TERMS AND CONDITIONS FOR USING THE WEBSITE

Welcome to the official Website of The Dallas County Historical Foundation (d/b/a The Sixth Floor Museum at Dealey Plaza) (the “Museum,” “we,” “us,” and “our”). We are committed to making your experience on our Website safe, satisfying, and productive. The Website chronicles the assassination and legacy of President John F. Kennedy and presents contemporary culture within the context of presidential history.

Your use of this Website, including all pages and portions of it and all services, features and information found at the Website (the “Website” or “Site”) is subject to your agreement with these Terms and Conditions for Using the Website (“Terms and Conditions”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THEY APPLY TO ALL USERS OF THE WEBSITE, REGARDLESS OF WHETHER THEY REGISTER WITH THE WEBSITE.

USE OF THIS WEBSITE OR ANY OF THE SITE CONTENT OR FEATURES AVAILABLE AT THE WEBSITE BY YOU MEANS THAT YOU ACKNOWLEDGE HAVING READ AND AGREED TO ALL OF THE TERMS OF THIS AGREEMENT INCLUDING THE PRIVACY POLICY.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.

Personal Information

The Website may, at various places throughout the Website, ask you to provide personal information. The Museum’s use of the information provided is subject to our Privacy Policy.

Changing Your Information

You are responsible for ensuring that information you provide in connection with registration at the Website is accurate and up to date. Shortly after you register or make a change to your registration, we will send you a confirming email.

User Generated Content

“User Generated Content” refers to Content (including, without limitations, discussions, chats, bulletin board posts, comments and the like) that you post (or that is posted using your account). We do not claim ownership for (nor do we undertake responsibility for) User Generated Content. If you post User Generated Content, you grant to us an irrevocable, perpetual, unconditional, worldwide, royalty-free, sub-licensable right and license to use, distribute, modify, adapt, transform, perform and publicly display it on or in connection with the Site, in whole or in part, in or on any and all media now known or hereafter developed, and to create compilations, adaptations and derivative works. We have no liability or responsibility for others, even if they obtained your User Generated Content through our Site.

We don’t endorse User Generated Content, nor does it reflect our views. We have no obligation to monitor, edit or screen User Generated Content (although we reserve the right to do so), and if we do, we have no obligation to continue to do so and we may do so randomly, continuously or not at all and in some, any, all or no portions of the services. We have absolutely no liability for or in connection with any User Generated Content, even if it violates our Terms and Conditions, our Privacy Policy or any other obligation. If we determine or reasonably believe any User Generated Content violates any terms or conditions that apply or any law or regulation or we believe you are behaving inappropriately, we reserve the right, at any time and without limiting any and all other rights we may have, to (a) refuse to allow you to post, (b) remove and delete any User Generated Content, (c) revoke, suspend and/or terminate your use, registration, User ID, subscription(s) and/or access to and use of all or any part of the services and/or (d) use any means available to us to enforce your compliance. Although the Museum may from time to time monitor or review User Generated Content, the Museum is under no obligation to do so and assumes no responsibility or liability arising from User Generated Content. We reserve the right to delete, edit and/or alter your User Generated Content from the Site from time-to-time at any time, in whole or in part, without notice to you, for any reason or no reason at all.

You are prohibited from posting or transmitting any false or misleading, unlawful, threatening, libelous, defamatory, disparaging, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property or other rights of third parties, give rise to civil liability, or otherwise violate any law. The Museum will fully cooperate with any law enforcement authorities or court order requesting or directing the Museum to disclose the identity of anyone posting any such information or materials. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark, trade secret or other proprietary right, or any other harm resulting from your use of the Site.

You represent and warrant that your User Generated Content: a) is original to you or if not original you have obtained all rights necessary from the rights holder(s) and in all cases the User Generated Content is fully cleared as described above, b) does not and will not, in any way, violate or breach these Terms and Conditions and any other terms or conditions that apply to you or any other agreement by which you may be bound, c) does not: contain falsehoods, misrepresentations or statements that could damage us, or libelous, tortious or unlawful information, infringe or violate any rights of any other party or contain any matter the publication, display or sale or in any other way violate any law, rule, regulation or court order, d) is not obscene or in any other manner unlawful, and e) is not and will not be injurious to the health, safety or security of any person. If your User Generated Content incorporates a name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you represent and warrant that you have the right to place such User Generated Content in the public domain.

You understand that when using the Site, you will be exposed to User Generated Content and third party information from a variety of sources and that the Museum is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Generated Content and third party information. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Museum with respect thereto.

Copyright Notice and Ownership

All photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof (“Images”) and all content, data, information, news, story lines, and all other text and materials, including digital, printed and audio (“Text”) on the Website are protected by the Copyright Laws of the United States (“U.S. Copyright Law”) and of the laws of other jurisdictions.

Unless otherwise noted, all Images and Text, along with the layout and design of the Website and all documentation, data, services, features, products and other content at the Website (together with Images and Text, referred to as “Site Content”) are owned by or licensed to the Museum. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license signed by the owner.

Use and Limited License

You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Website for your personal, non-commercial and educational use only.

Any use of Site Content may not be for commercial reasons, unless specifically authorized by the Museum in writing. Any request for use or license, or questions concerning ownership of any Site Content found at the Website, may be made to jfk@jfk.org or by using the online Rights and Reproductions Request Form. For additional information relating to use of the Site Content and other Museum resources, refer to the Frequently Asked Questions section of the Website.

Reservation of Rights

All rights not expressly granted by the Museum herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Museum has the authority to grant any license on behalf of any third party.

Trademark Policy

Museum Trademarks

Museum trademarks, including the trademarks “The Sixth Floor Museum,” “The Sixth Floor Museum at Dealey Plaza,” the Museum’s logo, all page headers, graphics, images, symbols, the names of products, services or features, trade names and other marks found at the Website are proprietary property of the Museum (collectively the Museum’s “Marks”), and use of such Marks is strictly prohibited without the prior written consent of the Museum. The Museum’s Marks may now be or in the future might be registered with the Unites States Patent and Trademark Office.

Third Party Trademarks

The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on this Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that the Museum has authority to grant any right or license on behalf of any third-party trademark owner.

Restrictions, Limitations and Conditions of Use

Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Website are given on the condition that you use the Website in accordance with these Terms and Conditions. You may not use the Website for any unlawful purpose and you may not:

  1. access, solicit, collect or use any personally identifying information about any users of the Website or anyone else;
  2. restrict or inhibit others from using the Website;
  3. transmit to or introduce at the Website any viruses, harmful software, or other modifications or changes to the Website or reverse engineer, decompile, disassemble, reverse assemble or modify any Site or application source or object code or any software or other products, services or processes accessible through any portion of the Site or Site Content ; or
  4. submit, upload, email or otherwise transmit any content, material or other thing, to or through the Website which (a) is threatening, abusive, defamatory, obscene, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
  5. engage in any activities that interferes with another user’s access to the Site or the proper operation of the Site;
  6. distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; o ruse content from our Site in a manner that suggest an unauthorized association with any of our or our licensor’s products, services or brands.

The Museum has no obligation to monitor the Website or any User Generated Content submitted to the Website by people who visit the Website. However, the Museum reserves the right to review or monitor the Website and any User Generated Content submitted by users from time to time.

At any time, the Museum may:

  1. record, copy and use anything posted or transmitted to the Website, including User Generated Content, in accordance with these Terms and Conditions and the Website’s privacy policy;
  2. without further notice to you, delete or prohibit the transmission or receipt of, or refuse to display and/or remove any information or materials, which we deem to be inappropriate, objectionable or in violation of these Terms and Conditions;
  3. disclose any information we deem necessary or desirable to satisfy any law, regulation or governmental request; and/or
  4. suspend or terminate the availability of our Site (and any elements or feature of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.

Creating and Terminating Accounts; Limitations of Liability

Some of the features on the Website, may require you to register for an account through our online registration process. When you register for an account, you will select your own password and you agree that:

You will not use a username (or e-mail address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or is offensive. We may reject the use of any password, username or e-mail address for any reason in our sole discretion.

You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and

You will not sell, transfer, or assign your account or any account rights.

You are solely responsible for all activities that occur under your account, password and username whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of our Site using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in Sections 3(a) or 3(b). If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms of Use, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 3(b).

Links to Other Sites

In using the Site, you may find that the Museum provides hyperlinks to one or more third-party websites (the “Linked Sites”). The Museum provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Although the Museum expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.

Disclaimers and Limitations of Liability

ALL SITE CONTENT AND OTHER MATERIALS ON THE WEBSITE, INCLUDING ITEMS PURCHASED AT THE MUSEUM STORE ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR LAW. The Museum makes no warranties of any kind as to the performance of or the effect such Site Content, materials, or items purchased may have on the user or any damage to or viruses which may affect the computer or any other property of the user.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MUSEUM IS NOT RESPONSIBLE FOR ANY ACCESS OR USE BY YOU OF THE WEBSITE OR SITE CONTENT FOUND OR ITEMS PURCHASED AT THE WEBSITE AND IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH SUCH ACCESS, USE OR PURCHASE, INCLUDING ACTUAL OR DIRECT DAMAGES OR DAMAGES OF ANY KIND BASED ON ANY LEGAL THEORY.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR USE WILL BE CONSISTENT WITH THESE TERMS AND CONDITIONS, INCLUDING FAIR USE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE MUSEUM HARMLESS FROM ALL CLAIMS, CAUSES OF ACTION, ALLEGATIONS, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), JUDGMENTS, LIABILITIES, LOSSES, AND DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE.YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (e.g., CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO YOU.

SEE SECTION ENTITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

SEE SECTION ENTITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

Severance and Waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as nearly approximate the intent of the parties as possible, and if unreformable, shall be severed and deleted from these Terms and Conditions. The Museum’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Museum. Any waiver of any provision of these Terms and Conditions must be in writing and signed by a duly authorized officer of the Museum.

SEE SECTION ENTITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

Site Operated in the United States

The Museum controls and operates our Site from its offices in the United States, and we make no representation that our Site is appropriate or available for use beyond the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Site may describe products and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Site and/or the provision of any content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of Use of the Convention on Contracts for the International Sale of Goods.

SEE SECTION ENTITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

Assignment

The Museum may assign its rights and obligations under these Terms of Use, in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Museum.

Communications

When you communicate with us electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Indemnity

You hereby agree to defend, indemnify and hold the Museum and its subsidiaries and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (each a “Museum Indemnitee”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Museum Indemnity, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (a) your User Generated Content; (b) your use of our Site and your activities in connection with our Site; (c) your breach or alleged breach of these Terms and Conditions; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of our Site and your activities in connection with our Site; (e) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; or (g) Museum Indemnitiees’ use of the information that you submit to us (including your User Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by any Museum Indemnitee in the defense of any Claim and Losses. Notwithstanding the foregoing, Museum Indemnitees retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Museum Indemnitees reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Museum Indemnitee.

SEE SECTION ENTITLED “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

Notice and Procedure for Copyright Infringement Claim

a. Notification

If you are a copyright owner or an agent thereof and believe that any User Generated Content or other Site content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Museum’s designated Copyright Agent for notice of claims of infringement is:

The Sixth Floor Museum at Dealey Plaza
Attn: Copyright Agent:
Address: 411 Elm Street
City, State Zip Code: Dallas, TX 75202-3308
Telephone: 214-747-6660
Email Address: copyright@jfk.org

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Museum’s customer service at jfk@jfk.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

b. Counter-Notification

If you believe that any User Generated Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state you are located or the State of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, the Museum shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, the Museum may, in its sole discretion, reinstate the removed material or cease disabling such material.

c. Termination

In accordance with the DMCA and other applicable law, the Museum shall, in appropriate circumstances, terminate access, at the Museum’s sole discretion, of any user that the Museum finds to be a repeat infringer of others copyrights. The Museum may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

Donation Terms and Policies

To make a donation to the Museum through our Site, you must be the applicable age of majority in your jurisdiction of residence. If you choose to make a donation, you will be prompted to provide payment information through our third-party donations payment processor, Blackbaud. By submitting such payment information, you agree that you authorize your card to be charged at our convenience but within thirty (30) days of credit card authorization. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT THE MUSEUM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. Please also read our Privacy Policy for information about the collection, processing, storage and use of payment information submitted to our Site.

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections entitled Disclaimer and Limitation of Liability; Governing Law; Requirements for Lawsuits; Severance and Waiver; Site Operated in the United States and Indemnity do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, the Museum reserves all rights, defenses and permissible limitations under the law of your state of residence.

Changes to Terms; Entire Agreement

These Terms and Conditions constitute the entire and exclusive agreement between you and the Museum regarding the Website and its use, and supersedes all other agreements, understandings and communications, if any, oral or written. The Museum retains the right to modify or change these Terms and Conditions at any time by posting amended terms on this Website. Use of our Site or applications after the effective date of any revisions constitutes your acceptance of the amended terms and conditions. You should periodically revisit and read the Website’s Terms and Conditions to see if there have been any changes.

Governing Law; Requirements for Lawsuits

The laws of the state of Texas, excluding its conflict-of-law principles, shall govern these Terms and Conditions, the use of the Museum Website, purchase of items from the Museum Store, and any other disputes related to the Museum shall be heard solely in the state courts situated in Dallas County and the federal courts in the Northern District of Texas situated in Dallas, Texas, as applicable. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as agent for service of process; and (2) agree that any claims or causes of action must be instituted within two (2) years from the date such claim arose. The Museum’s failure to enforce any terms of this provision shall not be construed as a waiver of any right mentioned above. The prevailing party in any such legal proceeding, disputes or claims is entitled to recover its attorney’s fees and costs of litigation.

Contact Us

If you have any questions regarding our Terms and Conditions or your use of our Site, please contact us at jfk@jfk.org.