TERMS AND CONDITIONS

TERMS OF USE

The mission of the Computer Museum of America is to preserve and present for posterity the artifacts and stories of the Information Age. The Computer Museum of America (CMoA) has created and maintains this Web site in support of its mission. Access to and use of this Web site and its contents are subject to the following terms and conditions and all applicable Federal, State, and Local laws. BY ACCESSING AND BROWSING THIS WEB SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. CMoA may at any time revise these terms and conditions. If we do change the terms and conditions, we will so note those changes on this page. You are solely responsible for being in compliance with the then-current terms and conditions.

COPYRIGHT

No images or content in any form from this site may, in any manner or by any means, be used for commercial purposes without written permission from the Computer Museum of America.

Please contact CMoA for copyright and licensing information at info@computermuseumofamerica.org. Thank you for respecting the rights of the Computer Museum of America and other copyright holders.

COPYRIGHT INFRINGEMENT CLAIMS

CMoA may, in appropriate circumstances and at its sole discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others.

If you believe that your copyright has been violated by material available through CMoA, please first contact CMoA at info@computermuseumofamerica.org and provide the CMoA Copyright Agent with the following information:

Identification of the copyrighted work that you claim has been infringed;
An exact description of where the material about which you complain is located within the CMoA collections;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner;
Your electronic or physical signature.

The CMoA Copyright Agent can be reached as follows:

TRADEMARKS

The trademarks, trade names, logos, and service marks (“Trademarks”) displayed on this Web site, including “Computer Museum of America”, “CMoA” and all forms of our logo are trademarks of the Computer Museum of America (CMoA). The Trademarks of third parties may also be displayed on the web site and are the property of their respective owners. Nothing contained in this web site grants, by implication or otherwise, any right or license to use any trademark displayed on the web site without written permission of CMoA or any third party owner of the trademark. The misuse of the Trademarks displayed on the web site, including alteration or use out of context, is strictly prohibited. The Computer Museum of America hereby disclaims all responsibility for any and all claims arising from the misuse, misappropriation, or misrepresentation by others of the Trademarks found on this site.

LINKS

This Web site may contain links to third party web sites. The Computer Museum of America (CMoA) is not responsible for any content of any linked web site. CMoA provides these links on our web site as a convenience only, and a link does not imply endorsement, sponsorship, or any specific affiliation with the linked web site.

PRIVACY

Your privacy is important to Computer Museum of America (CMoA). All information gathered from you in connection with your use of this web site will be governed by the provisions of the Computer Museum of America Privacy Policy. For more information, see the complete CMoA Privacy Policy.

DISCLAIMER OF WARRANTIES

This web site is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, the Computer Museum of America (CMoA) disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. CMoA does not warrant, or make any representations that: (a) the web site will meet your requirements; (b) the web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the web site will be accurate or reliable; or (d) the CMoA web site or material accessible through the Web site is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on our web site, you do so solely at your own risk. Some states and other jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in whole or in part.

LIMITATION OF LIABILITY

You expressly understand that in no event will the Computer Museum of America (CMoA) or its officers, directors, employees, parents, subsidiaries, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to (a) your use or inability to use the web site and/or (b) your reliance on or use of any content on the web site. Some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

PROHIBITED BEHAVIOR

You are responsible for all content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting CMoA’s and third parties’ rights with respect to content that appears on the Site and not to download, email or otherwise transmit such content in violation of CMoA’s and third parties’ rights. You shall not use the Site or Services to:

Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing, or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the content;
Upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive;
Impersonate another person or entity, including without limitation, a representative of the CMoA or its officers, directors, employees, contractors or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted to or through the Site;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation, or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
Collect or store personal data with respect to third parties except as contemplated by the Agreement;
Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect the Museum or any third party;
Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

JURISDICTION

These terms and conditions are governed by the laws of the State of Georgia. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Fulton Country, Georgia.

MISCELLANEOUS

These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and agreements, written or oral, regarding this web site. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by the Computer Museum of America (CMoA) to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of CMoA. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of CMoA and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.

YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT USE THE SITE.