The MIT Museum (the “Museum”) is an administrative department of the Massachusetts Institute of Technology (“MIT”), which operates the MIT Museum Online Store (the “Online Store”). (Whenever the terms “we,” “us,” “our,” or other similar terms are used herein, such terms refer collectively to MIT, the Museum, and the Online Store.) The Online Store offers carefully selected merchandise that is chosen for content that is high-quality and accurate, and presentation that is original and clever.
ACCEPTANCE OF TERMS
- You accept and agree to be bound by the TOU in their entirety; and
- You affirm that you are either 18 years of age or older or, if you are younger than 18, that you possess legal parental or guardian consent to accept these TOU.
If you cannot or do not accept these TOU, please exit the Site immediately and do not access any of the Site’s features.
You must be (a) 18 years or over or (b) 13 years or over and have obtained legal parental or guardian consent to access this Site. If we discover or have any reason to suspect that you have not met either of these conditions, we reserve the right to prohibit you from visiting the Site, including by suspending or terminating your registration to the Site, if applicable, immediately and without notice.
We reserve the right to change these TOU or to modify the Site features at any time (including the availability of items for purchase through the Online Store) without advance notice. The current version of the TOU will be available at this page of the Site, and by accessing the Site after modifications to the TOU have been posted, you agree to be bound by all the modifications.
USE OF SITE CONTENT
For the purposes of these TOU, the term “Site Content” shall include all content posted to the Site by us, as well as any Third-Party Content and User-Generated Content (as defined below). Site Content includes content that may be protected by copyright and/or trademark laws, or otherwise may be subject to restrictions on its use. All rights are reserved by the respective owners of such Site Content.
Except to the extent necessary to purchase items from the Online Store, you agree to engage in only noncommercial uses of Site Content. In addition, without first obtaining our permission, you may not otherwise reproduce, retransmit, distribute, display, publish, commercially exploit, or otherwise make available any Site Content. You shall not modify, adapt, sub-license, translate, sell, reverse-engineer, decompile, or disassemble any portion of the Site. Your use of Site Content shall be limited to uses reasonably necessary or incidental to experiencing the features of the Site, including searching for and purchasing items from the Online Store or otherwise obtaining information about the Museum or MIT. The use restrictions in this paragraph do not apply to User-Generated Content that you personally submitted to the Site for publication, nor do they prohibit uses of Site Content that would be allowed under the fair use provisions of applicable copyright law.
To the extent items that you purchase at the Museum, including through the Online Store, incorporate content that is protected by copyright, trademark, patent, or other restrictions on its use, the purchase and sale of the item shall not be deemed to transfer or license any rights in the underlying copyright, trademark, or patent, or to authorize any use of the content separate and apart from use of the item for its intended purpose.
External links to other websites may be included on the Site for the convenience of users. MIT does not control these sites, does not make any representations or warranties concerning them, and expressly disclaims any liability associated with your visiting them. Your access to these third-party sites is subject to any terms and conditions contained thereon and is undertaken at your own risk.
USE OF THIRD-PARTY CONTENT
To the extent the Site incorporates the material of third parties that is protected by copyright, trademark, patent, or otherwise may be subject to restrictions on its use (“Third-Party Content”), you shall make only such uses of said Third-Party Content (including User-Generated Content) as are consistent with applicable law or for which you have been given express permission. MIT does not represent or warrant that any use of Third-Party Content will not infringe the rights of the content owners.
If you believe that any content on the Site infringes your copyrights, please click here to contact MIT’s Digital Millenium Copyright Act agent. If you believe any content on the Site infringes any of your other rights, please contact us here.
The Site includes features that allow you, after providing us with certain information, to post reviews of items that are available for purchase through the Online Store. The Site may incorporate additional features in the future that allow users to post other information to the Site. Information or content that you provide to us when using these features is referred to as “User-Generated Content.” When posting User-Generated Content to the Site, you shall not:
- Make comments that are threatening, defamatory, knowingly false, or unlawful; use foul language, engage in hate speech, post pornographic, graphic, or otherwise inappropriate materials, or make statements that discriminate based on the personal characteristics of others; or engage in personal attacks;
- Impersonate any person or entity or create a false identity on the Site;
- Harass, threaten, stalk, embarrass, or cause distress, unwanted attention, or discomfort to any user of the Site;
- Disseminate or transmit “spam,” unsolicited messages, chain letters, advertisements, solicitations, or other unsolicited commercial communications, including without limitation communications describing investment opportunities;
- Post material that infringes a copyright, trademark, patent right, trade secret, or other legal right of any person, corporation, or entity, including MIT;
- Collect, print, reproduce, distribute, or otherwise make available or use any personally-identifiable information about other users;
- Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, spyware, or other items of a destructive nature or any other malicious code or program; or
- Carry out any action with the intent or effect of disrupting other users’ experience on the Site.
By submitting User-Generated Content for publication on the Site, you grant MIT an irrevocable, worldwide, transferable, royalty-free, sublicensable, and non-exclusive license to reproduce, publicly perform, publicly display, modify, create derivative works of, and distribute said content.
You are solely responsible for User-Generated Content that you submit. For purposes of section 230 of the Communications Decency Act, we shall not be deemed to be the publisher or speaker of any information included in any User-Generated Content provided by you. By submitting User-Generated Content, you warrant and represent that you own or otherwise control all of the rights to your content, including without limitation all the rights necessary for you to provide, post, upload, input, or submit the content, and for us to post, upload, cross-post, or cross-upload the content.
You may request that we edit or remove User-Generated Content you have posted on the Site, but we do not promise to edit or remove such content within a particular time frame or at all. Our responses to such requests remain within our sole discretion. When we delete content from the Site, such deleted content, while not available to the viewing public and other Site users, may remain on our servers and may continue to be available to us.
You acknowledge and accept that User-Generated Content that you post to the Site may be made available for the public to access, view, and use, subject to the limited license set forth above.
We reserve the right, but do not promise, to monitor User-Generated Content on the Site, and reserve the right to modify, edit, or remove any of said content at our sole discretion, without notice, and for any reason. We also reserve the right, but do not promise, to prescreen User-Generated Content and to decide, in our sole discretion, without notice, and for any reason, not to publish it. We do not assume, and expressly disclaim, any responsibility for monitoring, modifying, removing, or declining to publish User-Generated Content on the Site.
You acknowledge and accept that the views and opinions expressed by other users on the Site are theirs alone and should not be ascribed to us. User-Generated Content and Third-Party Content are the sole responsibility of the users and third parties, their accuracy, completeness, and lawfulness are not endorsed or guaranteed by us, and we expressly disclaim any and all responsibility for the actions and conduct of users or third-parties.
PROHIBITED USES OF THE SITE
Your use of the Site is limited to uses reasonably necessary or incidental to experiencing the features of the Site, including searching for and purchasing items from the Online Store or otherwise obtaining information about the Museum or MIT. You may not access or use the Site in any manner that could damage or overburden any of our servers, or any network connected to any of our servers. You may not use the Site in any manner that would interfere with any other party’s use of the Site.
USE OF NAMES
Except as expressly set forth in these TOU, you may not use MIT’s or the Museum’s names, trademarks, logos, or insignias, or any version, abbreviation, or representation of them, for any reasons, including without limitation in any advertising, publicity, promotional materials, or other public announcement, without the prior written consent of MIT’s Technology Licensing Office.
REGISTRATION, PERSONAL INFORMATION, Privacy, and Termination of Access
Disclaimer of Warranty/Limitation of Liability
We provide this Site on an “as is” basis, and your use of the Site is at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, in connection with the Site and your use thereof, including without limitation with respect to any items that you purchase through the Online Store, which will be subject to separate shipping and return policies, found here (shipping) and here (returns). We will make reasonable efforts to provide accurate information on the Site, but we make no warranties or representations about the accuracy or completeness of Site Content (including User-Generated Content and Third-Party Content), or the content of any websites that can be linked from this Site, and we assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies in Site Content (including without limitation descriptions or prices of items available for purchase through the Online Store); (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and/or your use of items purchased through the Online Store; (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Site; (5) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party; and/or (6) any errors or omissions in any Site Content or any loss or damage of any kind incurred as a result of the use of any Site Content posted, emailed, transmitted, or otherwise made available via the Site. You assume all risk as to the quality, function, and performance of the Site, and to all transactions you undertake on the Site, including without limitation submission of any User-Generated Content.
You agree that we will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these TOU, or your (or any third party’s) use of or inability to use the Site, or your placement of User-Generated Content on the Site, or your reliance upon information obtained from or through the Site, your communications with other users of the Site, or your use of any items purchased through the Online Store. In particular, to the fullest extent permitted by law, we will have no liability for any consequential, indirect, punitive, special, or incidental damages, whether foreseeable or unforeseeable (including without limitation claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these TOU, your use of or inability to use the Site, your placement of content on the Site, your reliance upon information obtained from or through the Site, your communications with other users of the Site, or your use of any items purchased through the Online Store, whether based in contract, tort, statutory, or other law.
You hereby agree to indemnify, defend, and hold harmless MIT and the Museum, and each of their respective affiliates, agents, employees, representatives, corporation members, members of their governing boards, attorneys, and insurers (collectively, the “Indemnified Parties”) from and against any and all liabilities and costs, including without limitation reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you (or anyone acting on your behalf) of these TOU or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
CHOICE OF LAW AND VENUE
These TOU, and all other matters relating to your use of the Site (including without limitation your purchase of items through the Online Store), shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law. Any case, controversy, dispute, action, lawsuit, or proceeding arising out of these TOU, your use of the Site, and/or any items you purchase through the Online Store shall be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts. You agree not to contest, and hereby waive any objection to, personal jurisdiction in these courts.
CONTACTING THIS SITE
If you have any questions about MIT, the Museum, the Online Store, the Site, or these TOU, you can contact us at:
MIT Museum Store
265 Massachusetts Ave., Bldg. N51
Cambridge, MA 02139
EFFECTIVE DATE OF TOU
The effective date of these TOU is June 9, 2014.