Please review the following terms and conditions carefully. This agreement is a legally binding contract between you (“You” or “Your”) and Dallas Holocaust Museum/Center for Education and Tolerance (“DHM/CET,” “We,” or “Us”) regarding Your access to and use of the DHM/CET website (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. DHM/CET reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes Your agreement to follow and be bound by the terms and conditions as changed.
a. upload, transmit, post, e-mail, or otherwise make available to the Site any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous, and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware equipment;
b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
c. impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d. attempt, through any means, to gain unauthorized access to the Site; or
e. use any robot, spider, other automatic device, or manual process to monitor or copy Web pages or the content contained herein without our prior expressed written permission.
The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images, or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by DHM/CET or other parties that have licensed their material to DHM/CET and is protected by copyright, trademark, and other intellectual property laws. DHM/CET disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own. Trademarks, logos, images, and service marks displayed on the Site are the property of either DHM/CET or other third parties. You agree not to display or use such marks without DHM/CET’s prior written permission.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, noncommercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Additionally, the use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
If any link is offered connecting You to a third-party website, it is as an accommodation to the respective third-party site owner and without charge. Websites linked to and from this Site are not necessarily under the control of DHM/CET, and DHM/CET shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. DHM/CET does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third-party sites linked to this Site, You do so entirely at Your own risk.
All donations to the DHM/CET are final. All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED ON THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HFTH OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HERE. HFTH MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL. SELF-HELP INFORMATION AND INFORMATION FROM THIS SITE IS USEFUL, BUT IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ASSISTANCE.
DHM/CET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF THE USE OF THE SITE, THE CONTENT ON THE SITE, THIRD-PARTY WEBSITES LINKED TO THIS SITE AND THE CONTENT THEREIN, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY THROUGH THE SITE, OR THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE SOLE AND MAXIMUM LIABILITY TO HFTH ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED.
You agree to indemnify, hold harmless, and release DHM/CET, its officers, agents, licensees, co-branders or other partners, and employees from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein.