Terms of Use

 

Welcome to the website of the Children’s Discovery Museum of San Jose (referred to herein as “the Museum,” “we,” or “us”). We provide our website (www.cdm.org) subject to the following terms and conditions.

BEFORE USING OUR WEBSITE OR ANY OF ITS SERVICES, PLEASE CAREFULLY READ THE TERMS OF USE BELOW. YOUR USE OF OUR WEBSITE CONSTITUTES AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS OF USE, PLEASE DO NOT USE OUR WEBSITE.

BY CHOOSING TO USE OUR WEBSITE OR ANY OF ITS SERVICES, YOU AGREE, REPRESENT, AND WARRANT THAT:

(1) YOU ARE 18 YEARS OLD OR OLDER, AND YOU HAVE CONSENTED TO AND AGREED TO THESE TERMS OF USE, OR
(2) YOU ARE AT LEAST 13 YEARS OLD BUT UNDER THE AGE OF 18 YEARS OLD, YOU HAVE REVIEWED THESE TERMS OF USE WITH A PARENT OR GUARDIAN, AND BOTH YOU AND THAT PARENT OR GUARDIAN HAVE CONSENTED TO AND AGREED TO THESE TERMS OF USE.

Website Content and Availability

All content on our website is subject to change without notice. We reserve the right, in our sole discretion, to terminate your access to all or part of our website, with or without notice. We may change, suspend, or discontinue any or all aspects of our website at any time, including the availability of any feature or content, without prior notice.

Prohibited Uses

You shall not post on, or submit to, this website any content which is libelous, defamatory, obscene, pornographic, fraudulent, abusive, harassing, or threatening, which contains viruses, malware, spyware, or other contaminating or destructive features, which violates the rights of others (such as content which infringes any copyright, trademark, patent, or trade secret), which violates any right of privacy or publicity, or which otherwise violates any applicable law. You may not post on this website any links to any external site. This website may not be used by you for any commercial purpose, to distribute any advertising, or to solicit funds, goods, or services.

The Museum is not responsible for screening any material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We do, however, retain the right to elect to remove any material that we, in our sole discretion, consider unlawful, infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. In all events, users remain solely responsible for the content of their own messages or postings.

Violations of system or network security, including but not limited to hacking and the introduction of viruses, malware, spyware, or other contaminating or destructive feature, are prohibited and may result in criminal and/or civil liability. The Museum will investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Complaints regarding suspected illegal use or violations of network security should be sent to contactus@cdm.org.

We reserve the right to refuse service and/or access, onsite and online, to any individual who disregards these Terms of Use, violates other Museum policies, or acts disrespectfully toward the Museum’s guests, staff, exhibits, or property.

Links to External Websites

Our website may provide links to websites maintained by others. The Museum does not endorse or take responsibility for the content, advertising, privacy practices, availability, or any other aspect of any external website (websites that do not begin with www.cdm.org). Under no circumstances shall the Museum be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your accessing or using an external website.

Intellectual Property

Our digital assets, including but not limited to text, photographs, and other materials available through our website, are protected by copyright and trademark laws, and they are the property of the Museum. Unless otherwise stated, you may print or download the Museum’s digital assets for informational, educational, and other noncommercial purposes. You may not reproduce, record, publish, modify, or distribute any of the Museum’s digital assets for commercial purposes without prior written consent from the Museum. Requests for commercial use of digital assets or questions as to whether a specific use is permissible or requires written consent should be sent to contactus@cdm.org.

By submitting content to the website, you give (or warrant that the owner of such rights has expressly granted) the Museum the nonexclusive right to use your content, in its original or edited form, in publications, television programs, books, articles, commentaries, or in any other medium now known or later developed. You acknowledge that you are not entitled to any compensation for such use.

Disclaimer of Warranties

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS,” AND WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE MUSEUM NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. NEITHER THE MUSEUM NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU (AND NOT THE MUSEUM OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR ACCESS AND USE OF THE WEBSITE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU AGREE, IN ANY EVENT, THAT THE MUSEUM’S DISCLAIMER OF ALL WARRANTIES WILL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE MUSEUM OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INDICENTAL, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON OUR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE, IN ANY EVENT, THAT THE MUSEUM’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Acknowledgement

YOU ACKNOWLEDGE AND AGREE THAT THE MUSEUM HAS PROVIDED ITS WEBSITE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE MUSEUM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE MUSEUM IN CONNECTION WITH YOUR USE OF OUR WEBSITE.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you will seek relief only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration shall be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Waiver and Severability

No waiver of any of these Terms of Use by the Museum shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Museum to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Modifications

We reserve the right to modify these Terms of Use at any time. You should frequently check these Terms of Use for changes. By using this website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use our website.