Website License
A limited license granted by TBM allows for restricted access to our site, including our online store. Modifications and/or downloading (except for page caching) of content from our site is forbidden without express written consent from TBM. Not included in this restricted license is the collection and use of any product descriptions, prices, or listings; any derivative use of our site or its content; any commercial use or resale of our site or other content; any use of data mining robots, or similar culling and information collection devices. No portion of our site or other content may be copied, duplicated, reproduced, visited, sold or resold, or otherwise exploited for any commercial purpose without the express written consent of TBM. Restricted, nonexclusive and rescindable rights to create a hyperlink to our site is permissible so long as the link does not portray TBM, our products or our affiliates in a derogatory, false or misleading manner. No part of that link can use any logo or other proprietary graphic or trademark of TBM. Without express written consent, you may not frame or use framing techniques to enclose any content, trademark, logo or other content of TBM and our affiliates. Any unauthorized use of our site terminates the permission or license granted by The Banning Museum.
Pricing
We reserve the right to change any price at which we offer our goods and to correct any errors in the pricing contained in our site and online store. We shall have no liability for any such changes or errors and are not bound to fulfill orders at old or erroneous pricing.
Transfer of Risk and Title
When you order a product at thebanningmuseum.org, the purchase is pursuant to a shipment contract. That means once we deliver your purchase to the shipping company, the risk of loss and title of your purchase passes to you.
Email, Comments, and Other Communications
TBM encourages comments, suggestions, testimonials and photographs. You guarantee and depict that any comment, suggestion, photograph and other communication you submit is accurate, solely owned or controlled by you and that it does not violate these Terms and Conditions of Use. You will indemnify TBM and its affiliates from all claims resulting from the use by TBM of content or communications you’ve provided. Unless otherwise noted, when you submit any content to us you grant an irrevocable, nonexclusive, perpetual, royalty-free and fully sub licensable right to modify, adapt, distribute, display, translate, create derivative works from, use, reproduce and publish such content throughout the world in any media. By submitting such content or communications to us, you also cede the right to TBM and its affiliates and any sub licensees to identify you as the author of such content or communication. If any such communication is deemed illegal, defamatory, injurious, threatening, an infringement of intellectual property, or otherwise harmful to TBM, our affiliates or any third parties, then TBM reserves the right not to publish or otherwise communicate such content.
Other Websites
We may provide links to other websites which are not owned or operated by TBM. When visiting these websites, you should review their policies. TBM is not responsible for the inspection or evaluation of these websites and we do not warrant the offerings of any of these enterprises or individuals or the content of their websites; therefore TBM does not assume any responsibility or liability for actions, product and content relating to these or any other enterprises or individuals.
Copyrights
Content generated by TBM, such as text, web pages, email communications, banner advertisements, graphics, photography, logos, button icons, images, video, audio clips and software, is the property of TBM or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on our site, including our online store is the exclusive property of TBM. All software used to present and manage our site and online store is the property of TBM or its software suppliers. All such materials are protected by United States and International copyright laws. You may use the content and software published on our site as a shopping and information resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of our content or software is strictly prohibited.
Trademarks
All trademarks, service marks and trade names employed by TBM are proprietary to TBM or other respective owners that have granted TBM the right and license to use such trademarks, service marks and trade names. The Banning Museum and all its logos are registered trademarks of The Banning Museum. TBM, and other logos, button icons, scripts, service names, phrases, page headers and graphics are trademarks or trade dress of TBM which are protected by United States and International trademark laws. Without express written consent, TBM’s trademarks and trade dress may not be used in connection with any product or service that is not owned by TBM, in any manner that is likely to cause confusion among our customers or guests, or in any manner that disparages or discredits TBM. The use of Meta tags or any other concealed text or search words exploiting the name or trademarks of TBM is expressly forbidden. To the extent you have in any manner violated or threatened to violate TBM’s intellectual property rights, TBM may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Any other trademarks that appear on our site that are not owned by TBM or its subsidiaries are the property of their respective owners, who may or may not be associated with TBM or its subsidiaries.
Disclaimer
TBM does not warrant or make any representations of any kind, express or implied as to the validity, correctness, accuracy, currency, timeliness, completeness of the information contained in this website, nor shall it be liable or responsible for any claim or damage, direct or indirect, special, consequential or otherwise arising out of the interpretation, use or reliance upon, authorized or unauthorized, of such information. Price and availability information is subject to change without notice. All orders are subject to acceptance, verification and confirmation by TBM. TBM will not be liable for any damages of any kind arising from the use of our site or online store, including but not limited to direct, indirect, incidental, punitive and consequential damages. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion. If you feel a product received by you from TBM is not as described, your only course of action is to return the product within 10 days of the date product was received.
Applicable Law
Use of this website, including the Terms and Conditions of Use set out herein, shall be governed by and construed in accordance with the laws of the State of California, USA and the Courts of the State of California, USA shall have exclusive jurisdiction over any dispute arising out of your use of this website.
Severability
If any of these Terms and Conditions of Use shall be regarded as invalid, void, or for any reason unenforceable, that terms or condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining terms and conditions.
Modification and Termination
TBM may modify or terminate these Terms and Conditions of Use at any time and may do so without notice or cause. Information collected under prior policies will be subject to the modified policies. TBM may also withdraw any rights it has granted to you and deny you access. In such event, you must promptly destroy all materials downloaded or otherwise obtained from our site, as well as copies of such materials, whether made under the terms of these Terms and Conditions of Use or otherwise.
Contacting Us
For details on how we protect your information, please read our Security Statement. For information regarding how we receive and manage information at The Banning Museum, please read our Privacy Policy. If you have any further questions regarding the operation of our site, please contact our Customer Care Team at info@thebanningmuseum.org.