Terms and conditions/Terms of use.
Terms and Conditions/Terms of Use
Galveston Unscripted provides www.galvestonunscripted.com and its subdomains (including websites accessed through mobile devices as well as downloadable mobile applications) and application program interfaces ("APIs") (collectively, the "Websites") in support of Galveston Unscripted’s mission to preserve, study, exhibit, and encourage appreciation for and advance knowledge of history. By accessing the Websites, users agree to be bound by the following terms and conditions, which Galveston Unscripted may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the "Materials") are proprietary to Galveston Unscripted or its licensors. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Galveston Unscripted.
Trademarks. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
Authorized Uses. Materials for authorized use include any factual historical information and audio.
User Responsibility. From time to time Galveston Unscripted may invite users to share content. Please know that shared content will be reviewed by Galveston Unscripted staff and may be reproduced by Galveston Unscripted in all media now known or hereinafter devised.
Purchasing on the Websites. Galveston Unscripted has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.
API. Galveston Unscripted provides access to images and audio on the site that it believes is in the public domain, and to certain other content that Galveston Unscripted waives any copyright it might have.
1. Use of the API is subject to the provisions of these Terms and Conditions, including without limitation the provisions on Trademarks, Authorized Uses, Security, Privacy, Links to Third Party Sites, Disclaimer of Warranties, Limitation of Liability, DMCA, Indemnity and Applicable Law and Jurisdiction.
2. Galveston Unscripted’s Privacy Policy applies to the website API. Galveston Unscripted will monitor, collect and store IP addresses, usage information to monitor service load and analyze and improve the API.
3. Galveston Unscripted will not provide technical support in connection with the Galveston Unscripted API and does not guarantee availability of the service or accuracy of the content. There may be times when the API is not available due to development, maintenance or otherwise.
4. At its discretion, Galveston Unscripted may restrict access to or discontinue the Galveston Unscripted API or any functionality associated with the API. The Museum may limit the number of transactions a user may send or receive through the API, which may, for example, ensure even performance for all users, or may in the future require access through assigned keys.
5. Users are encouraged to refresh API data regularly for the most updated content available; information may change and the Museum may add to, delete, or otherwise modify content.
Privacy. Galveston Unscripted is committed to protecting the privacy of visitors to the Websites in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Websites is governed by the Galveston Unscripted Privacy Policy. Please note that the Websites are not specifically dedicated to children and Galveston Unscripted does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting personally identifiable information or other content to the Websites.
Links to Third-Party Sites. Galveston Unscripted has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. Galveston Unscripted provides these links as a convenience, and linking to any off-site pages or other sites is at the user's own risk. A link does not imply endorsement or affiliation with the linked site by Galveston Unscripted.
Integrated Third-Party Tools. Galveston Unscripted offers integrated tools and other social sharing features on the Websites. By accessing the integrated tools and features users agree to be bound by the third party’s terms of service.
Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Websites are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Galveston Unscripted may update, change, or delete content at any time. Galveston Unscripted makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. Galveston Unscripted assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Museum may discontinue or take down the Websites or any section or Material within the Websites at any time.
Limitation of Liability. NEITHER GALVESTON UNSCRIPTED, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF GALVESTON UNSCRIPTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
Digital Millennium Copyright Act (DMCA). Galveston Unscripted is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact Galveston Unscripted immediately to report any concerns of infringement by providing notice to the Galveston Unscripted Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to galvestonunscripted@gmail.com.
Indemnity. The user agrees to indemnify, defend, and hold Galveston Unscripted and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its Materials.
Entire Agreement; Severance; Waiver. These Terms and Conditions incorporate by reference any notices on the Websites and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Websites. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Galveston Unscripted’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
Applicable Law and Jurisdiction. These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Galveston County and the State of Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.