Terms of Use

Service Agreement

Online Terms of Service Agreement

These Terms of Use set forth the terms and conditions for your use of the MoPOP.org website (the “Site”) of Experience Learning Community dba Museum of Pop Culture (MoPOP), a 501(c)(3) non-profit organization (collectively "MoPOP"). Except as otherwise provided in a written agreement signed by MoPOP and you, these Terms of Use and the Privacy Policy represent the entire understand between you and MoPOP regarding your use of the Site. MoPOP is providing you with access to the Site subject to these Terms of Use and the Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and the Privacy Policy.

The Site is to provide you with information about MoPOP’s exhibits, programs, and other topics of interest. We may maintain, update, change, alter, and delete the information on the Site and any service or material we provide on the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

We also reserve the right to change or discontinue any other aspect of the Site or these Terms of Use. Please check these Terms of Use from time to time as your continued use of the Site signifies your acceptance of any new terms. We will alert you that changes have been made by indicating on the bottom on the Terms of Use the date they were last updated. If you do not agree with the Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

PERSONAL AND NON-COMMERCIAL USE ONLY

Unless otherwise specified in writing by MoPOP, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site.

DISCLAIMER

ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. MoPOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MoPOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, MoPOP DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MoPOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MoPOP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF MoPOP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS

The Site may contain links to other sites that are owned and operated third parties other than MoPOP. MoPOP provides these links solely as a convenience. The appearance of a link does not imply MoPOP's endorsement, nor is MoPOP responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site.

Once you choose to link to another website, including, without limitation, to purchase tickets, merchandise or other items from MoPOP, you will be bound by the terms of use and privacy statement applicable to such website.

YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL MoPOP BE LIABLE IN ANY WAY FOR ANY ASPECT OF ANY THIRD PARTY WEBSITE OR ANY OTHER LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. MoPOP controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

POSTING; SUBMISSIONS

MoPOP accepts Personal Information for use in compiling MoPOP mailing lists and requests for information through the Site and the use of such Personal Information will be governed by our Privacy Policy. MoPOP cannot accept requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Except as otherwise agreed by MoPOP in writing and signed by a MoPOP authorized representative, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to MoPOP, using the Site or otherwise (the “Other Information”) will not be treated as confidential or proprietary and MoPOP will have no nondisclosure obligations or use prohibitions related to such Other Information. MoPOP does not claim ownership of such Other Information; however, by posting, uploading, inputting, providing or submitting such Other Information you are granting MoPOP, its affiliates and necessary sublicensees permission to use such Other Information in connection with the operation of MoPOP's businesses or otherwise. MoPOP reserves the right to reject any Other Information provided and to bar any user from the Site, for any reason, in MoPOP's sole discretion.

As a user of the Site, you may have the opportunity to participate in available forums to post information, suggestions, reviews, or comments about MoPOP's products or services. You agree you will not post any content on the Site that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. MoPOP reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. MoPOP takes no responsibility and assumes no liability for content posted by you or any third party.

By posting or submitting any content or Other Information, you warrant and represent that you own or otherwise control all of the rights to such Other Information as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, submit or post such information. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

NO UNLAWFUL OR PROHIBITED USE; INDEMNITY

You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any MoPOP server or the network(s) connected to any MoPOP server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless MoPOP, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these Terms of Use.

GENERAL PROPRIETARY RIGHTS

The Site is owned by MoPOP and contains material that is derived in whole or in part from MoPOP and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without MoPOP's express written permission.

COPYRIGHT

All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of MoPOP, or MoPOP's content suppliers and licensors, and are protected by U.S. and international copyright laws. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines.

TRADEMARKS

The Trademarks listed below and all logos, designs and symbols associated with such terms are trademarks of MoPOP and/or its affiliates. They may not be used in connection with any product or service other than those offered by MoPOP or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits MoPOP or its affiliates. All other trademarks are the property of their respective owners.

  • MoPOP
  • EMP Museum
  • EMP
  • EMP Museum of Music + Sci-fi + Pop Culture
  • EMP|SFM
  • Experience Music Project | Science Fiction Museum
  • Experience Music Project
  • Experience Learning Community
  • ELC
  • Experience Arts Camp
  • EAC!

NOTICE OF POTENTIAL INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to info@MoPOP.org.

APPLICABLE LAW

MoPOP operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

DISPUTES

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

TERMINATION

These Terms of Use shall remain in force until terminated by MoPOP. MoPOP may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that MoPOP, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue shall survive the termination of these Terms of Use.

MISCELLANEOUS

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

All rights not expressly granted herein are reserved.

Last updated: November 14, 2016