Terms and conditions

WELCOME

Welcome to the Wende Museum’s website (the “Site”). We hope that you enjoy your experience here and if you have any questions or concerns about our Terms and Conditions of Use (the “Terms”) please be sure to contact us before you use or access the Site. By using this website, you acknowledge your understanding of and agreement to be bound by these Terms as well as our Privacy Policy which is hereby incorporated into these Terms.

LICENSE TO USE THIS SITE

The Wende Museum grants you a license to access and use the Site subject to your full compliance with these Terms. This license is not exclusive, not transferable and limited to your personal informational use only. Unless you obtain written permission or as otherwise provided by the Terms, you may not modify, change, delete, add, rewrite, create derivative works from, transfer, sell, transmit, post, license, copy, print, display, upload or download, perform, reproduce, publish or in any way exploit the Site or any portion thereof for public or commercial use. Nothing on this Site may be disassembled, decompiled or reverse-engineered in any way, stored in a retrieval system, translated, or retransmitted in any form or medium without specific written permission from the Wende Museum.

TERMINATION OF LICENSE

If at any point, the Wende Museum determines that you have violated any of the Terms, your use of this Site may be terminated, your user account canceled and removed, or the Wende Museum may exercise any other appropriate remedy available under the law. Such termination shall not give rise to any claim of liability by you or any third party.

CHANGES TO THE TERMS OR THE SITE

This Site and/or these Terms may be modified or changed as we determine necessary and without notice. The Wende Museum shall have the right in its sole discretion and for any reason, to change, modify, terminate, discontinue, suspend temporarily or permanently any aspect of this Site including but not limited to these Terms. Such actions may affect the content, hours of availability, features or any other aspect or use of the Site without notice to you. When changes are made, they automatically become effective and your continued use of this Site means that you accept these changes.

OWNERSHIP OF INTELLECTUAL PROPERTY

Unless otherwise indicated, all material found on this Site, including, but not limited to, all images, text, HTML and any other content, belongs to the Wende Museum or our partners or licensors. This Site is protected by U.S. copyright law, U.S. Trademark law, any other U.S. intellectual property law or protections, international conventions and any other copyright, trademark or other intellectual property laws as they pertain to collective and/or compiled works. Any rights not specifically granted in these Terms are reserved by the Wende Museum. You agree to abide by any and all copyright notices, information or other restrictions as displayed on this Site.

*Submitted Content and Communications *

You are welcome to post comments or other content as appropriate. However, when you post, upload, input or provide any information, material, content and/or communications (“Submitted Content”), you grant us a perpetual, irrevocable, universal, non-exclusive, royalty-free license to use any such Submitted Content for any purpose and in any medium now known or hereafter developed. You waive all rights of inspection, editing, approval or ability to receive compensation for any Submitted Content. Further, you waive all rights you may have in claims against the Wende Museum for any actual or alleged infringement of proprietary rights, rights of publicity and privacy, moral rights and rights of attribution with regard to Submitted Content. We reserve the right to use Submitted Content in any way and to the fullest extent permitted by law.

You understand that with the exception of those protections outlined in our Privacy Policy, transmissions to and from this Site are not necessarily confidential and that your Submitted Content may be intercepted and read by others. You specifically acknowledge and agree that your Submitted Content does not create a confidential, fiduciary, contractual (implied or actual) or other relationship with the Wende Museum. We cannot and will not be responsible for any liability arising out of your Submitted Content.

You are fully and completely responsible for any Submitted Content. The Wende Museum is not responsible for your Submitted Content or that of other users. Submitted Content does not necessarily reflect the views of the Wende Museum, and the truth, accuracy and/or reliability of any Submitted Content by you or other users will not be guaranteed by the Wende Museum. Users’ use of Submitted Content is purely at their own risk and discretion.

LINKS

The Site may include links to third party websites, partners, sponsors or resources. Links to and from the sites of third parties do not constitute an endorsement, guarantee, representation or warranty of any kind by the Wende Museum, its subsidiaries, partners or affiliates. The Wende Museum has no authority over these third party websites and cannot control the appropriateness, accuracy, truthfulness or legality of the content on such sites. If you choose to click on a link on the Wende Museum’s website, you do so at your own risk and you agree that the Wende Museum will not be held liable for any results of your choice to avail yourself of said links.

In the event any third party wishes to link to this Site, permission first must be obtained from the Wende Museum. To seek such permission, please contact us or write to us at the address listed in the Notices section below. We reserve the right to, in our sole discretion, deny any requests to link and also to require termination of any unauthorized links to this Site.

PROHIBITED USES

This Site may not be used for:

• Posting incomplete or inaccurate information about yourself or others;
• Disrespectful behavior regarding the privacy or opinions of others;
• Pursuing any unlawful activity or purpose;
• Defrauding anyone, including but not limited to impersonating another person;
• Transmitting “junk mail,” “spam,” “chain letters,” or any other unsolicited or unwanted communications;

You may not engage in any other behaviors that might result in the interference or interruption of Site access or services including, but not limited to, spamming, hacking, uploading computer viruses, worms or time bombs. Further, you may not use any manual or automatic devise including, but not limited to, robots or spiders to copy any content from this Site without specific permission. You may not engage in any activity or action that would create an unreasonable or harmful load on the Site’s infrastructure.

Finally, you may not engage in any illegal activity or activity that might give rise to allegations of illegal behavior or violation of any city, state, national or international regulations, laws or policies. Such behavior might include, but is in no way limited to, posting infringing material copyrighted or otherwise owned by a third party or revealing trade secrets; violating international protocols regarding internet activities; transmitting information that violates any embargos or export control laws; or committing any act of fraud or theft including but not limited to accessing data to which you do not have permission to access or are not intended to access.

INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless the Wende Museum and its officers, directors, shareholders, employees and agents against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement f any nature or kind, know, unknown, liquidated or unliquidated, including without limitation all reasonable costs, fees and expenses incurred (legal, accounting or otherwise) arising out of, resulting from or based upon any claim by any third party arising out of, resulting from or based upon your actions or instructions.

DISCLAIMER OF WARRANTIES

The Wende Museum does not warrant, guarantee or endorse the accuracy or truth of any statements, advice, opinion, information, or material otherwise obtained through the use of this Site. The use of any such material is at your sole risk and you will be solely responsible for any damages that result from reliance thereon.

This site and any services offered through this site, including but not limited to content, software, materials and information, are provided “as is” and on an “as available” basis without representation or warranty of any kind, either express or implied, including without limitation any warranty of title, non-infringement, merchantability or fitness for a particular purpose.

The Wende Museum does not warrant the accuracy or reliability of the site or the function, content, materials, products, links or services made available through the site, nor that the same will be provided in a timely, secure, uninterrupted or error-free manner.

The Wende Museum makes no warranties as to users’ expectations or satisfaction, or the appropriateness of all of the content for users. You must use your discretion when using the site and if you are dissatisfied, your sole remedy is to stop using the site.

LIMITATION OF LIABILITY

Under no circumstances shall the Wende Museum and its affiliates or any of its directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, or content or service providers be liable for any special, incidental, indirect, consequential, exemplary or punitive damages arising directly or indirectly out of or related to the use, or inability to use, the site, content, any of the services, materials or functions related thereto, including without limitation loss of revenue, anticipated profits or lost business, data or sales or cost of substitute services even if such entities or an authorized representative for such entities has been advised of the possibility of such damages.

In no event will the total liability of company, its affiliates or any of its directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, or content or service providers to you for any damages, losses and causes of action (whether in contract or tor, including but not limited to negligence or otherwise) arising out of these terms or your use of, or inability to use, this site or any services provided, exceed, in the aggregate, $100. Nor shall company or any of the other the aforementioned parties be liable in the event there is any loss of any data or information contained in your account.

INTERNATIONAL USERS

Those users who choose to access the Site from locations outside the United States of America (the “U.S.”) do so on their own initiative and are responsible for ensuring compliance with local laws that apply to them as international users. The Wende Museum makes no representations or warranties with regard to the appropriateness or availability of the Site in locations outside the U.S. The Wende Museum operates and controls this Site from offices located in the U.S. and all information is processed domestically in the U.S. Users accessing this Site from outside the U.S. agree to comply with their own local regulations and laws, including but not limited to those restrictions on the transmission of technical data.

APPLICABLE LAWS AND VENUE

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions.

NOTICES

Should you need to contact us for any reason, you may do so via email or regular mail.

CONTACT US at info@wendemuseum.org.

GENERAL PROVISIONS

If any portion of these Terms is held to be illegal, void or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other term of these Terms.

Any claim or action regarding this Site or the Wende Museum, its divisions or subsidiaries, must be commenced within one (1) year after the claim or cause of action arose. In the event of litigation arising out of, or in any way related to any term set forth in this Terms, the prevailing party, in addition to any other relief awarded, shall be entitled to recover its reasonable attorney’s fees and court costs at trial and on appeal.

All notices required by this contract shall be in writing and mailed to the parties at the addresses set forth above.

No term or condition contained in these Terms shall be held waived, modified or deleted in the event that the Wende Museum fails to enforce any right or provision listed herein.

These Terms supersedes and replaces all prior written and oral agreements and constitutes the entire and complete agreement by and between you and the Wende Museum. These Terms may be changed or modified from time to time as previously set forth above in “Changes to the Terms or The Site.”