Terms of Use

1. ACCEPTANCE OF TERMS
Welcome to a website of the Museum of Science and Industry (the "Museum"). This Terms of Use Agreement ("Agreement") applies to the following websites: www.msichicago.org, sciencechicago.com, livefromtheheart.org and any other website owned and operated by the Museum (each, a "Site"). The Site and its contents are designed to comply with U.S. laws and regulations. This Agreement includes any posted guidelines or rules applicable to particular Content or Services (as defined below). You can review the most current version of the Agreement at any time at www.msichicago.org. By using the Site, you: (i) agree to be bound by the Agreement; (ii) represent and warrant that you are either: (a) at least eighteen (18) years old; or (b) a parent or legal guardian of a user that is under the age of eighteen (18) years old and legally responsible for such minor user's use of the Site; and (iii) represent and warrant that you have the legal authority to accept the Agreement. If you do not agree with the Agreement, you are not authorized to use the Site. The Agreement governs your use of the Site including, without limitation, all content such as text, information, images, software, Services (as defined in Section 3) and materials (collectively, the "Content") made available to you or by you through this Site by the Museum and/or third parties at any time.

2. ACCESS TO THE SITE
Access to certain portions of this Site requires login and password information provided only to users who have registered (the "Registered Users"). The Site login and password are provided for the use of the individual Registered User only and are not transferable. Any user who obtains a login and password (collectively, "ID") by any means other than that user's own registration as a Registered User, is not authorized to use that ID and the Museum requests that such user notify the Museum of the improperly disclosed ID. Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at the Museum's sole discretion, in cancellation of the Registered User's subscription and other remedies, and the Museum shall have no liability to the Registered User. Certain other Content or Services on the Site may require additional identification or passwords. Registered Users are solely responsible for (1) maintaining the strict confidentiality of their IDs; (2) not allowing another person to use their IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs, and (4) promptly informing Museum in writing of any need to deactivate an ID due to potential or actual security concerns. The Museum is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify Museum in writing of any unauthorized use of your ID.

3. CONTENT AND SERVICES
The Site may provide certain Content and services that the Museum may change or update from time to time (the "Services"). The ability to post Content may be provided to allow user and/or Registered Users to share ideas and information of interest. The Museum cannot and does not monitor all of the Content posted or transmitted by users and Registered Users. Users and Registered Users are advised to use their best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at www.msichicago.org. In the event that any posted Content appears to be inappropriate for display on this Site for any reason, users and Registered Users are encouraged to contact the Museum to request removal of such Content.

4. INTELLECTUAL PROPERTY RIGHTS

(a) Copyright
All intellectual property rights in the Content (including copyrights, trademarks, trade secrets and patents) are the property of the Museum unless indicated otherwise and are protected by the United states Copyright Act of 1976, as amended, the copyright laws of other countries and other applicable intellectual property laws. Certain materials are used by permission of their respective owners. The Content and Services offered on the Site are provided solely to enable users to obtain information on topics of interest. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of the Museum, except that, subject to your compliance with this Agreement, the Museum authorizes you to view or download a single copy of the Content for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of the Museum or third parties.

(b) Trademarks and Service MarksThe following are trademarks and service marks (collectively, "Marks") owned by the Museum:

ACTION! AN ADVENTURE IN MOVIE MAKING
ANTARCTICA
BRAIN FOOD
ESCAPE FROM ZIRCON
EXPLORE: BLUE PLANET - RED PLANET
FAST FORWARD…INVENTING THE FUTURE
LIVE … FROM THE HEART
SCIENCE CHICAGO LIFE'S A LAB
SCIENCE STORMS
SMART HOME: GREEN + WIRED
SOLAR MAX
THE BIG IDEA
TOYMAKER 3000
U-505 SUBMARINE
WE'VE GOT FUN DOWN TO A SCIENCE
YOU! THE EXPERIENCE

Other logos and designs are owned by the Museum and other marks are used with the permission of their respective owners. You agree not to use or display any Marks without the prior written consent of the Museum or the owner of such Marks.

(c) Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), the Museum' designated agent for notice of alleged copyright infringement in connection with the Site is as follows:

Digital Content Department
Museum of Science and Industry, Chicago
5700 S. DuSable Lake Shore Drive
Chicago, IL 60637
web@msichicago.org
Fax: (773) 684-2907
Phone: (773) 684-1414

To file a notice of infringement with the Museum, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at www.copyright.gov.

5. USE OF THE SITE AND REGISTRATION REQUIREMENTS
Use of the Site is voluntary. You may choose not to use the Site and you may choose not to use your ID. The information that the Museum obtains from users and Registered Users will be used only in accordance with the Museum's Privacy Policy. You may cancel your ID at any time by contacting the Museum at the addresses provided below.

If you choose to have an ID, you agree that you will be responsible for maintaining your ID as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your ID. You agree to immediately notify the Museum by one of the methods below in the event that (i) your ID is lost or stolen, or (ii) you become aware of any unauthorized use of your ID or of any other breach of security related to the Site. The Museum is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

You may contact the Museum as follows:
Web & Online Programs
Museum of Science and Industry
5700 S. DuSable Lake Shore Drive
Chicago, IL 60637
(773) 684-1414
web@msichicago.org

6. 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 the Museum'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 Museum'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 Museum 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.

7. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MUSEUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE MUSEUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE MUSEUM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS.

8. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MUSEUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE.

9. LINKS TO OTHER SITES
The linked sites are not under the control of the Museum and the Museum is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. The Museum reserves the right to terminate any link or linking program at any time. The Museum has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

10. APPLICABLE LAWS
This Site is controlled by the Museum from its offices within the State of Illinois. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws or regulations. Any claim relating to the Site must be filed within one year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of Illinois without regard to its conflicts of laws provisions. Venue with respect to any dispute between the users and Museum will rest exclusively in the state or federal courts located in Chicago, Illinois.

11. DISPUTE RESOLUTION
Any dispute between the Museum and you arising out of this Agreement shall be resolved first by direct communication with one or more of the Museum's Guest Services Representatives and, if necessary, by escalation to the Manager of Guest Services. Should the Museum and you be unable to resolve the dispute by communication and both you and the Museum jointly agree to do so, the Museum or you may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of the Museum's headquarters and pursuant to Illinois law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

12. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy, and any other Museum policy which is incorporated herein by this reference, contains the entire agreement between you and Museum relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. The Museum reserves the right to make changes to this Agreement at any time without advance notice. The Museum shall post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

13. TERMINATION
Your right to access and use the Site and/or Content immediately terminates without further notice upon your breach of this Agreement. The Museum may terminate this Agreement and/or your right to use the Site at any time, with or without cause. The Museum reserves the right to discontinue or make changes to the Site, Content and/or Services at any time.

14. NOTICE
The Museum may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.msichicago.org, or by written communication delivered by First Class U.S. Mail to your address on record in the Museum's account information. You may give notice to Museum at any time via electronic mail to web@msichicago.org or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Vice President, Administration and Finance
Museum of Science and Industry
5700 S. DuSable Lake Shore Drive
Chicago, IL 60637
(773) 684-1414

If you object to any material found on this Site, please bring your concerns to the attention of web@msichicago.org. The Site administrator reserves the right to remove any material pending further investigation.

15. GENERAL
You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to your continued use of the Content or access to the Site. You should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions. A waiver of a breach of any provision to this Agreement will not constitute a waiver of any other breach. The Museum reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. Museum reserves the right to refuse to offer access to the Site to anyone at anytime without notice. You may not assign this Agreement without Museum's prior written permission.

This Agreement is binding upon your successors, assigns, heirs and executors.

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.