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LEGAL & PRIVACYAs part of its mission, the Fresno Metropolitan Museum (FMM) seeks to engage and inspire its audience by nurturing an appreciation for the interdependence of art and science through programs that create memorable learning experiences. FMM has created this Web site in support of its mission. Access to and use of this Web site and its contents are subject to the following terms and conditions and all applicable laws. BY ACCESSING AND BROWSING THIS WEB SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. FMM may revise these terms and conditions at any time and you are solely responsible for maintaining compliance with all current terms and conditions. COPYRIGHT FMM is committed to protecting the copyrights and other intellectual property rights of others and has taken all reasonable steps to ensure that all reproductions on this Web site are produced according to applicable laws. Subject to any valid third party rights, you, the visitor, hereby acknowledge and agree that, FMM retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, and all other content contained in this Web site (collectively "Materials"). Copyrights and other proprietary rights in the Materials found here may reside with individuals and entities other than FMM. FMM expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any Materials on this Web site, except for the purposes of fair use as defined in the copyright laws, and as described below. GENERAL USE Unauthorized reproduction, distribution, and exploitation of the Materials for personal or commercial gain is not permitted. Anyone wishing to use any of the Materials for commercial purposes, including publication, or any purpose other than fair use as set forth below, must request and receive prior written permission from FMM. FMM will review all written requests and permission may be granted on a case-by-case basis at the sole discretion of FMM and may be subject to a usage fee depending on the type and nature of the proposed use. Photographic and digital images of FMM objects may also be available through written request as indicated below. FAIR USE In accordance with the applicable copyright laws, the Materials may be used for limited personal, educational, and non-commercial purposes without written permission, provided that the source of Materials is cited. Unless otherwise noted, users who wish to download or print Materials from this Web site for such uses may do so without FMM 's express permission. Users must cite the Material as they would material from any printed work; the citation should include the URL "www.fresnomet.org" in addition to all copyright and other proprietary notices contained on the Materials. Certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by FMM. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and FMM will have no responsibility in connection with securing such necessary rights for any Materials. Any use of the Materials that does not qualify as fair use is subject to FMM's prior written approval, and the user must request and receive such approval prior to any use. TRADEMARKS The trademarks, trade names, logos and service marks ("Trademarks") displayed on this Web site, including "FMM," "ASK Science Center," and "The Met" are Trademarks of FMM. The Trademarks of third parties may also be displayed on the Web site and are the property of their respective owners. Nothing contained in this Web site grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of FMM or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited. LINKS This Web site may contain links to third party Web sites. FMM is not responsible for any content of any linked Web site. FMM provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked Web site. PRIVACY Your privacy is important to FMM. All information gathered from you in connection with your use this Web site will be governed by the provisions of the FMM Privacy Policy. Click here to view the complete Privacy Policy and learn more. DISCLAIMER FMM is under no obligation to monitor this Web site and assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the Web site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. FMM will fully cooperate with any law enforcement authorities or court order requesting or directing FMM to disclose the identity of anyone posting any such information or materials. DISCLAIMER OF WARRANTIES This Web site is provided to you "as is" and "as available" with no warranty. To the maximum extent permitted by law, FMM disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. FMM does not warrant, or make any representations that: (a) the Web site will meet your requirements; (b) the Web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the Web site will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the Web site will meet your expectations; or (e) the Web site or material accessible through the Web site is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the Web site, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. LIMITATION OF LIABILITY You expressly understand that in no event will FMM or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the Web site; (b) your reliance on any content on the Web site; (c) any goods or services purchased through use of the Web site; or (d) any goods or services advertised on the Web site; even if FMM or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you. JURISDICTION These terms and conditions are governed by the laws of the State of California. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Fresno, California. MISCELLANEOUS Section headings used in this document are for convenience only and do not have any legal effect. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by FMM to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of FMM. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of FMM and its successors and assigns. These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supercedes all prior agreements, written or oral, and/or contemporaneous communications regarding this Web site. CONTACT For questions, inquiries, or correspondence, please contact:
Fresno Metropolitan Museum PRIVACY POLICY The Fresno Metropolitan Museum (FMM) is concerned with the protection of the privacy of all Web site visitors and recipients of the e-newsletter. FMM respects your privacy and your choice not to have your personal information shared with other people. Your use of our Web site indicates your acceptance of the following Privacy Policy: FMM does not collect personally identifying data, such as names, addresses, email addresses, and the like, except when voluntarily submitted by Web site visitors for an online purchase; for a request to be added to our mailing list; and for event space rental inquiries. Any information collected is used to make our Web site more useful by helping us learn about the number of visitors to our site and the types of technology our visitors use. We do not track or record information about individuals and their visits. We may compile and report aggregate statistics about our users - such as numbers, traffic patterns, and related site information - but these statistics include no personally identifying information. DISCLOSURE OF INFORMATION FMM will not disclose or share any personal information you provide to FMM with any other party without your permission, except if requested to do so in accordance with a court order, subpoena, or similar legal order, and in the event such disclosure is necessary to protect the rights, property, and safety of FMM, its users, and other third parties. FMM will not sell, trade, or rent your personal information to others, On occasion, FMM may provide information to you from our marketing "partners" however your personal information will not be released to the "partner" and the "partner's" name or logo will be featured on the program materials. LINKS FMM may provide links to other third party Web sites, and other Web sites may provide links to the FMM Web site. Third party Web sites operate according to their own terms of use and privacy policies and FMM has no control over such third party Web sites. Therefore, you acknowledge and agree that FMM is not responsible for the availability of such third party sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that FMM will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, or other materials on or available from such sites. THIRD PARTY PROCESSING Online purchases are processed by a third party who handles all related ordering and processing of the products. The third party practices in connection with the ordering, processing, and delivery of products are subject to their own privacy policies. You should consult the privacy policies for online purchases at PayPal to ascertain the uses of the personal information submitted to this third party. CHILDREN FMM does not actively solicit personal information from children. Visitors 12 years of age and under should obtain an adult's permission before submitting any personal information to this site. CHANGES TO OUR PRIVACY POLICY FMM may amend this policy from time to time, in its sole discretion. If any substantial changes in the way FMM uses your personal information are made, FMM will post a prominent announcement on this Web site, however you are solely responsible for reviewing all current terms and conditions. CONTACT If you have any questions or concerns about this privacy policy, our online practices, or your dealings with this Web site, please contact:
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