TERMS OF USE
Welcome to the Museumlaw.wordpress.com (the “ML”). The goal of ML is to provide educational resources for individuals and organizations in involved in the world of Museums, including research and advocacy, governance, accession/deaccession. Donor relations, intellectual property, charitable giving, web-site integration, taxes, licensing and other legal issues related to Museums (the “Services”).
Acceptance of Terms and Conditions
Please read these terms and conditions carefully. By accessing, browsing and/or using this Internet Site, http://www.museumlaw.wordpress.com and all Content available therein (the “Site”), you hereby agree to be bound by this Agreement and its terms and conditions.
This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use this Site. The Content of this Site contains information in the form of text, data and other materials created by and relating to museumlaw.wordpress.com in addition to various third party content (collectively the “Content”).
The terms of this Agreement may have changed since your last visit to the Site. We reserve the right to amend the terms of this Agreement at any time. ML recommends that you review this Agreement each time you access the Site to determine if any changes have been made.
If you do not accept the terms and conditions of this Agreement, do not use this Site.
ML is provided for informational purposes only. Use of ML does not provide or replace individualized legal advice. This website may include information which is out of date, jurisdiction specific, or applicable only based on a specific set of facts. Use of the Services does not create an attorney-client relationship between the user and ML. ML makes no guarantee or warranty as to the accuracy of the Content. If you are in need of legal advice, seek individual attorney advice and DO NOT rely on the ML. ML IS NOT YOUR LAWYER.
Disclaimer of Warranties
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT THAT APPLICABLE LAW MAY N OT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NEITHER ML, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS (COLLECTIVELY “ML PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE.
NONE OF THE ML PARTIES WARRANT OR GUARANTEE THAT THIS SITE WILL BE FREE OF INTERRUPTION OR MALFUNCTION DUE TO COMPUTER EQUIPMENT FAILURE OR OTHER REASONS, BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT AND DEVICES.
ANY OF THE CONTENT USED OR DOWNLOADED BY YOU FROM THE SITE IS SOLELY AT YOUR OWN RISK AND ANY DAMAGE THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT FROM THE SITE SHALL BE SOLELY YOUR RESPONSIBILITY AND ANY LOSS OF DATA OR EQUIPMENT THAT RESULTS.
Limitation of Liability
IN NO EVENT WILL ANY OF THE ML PARTIES BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR RELIANCE UPON THE CONTENT OF THIS SITE, FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, SYSTEM LINE FAILURE OR SYSTEM FAILURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS OR ANY OTHER DAMAGES.
Access to Site
ML may alter, suspend, or discontinue this Site for any reason without notice or cause.
Advertising Disclaimer
The Content of this Site may be construed as advertising under the laws of the Supreme Judicial Court of Massachusetts and other various state ethics rules.
Copyright
You hereby acknowledge that the Content of this Site is protected by copyrights and other proprietary rights. All Content is and shall remain the property of ML and/or its licensors. No modification, transmition, sale, transfer, copy or derivative work creation, or any other use of the property that is or may be a violation of the copyrights of ML in the Content of this Site may be made by you.
All Content is hereby copyrighted by Peter J. Caruso II.
Copyright © 2008 Peter J. Caruso II. All rights reserved.
Trademark
The Site may contain trademarks and servicemarks of ML. ML or our licensors may have additional trademark rights in other marks contained in the Content.
Nothing contained in the Site grants any express or implied right to use any of the ML trademarks or the trademarks of third party licensors without the prior written consent of ML or any of their licensors. Any and all goodwill generated by the trademarks will inure to the benefit of ML.
Linking and Framing
ML prohibits the use of any links to the Site from any other location, unless approval to link is granted by ML in writing, and ML prohibits the framing of any elements of the Site without the prior written permission of ML.
Hyperlinks
We may post hyperlinks to the Web sites of third-party web sites (“Third Party Sites”). We cannot control the actions of such third parties or be held responsible for their use of any information that you provide directly to them. We advise you to take the time to educate yourself about the privacy policy and terms of use of any Web site that you visit.
ML does not control or endorse Third Party Sites, and as such disclaims any responsibility for the content of any Third Party Site.
Copyright Complaints
If you believe that this Site contains any Content that infringes your copyright, please contact our designated agent for claims of copyright infringement. You should include the following information in your correspondence:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, agent or law;
- A statement by you, made under the pains and penalties of perjury that the above information in your notice is accurate and that you are duly authorized to act on behalf of the copyright owner or duly authorized to act on the copyright owner’s behalf.
ML’s designated agent is: Peter J. Caruso II – pcarusoii@gmail.com.
IRS Circular 230
Any Content associated with United States tax matters contained in the Site Content is not intended or authorized to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to a third party any transaction or other matter. The foregoing language is intended to satisfy the requirements under the regulations in Section 10.35 of Circular 230.
Children’s Online Privacy
Consistent with the Children’s Online Privacy Protection Act (“COPPA”), this Site is not intended for use by anyone under the age of 13. ML does not knowingly collect personal information from children through this Site, or any of its Web sites. Minors between the ages of 13 and 17 must obtain the permission of their parents or legal guardians before making purchases of any type on this Site.
