Terms of Use / Privacy Policy

TERMS OF USE

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE NATIONAL SEPTEMBER 11 MEMORIAL AND MUSEUM AT THE WORLD TRADE CENTER FOUNDATION, INC. (THE “FOUNDATION,” OR “WE” OR “US” OR “OUR”). WE ARE THE OWNERS OF THIS WEBSITE- LOCATED AT WWW.911MEMORIAL.ORG– AS WELL AS A VARIETY OF OTHER WEBSITES THAT MAY BE LINKED TO THESE TERMS OF USE (COLLECTIVELY, HERINAFTER REFERRED TO AS THE “WEBSITE”). THIS WEBSITE PROVIDES USERS WITH ACCESS TO A VARITETY OF INFORMATION, INCLUDING ENEWSLETTERS, TEACHING GUIDES, LESSON PLANS, AUDIO FILES AND OTHER RESOURCES AND MATERIALS, WORKS OF AUTHORSHIP, AND OTHER CONTENT (THE “CONTENT”), AND A VARIETY OF OPPORTUNITIES TO SUPPORT OUR ORGANIZATION, INCLUDING THROUGH MAKING A DONATION OR BECOMING A MEMBER OF THE NATIONAL 9/11 MUSUEM, AND WE ALSO PROVIDE VOLUNTEERING OPPORTUNITIES. YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE” OR “TOU”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT WWW.911MEMORIAL.ORG, WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY THE FOUNDATION. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED OR UPDATED BY THE FOUNDATION FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

REGISTRATION
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.”

AGE REQUIREMENTS
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
Copyright
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.

Copyright Notice
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:

  • Give enough information to enable the Foundation to contact you regarding your complaint, including your name, address, telephone number and e-mail address, if available. 
  • Identify the material(s) and/or work(s) that you claim are being infringed upon on this site and the material(s) that are causing such infringement, and give enough information (such as a web page address) to locate such material(s) or work(s) within the site.
  • State that you have a good-faith belief that use of the material(s) or work(s) in question is not authorized by the copyright owner, its agent or the law. 
  • State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right unde the copyright) in the material(s) or work(s) that you claim in (2) above are being infringed, or are authorized by such owner to act on its behalf. 
  • Provide your physical or electronic signature. 

Our designated agent contact is:
Angela Sheridan
200 Liberty Street, 16th Floor
New York, NY 10281
212-312-8800
info@911memorial.org

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. 

SUBMISSIONS
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.

PAYMENT TRANSACTIONS
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 acknowledge 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 support@911memorial.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 press@911memorial.org 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.

PROHIBITED USE
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.

MONITORING; ENFORCEMENT
The Foundation has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violations of the Website policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website). The Foundation may also investigate, in its sole discretion, the use of any credit card by a user registered to make a purchase, and take such action as we deem appropriate, including without limitation, contacting the individual using such card and/or deactivating a user’s account. Except as may be expressly limited by the Privacy Policy, the Foundation reserves the right at all times to disclose any information as the Foundation deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Foundation's sole discretion. 

LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT
This Website contains hyperlinks to other websites – including a variety of social media sites such as Facebook, Twitter, Pinterest, YouTube, Instagram and Google+ - each owned and operated by parties other than the Foundation. We do not control the websites accessed from such hyperlinks, and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Foundation is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Foundation shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website. The Foundation is not responsible for the privacy practices of any other website, and we encourage you to read the privacy policy of each website you visit prior to providing them any information or undertaking any activities.

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.

GENERAL DISCLAIMER
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 OPPORTUNITIES, CONTENT, THE BLOGS OR BLOG CONTENT, OR ANY OTHER MATERIALS, SERVICES OR INFORMATION 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.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, any of the Opportunities, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in the Foundation's sole discretion.

SEVERABILITY/WAIVER
If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

GOVERNING LAW AND JURISDICTION
These Terms of Use and your access to and use of this Website are governed and construed in accordance with the laws of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or Website shall be filed only in the state and federal courts located in the New York City, NY, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

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.

FORCE MAJEURE
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.

NOTICES
Any notices to you from the Foundation regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

WEBSITE PRIVACY POLICY
Our Website Privacy Policy, located at www.911memorial.org describes the details of the Foundation's information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.

Date These Terms of Use were Last Updated: June 1, 2016.


PRIVACY POLICY

The National September 11 Memorial and Museum at the World Trade Center Foundation, Inc. (the “9/11 Memorial,” or “we” or “us”), understands your concerns about privacy and your interest in knowing how your information is used and safeguarded, and we want to provide you with more information on these topics. This Privacy Policy (the “Privacy Policy”) describes the practices, policies and procedures related to our websites located at www. 911memorial.org, registries.911memorial.org, http://timeline.911memorial.org/#FrontPage, http://ladyliberty.911memorial.org, http://veterans.911memorial.org, http://names.911memorial.org, store.911memorial.org, and http://nsm11-911memorial.cloudapp.net, and the upcoming Online Collection and special exhibition websites (collectively, the “Websites”), including the types of personal information we collect on the Websites, how we may use that information and with whom we may share it. Please note that this Privacy Policy applies only to the 9/11 Memorial’s online information-gathering and sharing practices in relation to the Websites, and does not apply to any of our practices conducted offline, nor to any of the companies’ or organizations’ websites to which we may link. By visiting the Websites, you are accepting the practices, policies and procedures described herein, and you are further indicating that you agree to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not visit or use any of the links on our Websites. We may update this Privacy Policy from time to time, so please check this Privacy Policy periodically for changes. The date this Privacy Policy was last updated is stated at the end of this document. If you have any questions about this Privacy Policy, please do not hesitate to contact us at privacy@911memorial.org.

SUMMARY
The notifications provided by this Privacy Policy include:
• what personally identifiable information we collect from you through the Websites,
• how we use the information we collect,
• with whom the information may be shared,
• what choices are available to you regarding collection, use and distribution of the information,
• the kind of procedures we employ in an effort to hinder the unauthorized access, use or disclosure of information you provide to us,
• how you can make changes to the information we collect about you,
• how you can learn about changes to our privacy policies, practices and procedures

THE INFORMATION WE COLLECT
Personal Information You Provide And How It Is Used:
You may freely visit our Websites without being required to provide us with any personal information. However, certain requests and features do require that you provide us with some personally identifying information (such as name, address, and email), as more particularly described below. Other than the credit card information that we may collect as further described herein, and the information that we collect in conjunction with the registered Witnesses and Survivors and registered Rescue and Recovery Workers, we do not knowingly collect sensitive personal information, such as information about medical or health conditions. Please do not send confidential information to us directly through the Websites, or by email to any of the contact email addresses listed on the Websites.

Registration:
As noted above, you are not required to register in order to browse our Websites and use some of the services and resources. However, you will be required to register in some circumstances, such as when making a donation. Registration may require that you provide us with some personally identifiable information, such as your email address.

Contact Us:
We provide a “contact us” link in the “footer” of the Websites. If you contact us through the link, we will ask that you provide certain personally identifying information, including your first and last name, and email address, and you may have the option to provide additional personally identifying information. We may use the information to contact you back and to respond to any requests.

Feedback:
We provide an opportunity for you to provide us feedback, providing a “feedback” link in the “footer” of the Websites. If you opt to provide us feedback, you will be asked to provide us with certain personally identifiable information, including your first and last name, and email address.

Membership; Donate:
If you make a donation through the Websites or join as a member of the 9/11 Memorial, we will ask you to provide certain personally identifying information, such as your name and home address, as well as your credit card billing information, in order to process the donation and/or membership. The credit card information that you provide to us will only be used to process your donation and/or membership, and will not be stored or used for any other purpose. We partner with a variety of payment processors to process your donations, and in each instance some of your information will also be shared with such processors.

Volunteer:
We provide you the opportunity to volunteer on behalf of the9/11 Memorial. There are a number of different opportunities available, as further detailed on our Websites. If you choose to apply to be a volunteer, you will be required to provide us with a variety of personally identifiable information, including your name, home address and telephone number, and to respond to a variety of questions. You will also be asked to provide us with two references, and in doing so you will be required to provide us some personally identifiable information about these references, including name and contact information.

Email Subscription:
If you opt to join our mailing list to receive the latest updates on news, events, and programming, we will ask you to provide certain personally identifying information, including your email address, first and last name, and country of origin. You may unsubscribe from these emails at any time by using the link provided in the footer of all such emails.

5k Run/Walk:
If you opt to register for our annual run/walk fundraiser, you will be asked to provide personal information, including your first and last name, email address, and home address. We will also ask for your credit card billing information, in order to process your registration. Please note that we work with a third-party partner, Eventbrite, to manage and administer the 5k run/walk, and Eventbrite will have access to all of the information that you provide.

Museum Online Store:
If you opt to buy an item from our online museum store, we will ask you to provide certain personally identifying information, such as your name and home address, as well as your credit card billing information, in order to process the transaction. The credit card information that you provide will only be used only to process your online-purchase transaction and will not be stored or used for any other purpose. Please note that this store is hosted and managed by a third party on our behalf, and therefore such third party will have access to any information that you provide.

Online Ticketing:
If you opt to pre-purchase tickets online, you will be asked to provide your name, address, email, phone number, as well as your credit card billing in order to process the transaction. The credit card information that you provide will only be used only to process your online-ticketing transaction and will not be stored or used for any other purpose.

Witness and Survivor and Rescue and Recovery Worker Registries:
If registering as a Witness and Survivor or Rescue and Recovery Worker on the Registries, you will be asked to provide your name, date of birth, email address, phone number, and basic information about your experience. You may also share digital photos or documents that represent your experience. Registered Witnesses and Survivors and registered Rescue and Recovery Workers may choose to show some portions of their profile to “only registered users” so only members of their same registry may view that content. Please be aware that, if you include personal and/or sensitive information, such as health-related information, this will be available to some or all visitors to the Registries website unless you modify your settings accordingly.

Non-Personal Information We Collect by Automated Means And How We Use It:
We collect certain information by automated means when you visit the Websites. Much of this information is collected through the use of third-party tracking services, which includes Google Analytics, Clicky and Chartbeat. The information collected may include usage information, such as the numbers and frequency of users to the Websites, pages visited, web browsing histories, social networking activities and similar data. For example, we automatically gather the number and frequency of visitors to this site. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. This collective, aggregated data helps us determine how much our visitors use parts of the Websites, and do internal research on our users’ demographics, interests, and behavior to better understand and serve you. When gathered, this this data is used in the aggregate, and not in a manner that is intended to identify you personally. This type of aggregate information may be shared with third parties at any time, including advertisers and marketers. In addition to the third-party tracking services mentioned above, we also collect this information through various other means, including "cookies," "web beacons" and IP addresses, as further explained below.

Cookies - A cookie is a piece of information that a web server may place on your computer when you visit a Websites. Cookies are commonly used by websites to improve the user experience. Many cookies last only through a single Websites session, or visit. Others may have an expiration date, or may remain on your computer until you delete them. We may use "session cookies" in order to enhance the user experience and for other web-related purposes. These session cookies are not linked to personally identifiable information. We may also use cookies for other purposes, including to maintain continuity during a user session, to gather data about the usage of our Websites for research and other purposes, or to store a user name or related login credentials so that you do not have to provide this information every time you return to our Websites. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the features on our Websites. Our cookies do not gather personally identifiable information. In some cases, the 9/11 Memorial may also use another company to operate web servers for our Websites. The 9/11 Memorial uses the cookie information gathered by these companies in the same manner as stated in this Privacy Policy.

Web Beacons – Our Websites may contain "web beacons" (also know as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons also may be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.

IP Addresses - When you visit and interact with the Websites, third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an "IP Address"), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices use to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track Websites visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our service. We may use this information to enhance our Websites or for other lawful purposes.

HOW WE MAY SHARE YOUR INFORMATION
We may disclose all of the information (described herein) that we collect, as stated in this Privacy Policy including in accordance with the terms set forth in this section. Additionally, please note, the 9/11 Memorial works with a variety of third-party partners/3rd party vendors in order to allow us to make the Websites available to you, to host and store the information we collect from you, and to provide certain functionality and features, such as processing donations and store purchases, and providing online ticketing; in each case we may share the personal information provided to us with these partners. We may also use the information we collect from you for ongoing communications related to the various activities and solicitations of the 9/11 Memorial, including communicating with you via phone, email or mailing information to your home address. Otherwise, we do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you expressly authorize the 9/11 Memorial to do so, (2) it is necessary to allow 9/11 Memorial and its service providers or agents to provide services on 9/11 Memorial’s behalf, (3) in order to provide products or services to you, (4) it is disclosed to entities that perform marketing or data aggregation services for 9/11 Memorial, (5) it is necessary in connection with a sale of all or substantially all of the assets of the 9/11 Memorial or the merger of the 9/11 Memorial into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which the 9/11 Memorial is not the survivor, (6) otherwise as the 9/11 Memorial is required or permitted to do so for any or all of the following reasons: (i) to comply with a subpoena, legal process, government request or any other legal obligation, (ii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Websites or our network, and/or (iii) to protect the rights, privacy, property, business, or safety of the 9/11 Memorial, their partners and employees, the visitors of the Websites, or the public.

Additionally, we may periodically exchange member and/or supporter postal mailing lists with other organizations, who similarly provide us with their mailing lists. Mailing list exchanges provides the 9/11 Memorial with a cost effective way to potentially expand our membership base by obtaining the names and addresses of other likely donors. Please note that we do not exchange or rent email addresses. If you prefer that we do not exchange your name and postal address, please email us at privacy@911memorial.org with “do not exchange” in the subject line of the email and let us know that you do not want your name and address shared. In every case we will do our best to promptly respond to your request.

CHILDREN’S PRIVACY
We are concerned about the safety and privacy of children who use the Internet. Although we encourage children to learn more about our organization and opportunities to serve their communities, this Websites is not intended for use by children without parental consent and supervision. We do not knowingly or intentionally solicit data from or market to children under the age of 13. If you are a parent or guardian and become aware that your child has provided us information without your consent, please contact us at privacy@911memorial.org to request that we delete such information. We will delete such information from our files within a reasonable amount of time from your request.

HOW WE ATTEMPT TO SAFEGUARD YOUR INFORMATION
We maintain administrative, technical and physical safeguards for the Websites designed to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the personal information that we collect from you. We restrict access to personal information collected about you on the Websites to our employees, our affiliates' employees, those who are otherwise specified in this Privacy Policy, or others who need to know that information to provide services to you or in the course of conducting our business operations or activities. When we no longer need your personally identifiable information, we will make good faith efforts to destroy it by permanently deleting the associated records. If your personally identifiable information is shared - whether by us or on behalf of us through a vendor - we will endeavor to do so, when reasonably practical, by secure means. However, no Websites, application or transmission can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personally identifying information obtained through the Websites and we strive to protect your personal information and have asked our third-party vendors to do the same, we cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain personal information over this Websites at your own risk.

LINKS TO SOCIAL MEDIA SITES
We provide links to social media sites, including Facebook, Twitter, Pinterest and Google+, as a service to you or in order to provide you additional venues in which you can share your thoughts about the 9/11 Memorial, 9/11, and related matters. Please be aware that we have no affiliation with these other social media sites, and cannot control and are not responsible for the information collection, use, and disclosure practices of such sites; we encourage you to review and understand their privacy practices and policies, if any, before providing any personally identifying information to them or using any of their services. We are not responsible for the content or information of these sites, any products or services that may be offered through them, or any other use of the sites.

YOUR INFORMATION AND YOUR CHOICES
To the extent required by law, we provide you with reasonable access to the personally identifiable information you provide to us. If you believe that any of the personally identifiable information that you have submitted through our Websites is no longer accurate, or you wish to make any updates or changes, you may do so by writing or calling us, or by contacting us at privacy@911memorial.org. Upon appropriate request and if commercially reasonable, we will update or amend your information, and we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate and lawful. If we reasonably believe that a change is warranted, we will endeavor to comply with your request as soon as reasonably practicable. Please note we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed from such locations.

USE OF THE WEBSITES FROM OUTSIDE THE UNITED STATES
We do not represent or warrant that the Websites, or any part thereof, are appropriate or available for use in any particular geographic location. If you choose to access our Websites, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations applicable in your jurisdiction. Please note that the Websites is hosted in the United States and is governed by United States law. If you are visiting the Websites from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Websites, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this privacy policy.

GOVERNING LAW
You agree that your use of the Websites, this Privacy Policy, and any disputes relating thereto, shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Privacy Policy shall be resolved solely in the local, state or federal courts located in New York, New York.

CHANGES TO OUR PRIVACY POLICY We reserve the right to revise this Privacy Policy at any time by updating this posting. Please check back regularly and to see if there have been any changes to this policy, which you can determine by reviewing the Effective Date listed below. By continuing to use the Websites after those changes become effective, you agree to be bound by the revised Privacy Policy.

PRIVACY POLICY EFFECTIVE DATE
This Privacy Policy is effective as of July 21, 2016.