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website terms of use

Effective date: September 30, 2021

 

Please read these terms of use (these “Terms”) carefully before using the https://caytonmuseum.org/ website or the Cayton Children’s Museum (“the Cayton”) social media pages (collectively, the “Website”). These Terms govern the use of the Website and are between you and the Cayton (“we”, “our”, or “us”). These Terms set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms (including the Privacy Policy of the Website) and all applicable laws. These Terms apply to all visitors, users and others who access or use the Website.

 

By accessing or using the Website, you agree to be bound by these Terms, where and as permitted by law. If you disagree with any part of these Terms, please do not use or access the Website. The Cayton reserves the right to amend or modify these Terms at the sole discretion of the Cayton, or the Cayton may impose new conditions, at any time with or without notice. Any such changes or additions shall be effective immediately when we post them. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE WEBSITE AND THESE TERMS PERIODICALLY AND TO BE AWARE OF ANY CHANGES, REVISIONS, OR MODIFICATIONS TO THESE TERMS OR OUR PRIVACY POLICY. WE WILL TRY TO GIVE YOU NOTICE WHEN WE MAKE A MATERIAL CHANGE TO THE WEBSITE OR CONTENT THAT WOULD ADVERSELY AFFECT YOU, BUT THIS MAY NOT ALWAYS BE PRACTICAL, AND WE MAKE NO GUARANTEE THAT SUCH NOTICE WILL BE PROVIDED. Your continued use of the Website following the posting of changes to these Terms (including the Privacy Policy ) will mean you accept those changes. To the extent that there is inconsistency between these Terms and the Privacy Policy, these Terms shall govern.

 

Copyright and Trademark Information

 

All content and materials on the Website are protected by copyrights, trademarks and/or other intellectual property rights. The content and materials are owned by the Cayton, its parent or affiliates, or are used with permission of their owners or as otherwise authorized by law. Such content and materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, data, designs, logos, trademarks, trade dress and other materials (the “Content”) contained in the Website. The Content on the Website may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly performed, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms, without the express written permission of the Cayton.

 

Users may print or reproduce discrete portions of the Cayton Content published on the Website, for purposes of commentary or the user’s personal non-commercial use and enjoyment, so long as proper credit is given to the Cayton. If more than two sentences from the Website are reproduced, the credit line should include a copyright notice in the name of the Cayton. No user is authorized to change the Content or the meaning of the Content. If these conditions are observed, the Cayton will consider the reproduction to be “fair use.” Use or review of the Website does not give any user a license or right under any patent, copyright, trademark or other intellectual property or personal right of the Cayton or any third party. You may not, however, distribute, reproduce, republish, perform, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Website for public or commercial purposes on any other website or otherwise without the express written permission of the Cayton. Modification of any Content in any manner is a violation of the Cayton’s copyright and other proprietary rights.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any the Cayton trademarks or trademark displayed on the Website in any manner without the express written permission of its respective owner. Any use of the Cayton trademarks and/or trademarks displayed on the Website, or any other Content on the Website, except as provided in these Terms, is strictly prohibited.

 

Images of people or places displayed on the Website are either the property of, or used with permission by, the Cayton. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms or by express permission that is granted elsewhere on the Website. Any unauthorized use of the images is a breach of the Terms and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

The Cayton neither warrants nor represents that your use of Content displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with the Cayton. All rights not expressly granted herein are reserved to the Cayton, worldwide.

 

You may not decompose, modify, decompile, translate, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not use any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through an automatic process, information about other users (including, but not limited to, email addresses, medical information, or any form of other contact information, or any other information) without their express consent.

 

You also agree to observe the privacy of all other users and not to use the personal information of any other user for any commercial, promotional or other purpose.

 

Links

 

The following restrictions apply to all links to the Website from any online, cable, wireless, or other website, service or browser:

 

Online, cable, wireless or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand, or service (e.g., Internet service providers) ("Commercial Websites") may not link to the Website without the written permission of the Cayton, even if the page or area where the link originates does not promote a product, brand, or service.

 

Websites, services, or browsers other than Commercial Websites (e.g., chamber of commerce sites, search engine sites, widely available Internet browsers) (“Permissible Websites”) may link to the Website without the express written permission of the Cayton if such link is: (i) a “word” (as opposed to a “logo”) or link (e.g., “https://caytonmuseum.org/”, “The Official Website of The Cayton”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page or area containing such word link.

 

Neither the Cayton logo, nor any other logo of the Cayton, may be used as or to link to the Website without the express written permission of the Cayton.

 

No link to the Website may be “framed” by the Permissible Website where the link originated if such “frame” contains any sponsorship, advertising, or other commercial text or graphics.

 

All links to the Website from a Permissible Website must be to the Website’s home page. Links to internal pages within the Website (e.g., a player page, a photo gallery or a feature article) are not permitted.

 

The Cayton does not warrant the accuracy, completeness, timeliness or reliability of the Content on the Website or any other site, or available through links from the Website. The Cayton may provide links to third party websites. Links to other websites are provided as a convenience only. The Cayton does not endorse, is not responsible for and does not control these third party sites, their services or their software.

 

The posting or creation of any link to the Website signifies that you have read the above and agree to abide these Terms.

 

Postings or Comments

 

The Cayton may receive postings or comments from users. Any user or third-party submissions or postings are the views of the author or poster. They do not reflect the views of The Cayton. The Cayton reserves the right to monitor and edit any postings or material submitted to it, for any reason. The Cayton also reserves the right to remove or permanently delete any posting without user’s consent for any reason, including if the posting violates any law, advocates illegal or violent acts, is obscene or explicit or if the posting degrades others on the basis of age, race, gender, class ethnicity, national origin, religion, sexual preference or disability. The Cayton has the sole discretion to publish, edit or delete any material submitted to the Cayton. By submitting any postings, comments or other messages to the Cayton, the commenter gives the Cayton an irrevocable worldwide, free transferable, and perpetual license to the material and authorizes the Cayton to publish the material in any media now known or hereafter developed, and to use, adapt, recast, distribute, display, perform, or transmit it in any way, as the Cayton may determine in its sole discretion. By submitting your name, address, photo or other identifying data with a posting or other submission, you give the Cayton the right to publish that data, and to use that data for promotional or any other purpose. Please do not submit any confidential, proprietary, or copyrighted material without authorization of the owner. Submission of any material that is obscene, defamatory, or that infringes any trademark, copyright, privacy right, or other legal right is prohibited.

 

The Cayton does not represent, warrant, guaranty or endorse the opinions, accuracy, or reliability of the facts or other content contributed by any third party to the comments section on the Cayton’s Facebook, Instagram, YouTube, Twitter, Pinterest, Vimeo and LinkedIn pages or other forums. The Cayton does not undertake to review those messages and has no responsibility for their content. The Cayton reserves the right to review or edit such messages, and to restrict or deny access to the comments section or other part of the Website. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Cayton might appear to be similar to the content contributed by you. Accordingly, we will not incur any liability as a result of any similarities between your submissions and future the Cayton designs, products, programs or otherwise.

 

DISCLAIMERS AND LIMITATIONS OF LIABILITY

 

THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CAYTON EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. Without limitation to the foregoing, the Cayton provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. You specifically acknowledge that the Cayton is not liable for the defamatory, offensive, or illegal conduct of other users of the Website or third parties and that the risk of injury from the foregoing rests entirely with you. You use the Website at your sole risk.

 

To the maximum extent permitted by applicable law, in no event shall the Cayton BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST REVENUES, LOST PROFITS, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM THE USE OR MISUSE OF THE WEBSITE, OR THE INFORMATION, DOCUMENTS, failure of performance, errors, inaccuracies, omissions, defects, untimeliness, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, the use of or inability to use the Website, unauthenticity of any content in the Website, functionality, reliability, sequencing, computability of the Website with the hardware or software you use, speed of delivery of the Website or any part of the content, or otherwise in connection with any provision of these Terms, OR THIRD-PARTY SOFTWARE AND/OR HARDWARE USED HEREIN, EVEN IF The Cayton HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. The Cayton DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF INACCURACIES OR ERRORS, NOR DOES The Cayton WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. In no event shall the Cayton aggregate liability to you for any loss, damage, or claim, related to or arising out of the Website exceed the total amounts paid by you for accessing the Website, if any.

 

A user’s use of the Website, and any reliance on any material published or transmitted by the Website, is at the user’s own risk. You agree that you hereby release the Cayton and its affiliates, advertisers, supporters, and authors from any and all liability or obligations arising from the access or use of the Website, or any public forum or other area of the Website. A user’s sole remedy for any problem or concern is to exit the Website. You agree that you will indemnify and hold the Cayton harmless for any loss, damages or liability suffered by the Cayton as a result of your use of the Website, or your submission of any material to the Cayton or the Website.

 

Notice and Procedure For Making Claims of Copyright Infringement

 

Copyright Violations: If you believe that any material on the Website infringes your copyright, please notify us pursuant to the Digital Millennium Copyright Act ("DMCA"). To notify us, the DMCA requires that you:

 

  1. Send an email notice to the Cayton to: info@caytonmuseum.org

  2. Include the following information in your email:

    1. Identify of the copyrighted work(s) you claim is infringed;

    2. Identify the material you claim is infringing the copyright(s), and give enough information for the Cayton to locate that material;

    3. Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant");

    4. Include the Claimant's name, address, and telephone number(s);

    5. Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent; and

    6. Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is the copyright owner or is authorized to act on behalf of the copyright owner.

 

Termination of Service

 

We may, in our sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any feature, database, or Content on the Website. We may also terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, in our sole discretion and without prejudice to any legal or equitable remedies available to us, including without limitation if you breach these.

 

Upon termination, your right to use the Website will cease immediately and you must immediately discontinue your use of the Website and destroy all materials obtained from it.

 

Governing Law

 

The laws of California, excluding its conflicts of law rules, shall govern these Terms and your use of the Website. Any disputes relating to these Terms or anything contained on the Website will be governed by the laws of California, without regard to its principles of conflicts of laws. Subject to the arbitration provision below, any claim relating to these Terms or the Website shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within Los Angeles County, California, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Cayton will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach or violation of any term of these Terms.

 

Arbitration

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE CAYTON AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any and all disputes, claims or controversies (together, “Claims”) arising out of or relating to these Terms shall be settled by binding arbitration in accordance with American Arbitration Association (“AAA”) governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and the Cayton waive all rights to a trial by jury in any action or proceeding involving any Claim. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this agreement to arbitrate and shall survive termination of your relationship with the Cayton.

 

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to any claim that all or any part of this agreement to arbitrate is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitrator will decide the rights and liabilities, if any, of you and the Cayton. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:

 

  • The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and

  • Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Cayton agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

 

The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and the Cayton.

 

YOU AND THE CAYTON AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THESE TERMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Cayton is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the “Governing Law” Section. This provision does not prevent you or the Cayton from participating in a class-wide settlement of claims.

 

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide the Cayton with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under the “Notice” Section.

 

Notwithstanding any provision in these Terms to the contrary, we agree that if the Cayton makes any future material change to this agreement to arbitrate, it will not apply to any individual claim(s) that you had already provided notice of to the Cayton.

 

Notice

 

The Cayton may give notice to users of the Website by means of a general notice on the Website, electronic mail to a user’s email address if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to the Cayton (such notice shall be deemed given when received) by any of the following means:

 

Electronic mail: info@caytonmuseum.org

 

Letter delivered by first class postage prepaid mail or courier to the Cayton at the following address:

 

Cayton Children’s Museum

395 Santa Monica Place, Suite 374,

Santa Monica, CA, 90401

United States

 

Indemnification

 

You hereby agree to indemnify and hold the Cayton and each of its respective members, operators, directors, officers, employees, shareholders, agents, affiliates, and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Website; (ii) any content submitted by you ; (iii) any breach or alleged breach of these Terms; (iv) your violation of any applicable law, statute, ordinance, regulation, or of any third party’s rights; and (v) claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions in these Terms. The Cayton may, in its sole and absolute discretion, control the disposition of any claim (and the selection of counsel) at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without the consent of the Cayton.

 

Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

Miscellaneous

 

These Terms, together with the Privacy Policy and Cayton visitor agreements, constitute the entire agreement between you and the Cayton and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Cayton. The section headings in these Terms are for convenience only and must not be given any legal import.

 

We may assign these Terms in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise), without the Cayton’s prior written consent. In the event that the Cayton is acquired by or merges with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitably principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

 

Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as specified in these Terms, the Cayton’s support staff or other employees do not have the authority to amend any of this Terms or to bind the Cayton to any legal or other obligation not already set forth in this Terms.

 

Force Majeure

 

The Cayton will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to the Cayton to perform, fire, terrorism, natural disaster, pandemic, or war.

 

Changes to These Terms

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.

 

Acceptance of These Terms

 

By using the Website, you affirm that you are either 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and Privacy Policy in their entirety. If you do not agree with these Terms included herein, you must not use the Website. In any case, you affirm that you are at least 13 years of age, as the Website is not intended for children under 13.

 

Contact Us

 

If you have any questions about these Terms, you can contact us by email: info@caytonmuseum.org.