Terms of Use

1. INTRODUCTION

1.1 Agreement  Welcome to www.mocanyc.org (the "Site").  Your access to and use of the Site is subject to the following terms and conditions and all applicable laws.  By accessing and using the Site, you agree to these Terms of Use.  If you do not agree to these Terms of Use, please exit the Site immediately.

1.2 Modification  The Museum of Chinese in America ("MOCA") shall have the right to amend or modify the Terms of Use or impose new conditions at any time with or without notice.  Any such changes or additions will be reflected by an update of this posting.  Please check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes to these Terms of Use will constitute your acceptance of any such changes.

2. USE OF SITE

2.1 Copyright  The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by MOCA or licensed by third parties ("Licensors") to MOCA, subject to copyright and other intellectual property rights under the law. MOCA and the Licensors retain all rights, including copyright, in the Content on the Site and the files related thereto.

2.2 Approved Use Content on the Site is provided to you as is for your information and personal use only.  Unauthorized commercial use or publication of Content contained in the Site is specifically prohibited.  Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for commercial use, publication or any other purposes whatsoever without the prior written consent of MOCA.  Written consent by MOCA for such use is granted on a case by case basis at the sole discretion of MOCA and Licensors.  MOCA reserves all rights not expressly granted in and to the Content.

2.3 Security Features You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

2.4 Permission for Reproduction To request permission and written consent from MOCA for reproduction of materials contained on the Site please write to:

Museum of Chinese in America
70 Mulberry Street, 2nd Floor
New York, NY 10013

Alternatively, requests may be sent via e-mail to: info@mocanyc.org

3. MODIFICATION OF SITE OR CONTENT

3.1 Right to Modify MOCA continuously updates and changes the Site's Content, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any aspect or feature of the Site with or without notice.  Through your use of the Site, you agree that MOCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or its Content.

4. LINKING POLICY

4.1 No Liability for Linked Content The Site includes links to other online sites which are operated by third parties with no affiliation with MOCA.  These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.  MOCA has not reviewed the information on other sites and is not responsible for the content of any other sites or any products or services that may be offered through other sites.  Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.  Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.  By clicking on any such link, you acknowledge that MOCA has no control over, and makes no representation of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against MOCA with respect to such other sites.  Any concerns regarding any external link should be directed to that site's site administrator or Webmaster.  You may also advise MOCA of any non- or malfunctioning site.

5. REMEDIES

5.1 Remedies Upon your breach of any of these Terms of Use, in addition to any remedies set forth in any license agreement, MOCA's remedies shall include any monetary benefits that accrued to you or to the authorized users as a result of the breach, any damages incurred by MOCA related to such breach, and any other damages and relief available at law or in equity.

6. USER CONTENT SUBMITTED TO MOCA

6.1 Your User Submissions You may submit, post, display, e-mail or transmit to the Site photos and textual content ("User Content").  Any User Content submitted, posted, displayed, e-mailed or transmitted to the site is collectively referred to as "User Submissions."  You understand that whether or not such User Submissions are published by MOCA, MOCA does not guarantee any confidentiality with respect to any User Submissions.

 

6.2 License Grant Unless otherwise stated in a written agreement between you and MOCA, with respect to all such User Submissions you elect to submit, post, display, e-mail, or transmit to the Site, you hereby grant MoCA, its affiliates, and licensees a worldwide, royalty-free, perpetual, irrevocable, non- exclusive and fully sub-licensable right and license to use, reproduce, adapt, reformat, perform, display, transmit, publish, translate, prepare derivative works of, distribute and take any other action (including destroying User Content) with respect to any and all User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed.

 

6.3 Representations And Warranties With Respect to Content Submitted. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.  In connection with User Submissions, you affirm, represent and warrant that: (a) you own or have the full right, power and authority to grant to MOCA the use of and rights, including all patent, trademark, trade secret, copyright or other proprietary rights, in and to any and all User Content, whether owned by or licensed to you by a third party; (b) your license of User Content to MoCA hereunder does not, and the license of User Content by MoCA to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to any and all User Content contained in any and all User Submissions.

 

6.4  Rights in User Content Submitted  The Site may allow you to submit materials, information or other content, designed, or authored by you, for possible inclusion on the Site as a User Submission, including for download and use by others. MOCA shall not be responsible for any User Content that you e-mail or otherwise transmit to or via the Site.  You agree that you will not knowingly submit User Content that infringes any proprietary rights of others or that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission and authorization from their rightful owner to use and post the material and grant to MOCA all of the license rights granted herein, or that violates any of these Terms of Use, including the "Use of Site" provisions herein. MOCA is under no obligation to post or to use any such content you may provide and may remove any such content at any time in MOCA's sole discretion.  User-Submissions may be edited for length and grammar. User Submissions may be deleted at discretion of MOCA for any reasons.  Images included in User Submissions may be resized and/or cropped.

 

6.5 User Submissions You understand that when using the Site, you will be exposed to submissions from a variety of sources ("Other Users' Submissions"), and that MOCA is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Other Users' Submissions.  You further understand and acknowledge that you may be exposed to Other Users' Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against MOCA with respect thereto.

7. LIMITATION OF LIABILITY

7.1 Limitation of Liability To the fullest extent permitted under applicable law, you understand and agree that: (a) MOCA and its respective trustees, agents, officers, directors, partners, employees, shareholders, affiliates, and successors; and (b) any third party involved in creating, producing or delivering the Site or Content shall not be liable for any indirect, incidental, special, consequential, punitive or any other damages relating to or resulting from your use or inability to use the Site or Content, or any other site, content or services you access through a link from the Site, or from any actions we take or fail to take as a result of electronic or other messages you send us.  These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.

8. INDEMNITY

8.1 Indemnity  You agree to indemnify and hold harmless MOCA, its trustees, agents, officers, directors, partners, employees, shareholders, affiliates, and successors to the fullest extent allowed by law from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to User Content, including information, data, text, software, music, sound, photographs, images, graphics, video, messages and any other content you submit, post, display, e-mail or transmit through the Site, or your violation of the Terms of Use.  You further agree to indemnify and hold harmless MOCA, its trustees, agents, officers, employees, shareholders, affiliates, and successors to the fullest extent allowed by law regarding all matters related to your use of the Site. You shall cooperate as fully as reasonably required in the defense of any such claim or demand.

9. YOUR LIABILITY

9.1 Your Liability If you cause a technical disruption of the Site or Content or the systems transmitting them to you or others, you agree to be responsible for any and all liabilities, costs and expenses (including attorneys' fees) arising from that disruption. 10. CHOICE OF FORUM, CHOICE OF LAW, AND JURISDICTION 10.1 Choice of Forum, Choice of Law, and Jurisdiction These Terms of Use shall be construed in accordance with the laws of the State of New York applicable to agreements that are executed and fully performed within said state. All disputes arising out of these Terms of Use shall be exclusively resolved and adjudicated in the federal and state courts of New York.  Each of the parties hereby submits to the exclusive jurisdiction and venue of said courts and waives its rights to have disputes arising out of these Terms and Conditions adjudicated in any other forum.

10. CHOICE OF FORUM, CHOICE OF LAW, AND JURISDICTION

10.1 Choice of Forum, Choice of Law, and Jurisdiction These Terms of Use shall be construed in accordance with the laws of the State of New York applicable to agreements that are executed and fully performed within said state. All disputes arising out of these Terms of Use shall be exclusively resolved and adjudicated in the federal and state courts of New York.  Each of the parties hereby submits to the exclusive jurisdiction and venue of said courts and waives its rights to have disputes arising out of these Terms and Conditions adjudicated in any other forum.