JANM Kids Bento Box Terms of Use [Japanese American National Museum]

Introduction

The Japanese American National Museum ("Museum") has created and maintains the JANM Kids web site ("the Site") in order to provide information and resources to the public via the Internet. By using the Site and its content you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy. Your continued access to and use of the Site reaffirms your agreement to be bound by and to abide by these Terms of Use, as amended from time to time, and your acknowledgement that these Terms of Use constitute the legal equivalent of a duly executed and legally-binding contract. If you do not agree with these Terms of Use, you may not use the Site.

Terms of Use

Access to and use of the image and text files and data on this Site are subject to the following Terms and Conditions:

1. The text, images, and data on the Site are protected by copyright and may be subject to other restrictions as well. Museum and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the "Materials"). Users may download Materials subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, plagiarize or otherwise transfer any copyrighted material from this Site except as expressly provided in these Terms of Use. The burden of determining that any content on the Site is not protected by copyright rests with you.

2. The Materials are made available for use without permission only for limited non-commercial personal or educational use, or for fair use as defined in United States copyright laws. You may download or print Materials from the Site for non-commercial personal or educational purposes, such as teaching, research, criticism or commentary, without requesting Museum's permission. Users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL "www.janm.org" in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that Museum does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Museum's copyright. Other proprietary rights in the Materials may be held by individuals and/or entities other than Museum, including reproductions of works of art licensed to Museum by third parties holding rights to these works, or images of people or places displayed on the Site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions. You acknowledge that Museum and/or third-party content providers remain the owners of the Site and its content, and that you do not acquire any ownership rights by downloading or posting copyrighted materials.

3. Museum expressly prohibits the use, copying, display, publication, distribution, transmission, modification, re-posting, or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.

4. While Museum uses reasonable efforts to include accurate and up-to-date information in this Site, Museum makes no representations or warranties as to its accuracy, completeness, or usefulness. Museum assumes no liability or responsibility for any errors or omissions in the content of the Site. We reserve the right to correct any errors in our Site.

5. Use of and browsing in the Site is at your risk. Neither Museum nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all Materials on the Site are provided "AS IS," WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGE-MENT. Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Materials from the Site. Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Museum.

6. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Museum or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like.

Linking policy

For your convenience, the Site provides certain links to the sites and services of our partners, sponsors, or other third parties. In many cases, these links represent cooperative projects or are established with persons or entities that have a significant connection to or relationship with our site. Although every effort is made to ensure that any referrals are to reputable and relevant sources, the Museum does not control the content or links that appear on these sites. In addition, these sites or services, including their content and links, may be constantly changing. Links to third party sites do not imply endorsement, sponsorship or any affiliation with such sites. Your access of any third party site through a link on the Site is at your own risk. You waive any and all claims against Museum regarding the inclusion of links to outside websites or your use of those websites.

Applicable law and jurisdiction

The Site (excluding links to Web sites operated by others) is controlled and operated by Museum in Los Angeles , California . Although Museum has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the World Wide Web. As each of these states and countries has laws that may differ from those of California and from each other, and as you and Museum both benefit from establishing a predictable legal environment in which to publish, access, and use Museum's Web site, by publishing, accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California , without regard to its conflict-of-laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Los Angeles , California . You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts. If you choose to access the Site from locations other than Los Angeles , California , you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and hold Museum, its trustees, officers, agents, employees, and volunteers harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Site.

Privacy Policy

The Japanese American National Museum is strongly committed to protecting the privacy of online visitors to JANM Kids. We believe that maintaining privacy on the Web is very important, and that informing our visitors about the types of information we collect and how we use it is crucial.

Types of information collected

We collect two types of information: (1) personally identifiable information that you voluntarily submit to us and (2) anonymous information that is automatically collected from all visitors to www.janm.org.

Personally identifiable information. JANM Kids does not request nor collect personally identifiable information from its visitors. If you contact us by e-mail, you are voluntarily sending us personally identifiable information (e.g., your name, address, e-mail address or other information), which we store in order to respond to or process your request. We only collect personally identifiable information if you knowingly provide it to us. We will never share your e-mail address or other personal information with anyone.

Anonymous information. When you visit the Site, certain information is automatically collected about your visit, such as the IP address from which you access the Site, the date and time of your visit and the pages you viewed. An IP address is a number assigned to your computer by a Web server when you're on the Internet; IP addresses are not linked to personally identifiable information. This anonymous information is used for statistical purposes and to help us monitor how guests navigate our site, allowing us to tailor our services for the majority of visitors. Non-personally identifiable information may refer to information about our visitors' browsers (e.g., Netscape Navigator or Internet Explorer), operating systems (e.g., Windows or Macintosh), Internet Service Providers (e.g., AOL or NET.COM,) and other similar information. We may track and catalog the search terms that users enter in the Search function, but this tracking is never associated with individual users.

Cookies. We may collect the anonymous information through the use of cookies. Cookies are pieces of data that we transfer to your computer's hard drive through your web browser in order to customize the information provided on the Site according to your preferences and make your visit easier and more enjoyable. For example, cookies may store information about your computer's audio or video capabilities so you won't have to enter the information manually every time you visit the Site. Although a cookie cannot identify you, it can identify your computer. Your browser is likely to be automatically set up to accept cookies. If you would not like to accept cookies from JANM Kids, you may adjust your browser's options or preferences. You will still be able to have full use of the Site.

If you are located outside of the United States , please note that any information you provide to us will be transferred to the United States and that by registering with the Site, you consent to this transfer and the storage of the data in the United States .

Children

In compliance with the Children's Online Privacy Protection Act of 1998, we will not knowingly collect information from children under the age of 13 without prior verifiable parental consent. JANM Kids does not request nor collect personally identifiable information from its visitors. Visitors to JANM Kids who are twelve years of age or younger are reminded to obtain the approval of a parent or guardian before supplying any personal information to this Site specifically or over the web generally.

Amendment of terms

The Museum reserves the right to revise this Privacy Policy from time to time without notice by posting a revised Privacy Policy on the Site. You may always review the most updated version of the Privacy Policy by checking this page. By continued use, you agree to be bound and to abide by such amended terms.