Terms of Use
www.WeChooseTheMoon.org ("Site") is owned by the John F. Kennedy Library Foundation ("Foundation") and it is a joint collaboration of the John F. Kennedy Presidential Library and Museum ("Library"), the Foundation, the National Aeronautics and Space Administration ("NASA"), and AOL, LLC (Collectively, "Covered Parties").
- Agreement to these Terms
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE FOUNDATION (REFERRED TO HEREIN AS "FOUNDATION," "WE," "US," OR "OUR") GOVERNING YOUR ACCESS AND/OR USE OF THIS SITE. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. Your access or use of this Site constitutes your agreement to be bound to these Terms, which includes any restrictions or additional terms or conditions posted on Site pages or any changes that may exist when you re-access the Site. If you do not agree with these Terms, do not use this Site. Discontinuing use of this Site shall not modify any Terms that apply to prior uses on the Site.
We reserve the right to make changes and update or remove any information or Content (defined below) contained on this Site and/or the Terms without prior notice. Any changes to these provisions will be incorporated into revised Terms that we will post on this Site. Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access or re-access the Site.
- Registration
To access certain Site services or information, you may be asked to provide personal information. You represent and warrant that any such personal information you provide is and shall remain true, accurate, and complete.
- Privacy
Any personal data (for example, name, address, telephone number or e-mail address) that you transmit to this Site in accordance with our instructions will be governed by our Privacy Policy which is incorporated in these Terms by reference.
- Site Ownership
All rights reserved. The logos, images, text, tools, graphics, marks, names, photographs, sounds, music, videos, illustrations, design elements, materials, code, scripts, software, interactive features, and any other materials displayed or posted on this Site are collectively referred to herein as "Content." The Covered Parties or parties that have granted the Covered Parties specific usage authorizations own the Content. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws may protect the Content.
- Restrictions on Use of Content
For restrictions and information regarding the use of Content on this Site owned by NASA, please refer to the NASA guidelines for using NASA imagery, available at http://www.nasa.gov/audience/formedia/features/MP_Photo_Guidelines.html (click here) or contact NASA at Photo Department, NASA Headquarters, 300 E St. SW, Washington, DC 20546, Tel: 202-358-1900, Fax: 202-358-4333.
For restrictions and information regarding the use of Content on this Site owned by the Library, please see the Terms of Use, including the section "Copyright, Restrictions, and Permissions Notice," available at http://www.archives.gov/global-pages/privacy.html (click here) or contact The John F. Kennedy Presidential Library and Museum, Columbia Point, Boston, MA 02125. 1.866.JFK.1960
Use of Content for any purpose not expressly permitted herein is prohibited. Unless otherwise provided herein, or authorized by NASA, with respect to NASA-owned Content, or authorized by the Library, with respect to Library-owned Content, you may not: (i) exploit or use for commercial purposes this Site or Content without express written consent; (ii) copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, frame, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content. You may not collect or harvest any personally identifiable information from the Site. The Covered Parties reserve all rights not expressly granted in and to the Site and Content
You may encourage others to access the information appearing on the Site. You may also link to the Site homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship, or approval by the Covered Parties. You may not bypass registered areas of the Site and hyperlink to pages protected by passwords.
- Violations
You expressly agree not to engage in any activity that: (i) interrupts, destroys, alters, damages, delays or limits the functionality or integrity of this Site or Content, including any associated software or hardware; (ii) infringes on any patent, trademark, trade name, trade secret, service mark or name, copyright, trade secret, or other proprietary right of any third party, including right of publicity or privacy; (iii) causes the forwarding of information that you do not own, have the right or authorization to provide, that is false or misdirected, or could damage the Covered Parties or any third party; or (iv) that is otherwise objectionable or violates the Covered Parties' policies or these Terms.
The Covered Parties, and their respective parents, subsidiaries, and entities under common ownership or control with the Covered Parties ("Affiliates") reserve any rights to pursue any causes of action, including, but not limited to, infringement actions, or damages resulting from failure to comply with Content restrictions and/or these Terms. If necessary, or as authorized under applicable law, the Covered Parties may cooperate with local, state, and/or federal authorities to protect the Covered Parties, or their respective parents and subsidiaries, and Affiliates, or the Content, services, or Site; to comply with applicable laws; or to prevent unauthorized access or use of this Site or Content. We retain the right to deny access to our Site, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.
- DISCLAIMER OF WARRANTIES
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS." THE COVERED PARTIES DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COVERED PARTIES DO NOT WARRANT THAT THE CONTENT FOUND ON THIS SITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
- LIMITATION OF LIABILITY
NEITHER THE COVERED PARTIES, NOR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS SITE OR CONTENT; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT OR OTHER INFORMATION OR MATERIALS ON THIS SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR'S FAILURE TO COMPLY WITH THESE TERMS; WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE COVERED PARTIES OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE COVERED PARTIES OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE. IN NO EVENT WILL THE COVERED PARTIES OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF SUCH PART(IES) HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
- INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COVERED PARTIES, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR DISPUTE WITH ANOTHER USER OF THE SITE, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THIS SITE OR CONTENT.
- Miscellaneous
This Site is originated and located in the United States, and these Terms shall be governed by and construed in accordance with the laws of the state of New York applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to these Terms or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts.
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining provisions of these Terms shall remain in full force and effect. These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of this Site and Content posted on the Site. No action of the Covered Parties, other than an express written waiver or update to these Terms, may be construed as a waiver of any part of these Terms. In the event we waive or update any specific provision of these Terms, all other portions will remain intact. The section headings contained in this Agreement are inserted as a matter of convenience and shall not form a part thereof to be used in any manner to construe any clause or clauses of this Agreement.
The Copyright for this Site is held by the John F. Kennedy Library Foundation.
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