Terms & Conditions
Terms & Conditions
The Yerkes Future Foundation (the “Observatory”) provides www.yerkesobservatory.org and its subdomains (including websites accessed through mobile devices as well as downloadable mobile applications) and application program interfaces (“APIs”) (collectively, the “Websites”) in support of the Observatory’s mission. By accessing the Websites, users agree to be bound by the following terms and conditions, which the Observatory may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
1) Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the “Materials”) are proprietary to the Observatory or are those that the Observatory believes to be in the public domain. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Observatory.
2) Trademarks. Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites, are registered and/or unregistered marks of the Observatory. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting any license or right to use any Trademarks displayed on the Websites without the express written permission of the Observatory or any third party that may own the Trademarks displayed on the Websites. Without limiting the foregoing, the Trademarks may not be used in an URL. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
3) Authorized Uses. Materials the Observatory believes to be under copyright or other restrictions are available for limited noncommercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any work, and the citations should include the URL “www.metObservatory.org,” but not in any way that implies endorsement of the user or the user’s use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the Observatory’s or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Observatory. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.
All rights not expressly granted herein by the Observatory are specifically and completely reserved.
4) User Responsibility. From time to time the Observatory may invite users to share content. Please know that shared content will be reviewed by Observatory staff and may be reproduced by the Observatory in all media now known or hereinafter devised.
5) Security. If now or in future users are invited to create accounts and passwords on the Websites, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage the Websites and their content.
6) User-Generated Content. By posting content, including but not limited to comments, photographs, product reviews, and links to external sites, on the Websites, you agree to avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party’s rights, including privacy, copyright, trademark, or patent.
It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate law. The Observatory shall have the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever. Access and accounts of repeat infringers will, in appropriate circumstances, be terminated. The Observatory does not warrant that the use of the materials on the Websites will not infringe the rights of any third party, and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in information within such locations of the Websites.
Please note: the Observatory will not remove comments upon a user’s request. By submitting comments, including through email links, users acknowledge that they will be posted on the Internet. Users grant the Observatory the right to quote from comments in all media now known and hereinafter devised. By posting or distributing information or material on the Websites, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.
7) Purchasing on the Websites. The Observatory has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.
9) Links to Third-Party Sites. The Observatory has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. The Observatory provides these links as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by the Observatory.
11) Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Websites 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 USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Observatory may update, change, or delete content at any time. The Observatory makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Observatory assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Observatory may discontinue or take down the Websites or any section or Material within the Websites at any time.
12) Limitation of Liability. NEITHER THE OBSERVATORY, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE OBSERVATORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
13) Digital Millennium Copyright Act (DMCA). The Observatory is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact the Observatory immediately to report any concerns of infringement by providing notice to the Observatory’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to firstname.lastname@example.org.
14) Indemnity. The user agrees to indemnify, defend, and hold the Observatory and its respective supervisors, trustees, officers, agents, and employees 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 Websites or any of its Materials.