomains (“Websites”) in support of the Museum’s mission to collect, preserve, study, exhibit, and stimulate appreciation for and advance knowledge of Skydiving. By accessing the Websites, users agree to be bound by the following terms and conditions, which the Museum may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions. If users do not agree to these terms and conditions, they should not enter the site or premises of the Museum. Users are also from time to time referred to as “you” in this agreement.
2. MINIMUM AGE OF USERS
Registration and participation on the Sites is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Sites, you hereby represent that you are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you are under 13 years of age, do not use the Sites. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms of Use.
3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the “Materials”) are proprietary to the Museum or its licensors. The Museum retains all rights, including copyright, in the Materials or in the compilation of the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites, including the marks of the Museum are registered and/or unregistered marks of The Skydiving Museum. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of the Museum or any third party that may own the Trademarks displayed on the Websites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
4. AUTHORIZED USES
The Materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL “https://skydivingmuseum.org/ but not in any way that implies endorsement of the user or the user’s use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the Museum’s or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Museum. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. You may not use the Content for commercial purposes. This means that you may not sell the Content or sell Materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services. If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from the Museum (or other owner of the Content as applicable). Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to the Museum or program that is associated with the Content you wish to use. If you are uncertain about what office to contact or are seeking permission to include the Content in a commercial product or other item of consumer merchandise, please contact the Museum Office of Rights Management at info@skydivingmuseum.org. If you are seeking to use the Content in a film or video product, or for general assistance with filming requests, please contact info@skydivingmuseum.org.
Images that the Museum believes to be in the public domain and are identified as such may be downloaded for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. In addition, authorized non-commercial uses for such images shall include scholarly publications in any media. Users must, however, cite the author and source of such images, and the citations should include the URL “https://skydivingmuseum.org/,” but not in any way that implies endorsement of the user or the user’s use of the images.
Users may not modify Materials on the Websites. All rights not expressly granted herein by the Museum are specifically and completely reserved.
5. DISCLAIMER OF ALL WARRANTIES
The Museum does not warrant that use of the Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by the creator or the creator’s heirs holding rights to these works. In many instances the caption may offer more information about the copyright status. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright. Please contact the Museum Rights Manager for permission.
6. USER RESPONSIBILITY & SECURITY
From time to time the Museum may invite people to share content. Please know that content will be reviewed by Museum staff and may be reproduced by the Museum in all media now known or hereinafter devised.
By creating accounts and passwords on the Websites, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage the Websites and their content.
By posting content, including but not limited to comments, photographs, and links to external sites, on the Websites, and by using the Museum website services such as messaging services, email, users agree to comply with all requirements and procedures for posting and messaging, and to avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party’s rights, including privacy, copyright, trademark, or patent. The Museum does not endorse any opinions or recommendations posted by users or third parties. The Museum requires users to obtain all necessary permissions, such as a copyrighted work by an artist or a copyrighted story or a news article or video produced by another person, before posting or distributing any content on the Websites.
It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate law. The Museum shall have the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever. Access and accounts of repeat infringers will, in appropriate circumstances, be terminated. The Museum does not warrant that the use of the Materials on the Site will not infringe the rights of any third party, and assumes no responsibility or liability arising from such content or Materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in information within such locations of the Websites.
Please note: the Museum may discontinue any portion of the Websites at any time. It will not remove comments upon a user’s request. By submitting comments, users acknowledge that they will be posted on the World Wide Web. Users grant the Museum the right to quote from comments in all media now known and hereinafter devised. By posting or distributing information or material on the Websites, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.
7. PURCHASING ON THE WEBSITES
The Museum has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.
Every attempt is made to provide accurate information about Museum Store products. The Museum does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction. Certain out-of-print books in the Museum collection are available to print on demand. Print on demand (POD) is a printing technology in which new copies of a book are printed one copy at a time from a digital file of the book’s contents. When an order is placed for a POD copy, the information is sent to a printer who prints the copy and ships it to the recipient. The POD copy is in color or black-and-white, as in the original publication, but the paper and inks are different, and the binding is paperbound. While the Museum seeks to ensure the quality of the POD printing by identifying a reputable printer, there will be some variation between the original book and the POD version. The POD option is offered through a third-party vendor as a service to users who may want a print version of an out-of-print publication. The Museum is not responsible for the POD’s print quality or purchase transaction.
The Museum makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user’s particular monitor; the Museum cannot guarantee that the colors displayed on an individual’s monitor will be correct.
8. PRIVACY
The Museum is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Websites is governed by the Museum’s Privacy Policy. Please note that the Websites are not specifically dedicated to children and the Museum does not actively solicit information from children. Children under the age of thirteen are required to obtain permission from an adult before submitting personally identifiable information or other content to the Websites.
9. LINKS TO THIRD PARTY SITES & DISCLAIMER OF WARRANTIES
The Museum has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. The Museum provides these links as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by the Museum.
Without limiting the foregoing, all Materials on the Websites are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Museum may update, change, or delete content at any time. The Museum makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Museum assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Museum may discontinue or take down the Websites or any section or Material within the Websites at any time.
10. LIMITATION OF LIABILITY
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 USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
The Museum is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact the Museum immediately to report any concerns of infringement by providing notice to the Museum’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512.
If such notice is provided by email please address it to:
if such notice is by mail, please address it to: Rights Mangager, International Skydiving Museum & Hall of Fame, 5401 Southpoint Centre Blvd, Fredericksburg, VA 22407.
12. INDEMNITY
The user agrees to indemnify, defend, and hold the Museum and its respective supervisors, trustees, officers, agents, and employees harmless from 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 Websites or any of its Materials.
13. WHOLE AGREEMENT
These Terms and Conditions incorporate by reference any notices on the Websites and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Websites. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Museum’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
14. TERMINATION
Your right to access and use the Site and/or Content immediately terminates without further notice upon your breach of this Agreement. The Museum may terminate this Agreement and/or your right to use the Site at any time, with or without cause. The Museum reserves the right to discontinue or make changes to the Site, Content and/or Services at any time without notice.
15. NOTICE
The Museum may deliver notice to you under this Agreement by means of electronic mail, a general notice on https://skydivingmuseum.org/, or by written communication delivered by first class U.S. mail to your address on record in the Museum’s account information. You may give notice to Museum at any time via electronic mail to the museum at any time via electronic mail:
if by mail, delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Rights Manager, International Skydiving Museum & Hall of Fame, Fredericksburg, VA, 22407.
16. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Virginia, without regard to principles of conflicts of laws. Any dispute between the Museum and other parties arising out of this Agreement shall be resolved first by direct communication with one or more of the Museum’s Representatives Should the Museum and other parties be unable to resolve the dispute by communication and both the other parties and the Museum jointly agree to do so, the Museum or the other party may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of the Museum’s headquarters and pursuant to Virginia law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. Should the dispute not be covered by the arbitration protocol, then any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Spotsylvania County, Virginia, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
