ExhibitFiles.org Terms and Conditions
ExhibitFiles.org ("Site") is owned by the Association of Science-Technology Centers ("ASTC"), a non-profit organization that encourages excellence and innovation in informal science learning by serving and linking its members worldwide and serving their common goals. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL POLICIES AND GUIDELINES WE POST REGARDING USE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. PLEASE READ THESE TERMS CAREFULLY.
Intellectual Property Ownership
Except as otherwise indicated, ASTC owns this Site and owns (or uses with permission) all the registered and unregistered trademarks, logos, wallpaper, icons, characters, information, pictures, photographs, designs, graphics, artwork, images, audio and video clips, music, sound, software, text, data, comments, postings, submissions, and other material and content on the Site, and the arrangement and selection of such material and content (collectively the "Content"). Your unauthorized use of the Content may violate copyright, trademark, patent, privacy, and other U.S. and/or international laws, and may infringe upon the rights of ASTC, as well as third parties not owned by or affiliated with ASTC. Such unauthorized use may result in your personal liability, including potential criminal liability.
Except for Content you have posted on this Site in accordance with these terms and conditions, or unless expressly permitted by ASTC, you may not alter, archive, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, prepare derivative works based upon, or otherwise use or exploit the Content, provided that you are granted a limited, non-sublicensable right to access and use the Site, to download material from this Site for your own personal use, and to make one machine-readable copy and/or one print copy that is limited to occasional articles of personal interest only. You may not use bots, data-mining technology, or any other technique intended to extract data or information from this Site. Any attempt to interfere with this Site or impede the lawful enjoyment of the Content by anyone may be subject to civil and criminal penalties.
This Site includes opportunities for registered users to post exhibit and exhibition information, notes, drawings, pictures, reviews, and comments. In providing any Content to this Site, you represent and warrant that:
You are the owner or licensee of such Content and have a right to post it.
The Content does not and will not violate the intellectual property or publicity rights of any person.
Your posting of the Content does not and will not violate these terms and conditions, or any ASTC policy or guideline.
By posting such Content, you give ASTC, its successors and assigns, and its and their agents and service providers a perpetual, royalty-free right to exploit, display, post, duplicate, disseminate, create derivative works based upon or otherwise use the Content for any commercial or non-commercial purpose, in any manner and in any medium whatsoever, in ASTC's sole discretion. For example, ASTC may incorporate thumbnails of images that users post on the Site into the ExhibitFiles.org logo that appears on this Site. In addition, ASTC may, in its discretion but without any obligation to do so, feature certain exhibits and exhibitions on the home page of ExhibitFiles.org.
The following rules shall apply to your posting of any Content on this Site:
You are responsible and liable for any Content that you submit, post, or display on this Site.
You are responsible and liable for any activity or transactions that occur under your user name.
You shall not abuse, harass, threaten, or intimidate other users of this Site.
You shall not use this Site for any illegal or unauthorized purpose.
You shall not post Content that is harmful, offensive, threatening, libelous, defamatory, unlawful, obscene, or otherwise objectionable.
Except as permitted in the ExhibitFiles Marketplace, you shall not use this site to promote any commercial activity, such as advertising the availability and cost of a traveling exhibition, or any product or service.
ASTC reserves the right, in its sole discretion, to:
Review, edit, or delete any material posted by users, including without limitation material that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or which violates a party's intellectual property or these terms and conditions, without undertaking any responsibility to do so.
Adopt rules in any community area or condition access to any such community features by any individual or group on certain criteria, deny or restrict access by any individual or group that fails to meet those criteria or by anyone who fails to comply with our criteria or rules at any time, and change or modify the criteria or rules at any time.
Deny access by any user to this Site.
Third Party Content
This Site may also contain Content owned by third parties, including but not limited to promotional and business partners, licensors, licensees, and advertisers. The use of the names or trademarks of such third parties and any references to their products or services on this Site does not constitute an endorsement by ASTC of such parties or their products or services. ASTC does not endorse or warrant the accuracy or reliability of, or assume any liability in connection with, any Content on this Site provided by third parties, or any of their products or services.
Links to Third Party Websites
If you believe that your copyrights in a work have been infringed, you can notify us of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act ("DMCA"). The notice must include the following information:
a legend or subject line "DMCA Copyright Infringement Notice".
a description of the copyrighted work that you believe has been infringed.
the URL of the site and a description of where the allegedly infringing material is located on that site.
your address, telephone number, and e-mail address.
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law.
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed).
your electronic or physical signature.
ASTC reserves the right to respond to DMCA notices that do not comply with any of these requirements in its discretion.
You may send DMCA notices by mail, e-mail, or facsimile to:
Association of Science-Technology Centers
818 Connecticut Avenue, NW
Washington, DC 20006-2734
fax to: 202/783-7207
Limitation of Liability and Disclaimer
THIS SITE AND THE CONTENT AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER MATTER. ASTC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IN THE SITE OR SERVICES AVAILABLE THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT INFORMATION WILL ALWAYS BE AVAILABLE, OR THAT THE SITE OR THE SERVERS, HARDWARE, OR SOFTWARE USED IN CONNECTION WITH THIS SITE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ASTC, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR THE INFORMATION PROVIDED ON THIS SITE. ASTC assumes no liability or responsibility for any errors or omissions in the Content of the website, whether provided by ASTC or any third party.
Jurisdiction, Venue, and Alternative Dispute Resolution
This Site and the servers that make this Site available are located in the United States. Any controversy or claim relating to this Site, the Content, or this Agreement not otherwise resolved between you and ASTC will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Washington, D.C., and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Site, the Content, or this Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by ASTC relating to your access to, or use of, this Site or any Content in accordance with this paragraph will be instituted in D.C. or federal court in Washington, D.C. Accordingly, you consent to the personal jurisdiction of the courts in Washington, D.C. with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. These terms and conditions will be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by ASTC to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Site, any Content, ASTC's operations, and/or its products or services caused by your act or failure to act.
You agree to indemnify, defend, and hold harmless ASTC and its directors, officers, employees, and agents from and against any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) in connection with any claim, suit, action, demand, or proceeding made or brought against any such party arising out of or related to your use of this Site, including, but not limited to, any Content you post at or submit to this Site.
Revisions to this Agreement
ASTC RESERVES THE RIGHT TO CHANGE, MODIFY, ADD, OR REMOVE ANY OF THESE TERMS AND CONDITIONS AND ANY OTHER CONTENT AT THE SITE AT ANY TIME. PLEASE CHECK THIS PAGE EACH TIME YOU VISIT FOR CHANGES AND MODIFICATIONS TO THESE TERMS, WHICH WILL BECOME EFFECTIVE UPON POSTING. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS DO NOT USE THIS SITE. CONTINUED USE OF THIS SITE CONSTITUTES ACCEPTANCE BY YOU OF ANY SUCH CHANGES.
Updated: March 2007