Term. This Agreement shall remain in full force and effect while you use the Site. You may terminate your use of the Site at any time, for any reason, and the Foundation may terminate your use of the Site at any time, for any or no reason, with or without prior notice or explanation.
Ownership. The Site is owned and operated by the Foundation. All elements of the Site, including the content and the general design are protected by copyright, trademark, trade dress and other U.S. and international laws or treaties relating to intellectual property. The text, images, and data, including without limitation audio and video clips, interviews, images, text, software, documentation, and other media or information contained on the Site (collectively, the "Content") are protected by copyright, and may be subject to other restrictions as well, including, but not limited to, trademark rights and rights of privacy and publicity, under applicable law. The Foundation, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the Content on the Site. The Foundation fully supports the protection of intellectual property and is committed to complying with and strictly adhering to all applicable copyright law. The Foundation respects the right to privacy of individuals and groups and is committed to complying with and strictly adhering to all applicable legal requirements in protecting that privacy. The Foundation is committed to strictly adhering to provisions embodied in agreements with donors of collections. If you believe that the Site contain elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in the Foundation’s Digital Millennium Copyright Act (DMCA) Notice Policy.
Trademarks. The trademarks, online logomarks, and service marks ("the Trademarks") displayed on the Site, including THE PRINCESS AND THE PLATYPUS FOUNDATION, are registered and/or unregistered Trademarks of the Foundation. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of the Foundation or any third party owner. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
Copyright. The Foundation credits known copyright holders and conducts research regarding the copyright status of works in the Foundation’s collection. If you have any knowledge about rights holders of any of these works, please contact the Foundation’s Rights and Reproductions Department at email@example.com. For details and information concerning the Foundation’s use of copyrighted materials, please refer to the Foundation’s Policy Relating to the Use of Copyrighted Materials and Works of Art.
Restrictions. The Foundation expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of the Content. The Site is to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright, trademark, service mark, or other notices contained on the Site. Except as expressly authorized by the Foundation, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of the Foundation or the owner of the Content if the Foundation is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. The Foundation requires users to respect its copyrights, trademarks, and other intellectual property rights and the Foundation likewise respects the intellectual property of others. If you believe that the Site contain elements that infringe your copyrights or other intellectual property rights, please follow the procedures set forth in the Foundation’s Digital Millennium Copyright Act (DMCA) Notice Policy.
DISCLAIMER AND LIMITATION OF LIABILITY. While the Foundation uses reasonable efforts to include accurate and up-to-date information on the Site, the Foundation makes no representations or warranties whatsoever as to its accuracy, functionality, or operation and your use of and browsing in the Site are at your own risk. The Foundation assumes no liability or responsibility for any errors or omissions in the Content or the Site. You understand and agree that, to the fullest extent permissible by law, the Foundation and its licensors, suppliers, service providers, or any other party involved in creating, producing, delivering, or maintaining the Site shall not be liable for any loss or damage of any kind, including, but not limited to, any direct, incidental, consequential, indirect, special or punitive damages, in connection with or arising out of your access to, or use of, the Site, or from this Agreement.
Accordingly, and without limiting the foregoing, ALL CONTENT ON THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, and the Foundation assumes no responsibility, and shall not be liable for, any malicious code, delays, inaccuracies, errors, omissions, damages to, or viruses that may infect, your computer equipment or other property arising out of your access to or use of the Site. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE AND CONTENT ASSOCIATED WITH YOUR USE OF THE SITE.
No Representation. Any views, information, or opinions expressed in any of the Content are solely those of the individuals involved and do not necessarily represent those of the Foundation. As set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, the Foundation is not responsible for and does not verify the accuracy of any of this information.
Communications. 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, non-confidential and non-proprietary. Anything you transmit or post may be used by the Foundation or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like.
Permissions. Any party wishing to use any of the Content from the Site must request and receive prior written approval from The Foundation. Permission for such use is granted on a case-by-case basis. The Foundation reserves the right not to grant permission to use its Content, and does not grant permission to use Content of third parties.
Links. The Site may provide links to third-party websites that may offer various products, services, and/or information. The Foundation has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. You should be aware that your use of these third-party websites may be subject to separate terms and conditions, information collection practices, and other provisions. The Foundation provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site. The Foundation does not endorse, nor is it responsible for, any of the products, services, or content offered in any third-party sites. Before using any third-party service, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.
Content Provided by Users. Although the Foundation may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, the Foundation is under no obligation to do so and, as more fully set forth above in the DISCLAIMER AND LIMITATION OF LIABILITY, the Foundation assumes no responsibility or liability arising from the Content or any user content, nor for any error, defamation, libel, slander, infringement, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
Indemnity. You agree to indemnify, defend, and hold the Foundation harmless from and against any and 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 or any of its Content.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE POLICY
For purposes of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA") the Foundation has designated an agent (the “Designated Agent”) for notification of claimed infringement with the United States Copyright Office in accordance with the terms of the DMCA, and reserves the right to avail itself of the protections under the DMCA. The Foundation also reserves the right to remove any content from the Site, including any content alleged to infringe any third-party copyright.
If you are a copyright owner or an agent thereof and believe in good faith that any Content on the Site infringes upon your copyrights, you may submit a notification to our Designated Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Foundation to locate the material;
Information reasonably sufficient to permit the Foundation to contact you, such as an address, telephone number, and, if applicable, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or pursuant to applicable law; and
A 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed with the Foundation against you, that your content was removed (or access to it was disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, you may send a counter-notice containing the following information to our Designated Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
Notices and counter-notices with respect to the Site must be in writing and directed by email to the Foundation’s Designated Agent at DMCA@theprincessandtheplatypus.org and by regular mail to Rights and Reproductions/Copyright Agent, The Princess & the Platypus Foundation, 2880 Rowena Ave, LA CA 90039, Attn: DMCA Notice. The Foundation provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance. We suggest that you consult your legal advisor before serving a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Sending the Foundation Personal Information. If you send the Foundation Personal Information—by submitting an email, completing an online form or survey, requesting materials or information, making a donation, or choosing to become a member—the Foundation will use this information to respond to your inquiry or request. The Foundation may also use it to contact you to provide information about other Foundation activities, programs, membership and fundraising opportunities, products, and special events that may interest you. You may browse the Site without registering or submitting Personal Information. When we send you communications regarding Foundation programs and activities, you will always have an immediate opportunity to decline further communications by unsubscribing. You may also opt-out of having your information used by the Foundation for these purposes, or you may update your contact information anytime, by contacting us via the following email or postal mail addresses:
The Princess & the Platypus Foundation
2880 Rowena Ave, LA CA 90039
Information Collected. If you sign up for a mailing list, create an account, choose to become a member, or make a donation, you may be asked to provide your name, email address, phone number, and how you heard of the Foundation. If you post information on a public space on the Site, we may also collect that information. The Foundation may also collect usage information, for example, browser information, location information, what website led you to the Site, and what website you visit upon leaving the Site. To learn more about the Foundation’s information collection practices, please read the Foundation’s Cookies Policy.
Support the Foundation. The Foundation provides users with the opportunity to purchase memberships online, and to make contributions and donations to our organization. The user will then be provided a link to a website powered by a third-party service provider in order to process payment transactions. To learn more about the Foundation’s use of third-party service providers, please read the Foundation’s Cookies Policy.
The Princess & the Platypus Foundation
2880 Rowena Ave LA CA 90039
Cookies. Cookies are small files that are stored on your device and that store certain settings and data. Cookies generally are used to perform one or all of the following:
Authentication: Cookies help websites determine if a user is logged in, and then deliver the right experience and features to that unique user.
Security: Cookies help impose security measures on a website. They also help detect unusual and suspicious activities.
Advertising: Cookies deliver a better advertising experience for both users and advertisers. Cookies help connect advertisers to users who are most interested in their products based on the user’s browsing history.
Performance: Cookies help websites learn how services work for different people and how to route traffic between servers.
To learn more about cookies, you may visit https://www.allaboutcookies.org/.
Questions. Questions about this Cookies Policy can be directed to:
The Princess & the Platypus Foundation
2880 Rowena Ave, LA CA 90039
USE OF COPYRIGHTED MATERIALS AND WORKS OF ART POLICY
The Foundation (1) does not hold the copyright to many of the works displayed in the collection at The Princess Diana 3D Virtual Museum and/or The Foundation websites (collectively named "Site" and/or "website"), and respects the intellectual property rights held by artists, their estates, and other rights holders. Every effort has been made to accurately determine the rights status of works and their images. For copyrighted works with a known rights holder, a copyright notice is displayed under any available images and as part of the record for the work. Sometimes the rights holder for a work cannot be identified or located despite a good-faith diligent search conducted by the Foundation and for some works, copyright research is still incomplete. Please contact Foundation’s Rights and Reproductions Department at firstname.lastname@example.org if you have information on the rights status of a work that is contrary or in addition to the information in our records. If you believe in good faith that any Content on the Site infringes upon your copyrights, please follow the procedure set forth in the Foundation’s Digital Millennium Copyright Act (DMCA) Notice Policy.
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. You may use this Site for noncommercial educational and personal use and for “fair use” as authorized under law, provided that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials.
THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT THE FOUNDATION’S RIGHTS IN COPYRIGHTED WORKS, NOR WITH RESPECT TO YOUR RIGHT TO USE ANY MATERIALS, INCLUDING WORKS OF ART, ON THE SITE. It is your sole responsibility to (a) determine if it is necessary or prudent to obtain any third party rights or permissions for your use and/or if the fair use doctrine or other legal defense is applicable to your use, and (b) identify and obtain whatever copyright or other permissions may be required (if any) from an artist, agent, estate, or any other third party rights holder or representative. You agree to fully indemnify and hold harmless the Foundation against any and all claims, demands, liabilities, damages, and/or expenses of any nature, including, without limitation, reasonable attorney fees, arising out of or related to your use of the Site or any Content.