You can visit our Website and use/access some all of its features and functionality without being required to register or provide us with any personal information. However, if you want to track your donations or to join the “Artists Registry,” you will need to register and setup an account with the Foundation. As part of the registration process, you will also be asked to provide certain information about yourself, including name and email address, and you will need to create a user name and password. The username and password that you provide are your credentials ("Credentials"), and you will use these Credentials in order for the Foundation to authenticate you as a registered user of our Website. You may not have more than one active set of Credentials. You are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. You are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately – by emailing us at info@911Memorial.org – of any unauthorized use of your account or any other breach of security. Alternatively, you can register via your Twitter credentials, in which case you will be required to share with us those credentials. Please note that if you register via Twitter, the Foundation will have access to all information related to your Twitter, as permitted by Twitter’s policies and Twitter’s privacy settings, and you hereby assent to any such access; if you have any questions or concerns about such access, then we suggest you review Twitter’s policies and your privacy “settings and designations” prior to registering with us. Additionally, if you wish to make a donation, purchase tickets online for the 9.11 Museum or the 9.11 Memorial, then you will need to provide additional information, as described below under “Payment Transactions.”
The Foundation Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with your parent or guardian permission and supervision. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website; if you are younger than18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to conduct any financial transactions. Please note that we also reserve the right to restrict any volunteering opportunities to those who are at least 18 years of age.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
The Foundation hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Foundation or as otherwise explicitly permitted. This license does not include i) any resale or commercial use of the Content, or ii) any derivative use of the Content. The use of such Content including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, does not permit any changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such Content will be granted or transferred to you as a result of any permitted use of such Content. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Foundation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Foundation without the Foundation's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Foundation's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by the Foundation.
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of the Foundation or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of the Foundation and is protected by U.S. and international copyright laws. Any unauthorized use of Content, text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Foundation does not warrant or represent that your use of Content, or any other materials or information displayed on this Website will not infringe rights of third parties.
The Foundation respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to this site from those that infringe on the rights of others. Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the Foundation has designated an agent to receive notifications of claimed infringement, as described in our Copyright Policy. If you believe that any Content on this Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please contact the agent designated below. In your notice to us, you must do the following:
Our designated agent contact is:
200 Liberty Street, 16th Floor
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Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of the Foundation or one of its affiliates. FOR EXAMPLE, NATIONAL SEPTEMBER 11 MEMORIAL MUSEUM®, NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM®, NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM AT THE WORLD TRADE CENTER®, the NATIONAL SEPTEMBER 11 MEMORIAL & MUSEUM AT THE WORLD TRADE CENTER® logo, and the 9/11 MEMORIAL® logos, are registered trademarks of the Foundation. Additionally, the Foundation logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Foundation. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Foundation.
All remarks, suggestions, ideas, graphics, or other information communicated to the Foundation through this site (“Submissions”) will forever be the property and intellectual property of the Foundation. You hereby agree to irrevocably assign to the Foundation all right, title and interest worldwide in and to such Submissions. Unless the Foundation expressly states to the contrary, the Foundation will not be required to treat any Submission as confidential. Further, the Foundation will be entitled to use any submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. This site may contain other terms governing submissions, which shall also apply, and which shall govern in the event of a conflict between such terms and these terms.
The Foundation Website provides a number of opportunities to support us - such as making a donation, becoming a member of the 9.11 Museum or making a purchase from our online store. The Foundation engages the services of a variety of payment services providers to process all donation/payment transactions, including managing the routing of applicable customer information through the credit card and electronic check processing networks. The Foundation is not affiliated with these providers, and we are not responsible in any way for the actions or performance (or lack thereof) of any of these providers. Accordingly, the Foundation expressly disclaims responsibility and liability for all services provided by any such providers, including those related to donation/payment transactions, and you hereby agree that the Foundation shall not be responsible for any loss or damage of any sort incurred as a result of such services. Please also note that these providers will have access to the information you provide to them when making a donation/payment transaction, and the use of such information will be governed by the privacy practices and policies of such providers. You hereby acknowldege and agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions final and non-refundable. If you have any questions regarding any payment transaction, please contact us by phone at (212) 312-8790 or by email at firstname.lastname@example.org.
BLOGS; ACCEPTABLE USE FOR BLOGS
Our Website contains Blogs (“Blogs”). The content, view and opinions published in Blogs written by our personnel or contributors – or from links or Blogs that we post on the Website from other sources - belong solely to their respective authors and do not necessarily reflect the views of the Foundation, its management or employees. Comments or opinions expressed on the Blogs are those of their respective contributors only. The Foundation is not responsible for, and disclaims any and all liability for the content of comments written by contributors to the Blog. We permit visitors to our Website to post comments in response to the Blogs. Please remember that the open and real-time nature of the comments posted to these Blogs makes it is impossible for the Foundation to confirm the validity of any content posted, and though we reserve the right to review and edit or delete any such Blog comment, we do not guarantee that we will monitor or review. As such, we are not responsible for any messages posted or the consequences of following any advice offered within Blog posts. If you find any posts in these Blogs to be offensive or objectionable, please contact us via email at email@example.com and reference the relevant Blog. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.
By submitting a response, comment or content related to a Blog, you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of the Foundation. By using these Blogs, you agree to the following:
• By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Blogs (collectively, the "Blog Content"), you grant the Foundation, its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the response, comment or content in any media or medium, or any form, format, or forum now known or hereafter developed.
• If you contribute any graphic images or photographs, you accept all liability for any issues that may arise from such Blog Content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise authorized to post such material. • You will not post any material that is knowingly false, misleading, or inaccurate.
• You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in your Blog Content, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content.
• You will respect other people's right to personal privacy and will not post any other person's identifying information (including their names, contact information or any other relevant information) within the Forum but your own.
• You will not use these Blogs to violate any laws nor to discuss illegal activities.
• You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users.
• You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or by these Blogs.
• You will not use these Blogs for the purposes of sharing or distributing viruses, licenses, registration information, software keys, "cracks," or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.
• You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited in the Blogs. You will not, furthermore, collect personal information about Blog members for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).
• You will not post messages that are clearly outside of the stated topic of any Blogs nor disrupt a Blog by deliberately posting repeated irrelevant messages or copies of identical messages (also known as "flooding").
• You will not attempt to access any protected sections of the sites or Blogs, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Blog software at any the Foundation site.
• You will, if asked by a representative of the Foundation, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste.
We reserve the right to delete any message and/or restrict posting rights in our Blogs for any reason whatsoever. Should you continue to post messages that violate the rules of the Blogs your account may be terminated, your access to the Blogs may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Foundation to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Foundation. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Foundation representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise; h) violate any applicable local, state, national or international law; i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) delete or revise any material posted by any other person or entity; k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage at www.911Memorial.org in accordance with the limited license and site access outlined above; l) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; m) harvest or otherwise collect information about others, including e-mail addresses; or n) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. The Foundation reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. The Foundation may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT
SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS
The Foundation Website is hosted in the United States. If you are a non-U.S. user of the the Foundation Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Webiste and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.
We make no representations that the Website and any and all information contained therein, including any Content, is appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Foundation to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related services, information or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.
The Blogs, Content, materials, resources and other information contained on this Website has been prepared by the Foundation as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Foundation has used reasonable efforts in collecting, preparing and providing such Blogs, Content, materials, resources and other information, but makes no warranty, representation or guarantee of any kind about the accuracy, completeness, suitability or adequacy of the Blogs, Content, materials, resources and other information contained in or linked to this Website or any other Website maintained by the Foundation.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL BLOGS, CONTENT, RESOURCES, MATERIALS, AND OTHER INFORMATION ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF – INCLUDING ALL BLOGS, CONTENT, RESOURCES, MATERIALS, AND OTHER INFORMATION - WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. THE FOUNDATION MAKES NO WARRANTY THAT THE WEBSITE, BLOGS, CONTENT, RESOURCES, MATERIALS, AND OTHER INFORMATION IS ACCURATE, TIMELY, NON-OFFENSIVE, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE ADDRESSED OR CORRECTED. LIMITATION OF LIABILITY IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE FOUNDATION WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE OPPORTUNTIES, CONTENT, THE BLOGS OR BLOG CONTENT, OR ANY OTHER MATERIALS, SERVICES OR INFORMTION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE FOUNDATION, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE FOUNDATION AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GOVERNING LAW AND JURISDICTION
YOU AND THE FOUNDATION AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE FOUNDATION WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE FOUNDATION ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE FOUNDATION FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE FOUNDATION, AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Foundation shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of out contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.