tERMS & cONDITIONS
Terms & Conditions
All materials contained on this Site (the “Content”) are Copyright © 2003-2014 MoAD, or are licensed or otherwise published by MoAD with the permission of the owner of the material. All rights in such materials are reserved to the respective owners. The materials posted on this site may be retrieved or downloaded solely for not-for-profit personal use or use in museums (“Authorized Uses”), provided that such Authorized Uses do not include posting, publication, transmission, or dissemination of such materials in digital or electronic form by means of the World Wide Web, email, online services, or any other medium, or the making of more than thirty (30) printed copies, without prior express permission by MoAD. No materials contained on this Site may otherwise be copied, modified, published, broadcast, or otherwise distributed without the prior written permission of MoAD. Any reproduction permitted under this Agreement must contain notice of the MoAD copyright as follows: “Copyright © Museum of the African Diaspora, [year of copyright]. All rights reserved.”
All trademarks used on this site are the property of MoAD or are used with permission.
Limitation of liability and disclaimer
While MoAD has made every effort to maintain accurate information on this Site, the information contained herein may contain errors or omissions. MoAD makes no warranties or representations of any kind concerning the accuracy, reliability, suitability, or safety of the information contained on this Site for any purpose, or of the products connected therewith. MoAD does not warrant or represent that the Site and the servers that make the Site available will be uninterrupted or error-free, and makes no representations whatsoever about your ability to access this site. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE, AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. IN NO EVENT SHALL MoAD, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to other web sites do not imply an endorsement of the materials disseminated at those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this Site. Links to other web sites are provided by MoAD as a convenience to its users. MoAD is not responsible for the materials contained at any web site linked to this Site.
Portions of this Site may allow users to post their own material. MoAD reserves the right, in its sole discretion, to review, edit, or delete any material posted by users, but undertakes no responsibility to do so. Notwithstanding the foregoing, MoAD expressly disclaims any responsibility or liability for any information or material communicated by third parties through this Site. The materials posted by users do not necessarily reflect the views of MoAD.
By posting materials to this Site, you represent that you have all necessary rights in and to such materials, that such materials will not infringe on any personal or proprietary rights of any third parties, and that such materials will not be harmful, defamatory, unlawful, or otherwise objectionable.By posting materials on this Site, you authorize MoAD to use and authorize others to use any such materials in any manner or medium.
Jurisdiction, Venue, and Alternative Dispute Resolution
This Site and the servers that make this Site available are located in the United States. Any controversy or claim relating to this Site, the Content, or this Agreement not otherwise resolved between you and MoAD will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco, CA, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Site, the Content, or this Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by MoAD relating to your access to, or use of, this Site or any Content in accordance with this paragraph will be instituted in San Francisco. or federal court in San Francisco, CA. Accordingly, you consent to the personal jurisdiction of the courts in San Francisco, CA. with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the San Francisco, CA, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by MoAD to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Site, any Content, MoAD’s operations, and/or its products or services caused by your act or failure to act.
Revisions to this agreement
MoAD may make changes to the information on this Site, or to the products or services described herein, or to this Agreement, at any time, without notice.