Policies
Privacy
Old Independence Regional Museum is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Old Independence Regional Museum’s website and governs data collection and usage. By using the Old Independence Regional Museum’s website, you consent to the data practices described in the Privacy Policy.
Rights and Reproductions
This website (“Site”) is provided for your use by Old Independence Regional Museum under the following terms and conditions (“Terms and Conditions”). Old Independence Regional Museum may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing, or using the Site, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any amendments). You are encouraged to visit this page from time to time to review the current Terms and Conditions.
Copyrights
The text, images, data, audio and video clips, and other content on the Site (“materials”) are protected by copyright and may be covered by other restrictions as well. Old Independence Regional Museum and relevant third parties own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on the Site. The Site, and the materials contained therein, may be used only as set forth in these Terms and Conditions or by obtaining explicit written permission from Old Independence Regional Museum and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and other applicable laws and is strictly prohibited. Old Independence Regional Museum expressly reserves all rights and remedies available under such laws, regulations, and statutes. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Site for public or commercial purposes, or for personal gain, without the express prior written permission of Old Independence Regional Museum. To learn more about how to request permission to use the contents on the Site, please see the section on “Obtaining Permission” below.
Fair Use
You may use the content of this Site only for limited non-commercial, educational, and personal use, or where such use qualifies as “fair use” permitted under the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials. Old Independence Regional Museum neither warrants nor represents your use of any materials displayed on the Site will not infringe its rights or the rights of third parties not owned by or affiliated with Old Independence Regional Museum. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.
Obtaining Permission
Anyone wishing to use the materials from this Site for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of Old Independence Regional Museum or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use.
For images and materials on the Site, and for any text excerpts, fill out our Contact Us form..
Trademarks
The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including “Old Independence Regional Museum ” and variations thereof, are registered and unregistered Trademarks of Old Independence Regional Museum. The Trademarks of third parties may also be displayed on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of Old Independence Regional Museum or such third party owner of any Trademark used. Any unauthorized use of the Trademarks or any other materials is strictly prohibited.
Disclaimer of Warranties
Old Independence Regional Museum assumes no liability for any errors or omissions in the content of the Site. Old Independence Regional Museum is engaged in an ongoing process of updating and revising the materials on this Site. Old Independence Regional Museum further reserves the right to withdraw any image, text, or data from the Site at its sole discretion at any time. Old Independence Regional Museum assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Site is unavailable, either on a temporary or permanent basis, Old Independence Regional Museum assumes no liability for any losses that may be sustained by you or any third party arising from the unavailability of the Site. All materials on the Site are provided “AS IS” and “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. Old Independence Regional Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property resulting from your use of the Site or your downloading of any materials from the Site.
Limitation of Liability
Old Independence Regional Museum, its affiliates, trustees, directors, officers and employees, and other agents and representatives shall have no liability for any damages, including without limitation, direct, indirect, consequential, compensatory, special, punitive, or incidental damages (even if we have been advised of the possibility of such damages) arising out of or relating to the use of this site. Your use of the site is at your sole risk.
Postings on the Site
From time to time, you may have an opportunity to post information, images, or other materials to the Site. You agree that you will comply with all requirements and procedures for posting on the Site, including any applicable web policies set forth or later adopted by Old Independence Regional Museum. Old Independence Regional Museum does not endorse any opinions or recommendations posted or transmitted by you or others. Any materials posted or transmitted on the Site are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. Old Independence Regional Museum shall have the right, but not the obligation, to remove, refuse, or delete any content for any reason whatsoever. Old Independence Regional Museum is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, or other similar materials on the Site and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the Site.
Third Party Sites
Old Independence Regional Museum has not reviewed all of the sites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any websites linked to or from the Site (regardless of whether they are affiliated with Old Independence Regional Museum) are for your convenience only, and you access them at your own risk. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Old Independence Regional Museum. Any information that you may provide to such third party sites is done at your own risk.
Submissions
Any communications or material you transmit to the Site and/or to Old Independence Regional Museum domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. You agree that anything that you transmit or post may be used by Old Independence Regional Museum or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Old Independence Regional Museum is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site and/or to Old Independence Regional Museum’s domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products or services using such information. You also acknowledge and agree that Old Independence Regional Museum may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. You are required and agree to obtain permission from any third party owner of proprietary material, such as a copyrighted story or a news article written by another person, before you post or distribute such material through this Site.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The failure or delay by Old Independence Regional Museum to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Old Independence Regional Museum.
Choices of Law and Jurisdiction
The Terms and Conditions are governed by the laws of the State of Arkansas without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Independence County, Arkansas, for the determination of any issue arising under these Terms and Conditions or between you and Old Independence Regional Museum. You stipulate to the fairness and convenience of proceeding in such courts and covenant not to assert any objection to proceeding in such Courts.
Indemnity
You agree to indemnify, defend, and hold Old Independence Regional Museum harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of this site.
Entire Agreement
These Terms and Conditions constitute the entire agreement between Old Independence Regional Museum and you and govern your use of the Site, and you agree and acknowledge that any other agreements between you and Old Independence Regional Museum are superseded and of no force or effect.
Digital Millennium Copyright Act (DMCA)
Old Independence Regional Museum is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Copyright owners who believe material posted on or linked to from this Site is infringing should provide a written, signed notice of infringement to the designated agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice should be sent to the director of Old Independence Regional Museum at director@oirm.org.