Terms of Use

Last Updated Date: May 1, 2012

The Japanese American National Museum (the “National Museum” or “we”) is commemorating the 70th anniversary of the signing of Executive Order 9066, the Presidential order that led to the forced removal of Japanese Americans from their homes and communities, both by providing educational content on the World War II experience and by enabling individual donors to honor loved ones affected by Executive Order 9066 and racial prejudice during World War II with a tribute and a donation of $90.66 (the “Services”) through our website, accessible at www.remembrance-project.org (the “Remembrance Project Site”).  Please read carefully the following terms and conditions (“Terms”) and our related Privacy Policy, which may be found at www.remembrance-project.org/privacy-policy.  These Terms govern your access to and use of the Remembrance Project Site, Services and Collective Content (defined below), and constitute a binding legal agreement between you and the National Museum.

Key Content-related Terms

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Museum Content” means Content that the National Museum makes available through the Remembrance Project Site or Services, including any Content licensed from a third party, but excluding Contributor Content.

“Contributor” means a person who submits a Tribute, as defined below, to the National Museum.

“Contributor Content” means Content that a Contributor posts, uploads, publishes, submits or transmits to be made available through the Remembrance Project Site or Services, including, but not limited to, any tribute to a loved one submitted to the National Museum in the form of text, photograph(s), artwork, video and/or other works of authorship (a “Tribute”).

"Collective Content” means, collectively, Museum Content and Contributor Content.

“Museum Materials” means the National Museum’s exhibitions, programs, publications and products, including, but not limited to, marketing, advertising and publicity related to the Remembrance Project Site, the Services and the National Museum.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE REMEMBRANCE PROJECT SITE OR SERVICES, OR BY DOWNLOADING OR SUBMITTING ANY CONTENT FROM OR ON THE REMEMBRANCE PROJECT SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE REMEMBRANCE PROJECT SITE.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT.  If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

The National Museum reserves the right, at its sole discretion, to modify, discontinue or terminate the Remembrance Project Site or Services or to modify these Terms, at any time and without prior notice.  If we modify these Terms we will post the modification on the Remembrance Project Site or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of these Terms.  By continuing to access or use the Remembrance Project Site or Services after we have posted a modification on the Remembrance Project Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.  If the modified Terms are not acceptable to you, your only recourse is to cease using the Remembrance Project Site and Services.

Privacy

See the Privacy Policy for the Remembrance Project Site at www.remembrance-project.org/privacy-policy for information and notices concerning the National Museum’s collection and use of your personal information.

Google Maps

As part of the Services, the National Museum makes available a feature that utilizes Google Maps to access location-related information about internment.  If you choose to access and use Google Maps as a part of the Services, you agree to be bound by Google’s Terms of Service, accessible at http://www.google.com/help/terms_maps.html.

Submission of Tributes

You have the option to submit or transmit to the National Museum a Tribute of a loved one with a donation of at least ninety dollars and sixty-six cents ($90.66).  We may, in our sole discretion, permit the posting or publishing of your Tribute on the Remembrance Project Site and on other websites owned or operated by the National Museum (“Other Museum Sites”).  The National Museum reserves the right to refuse to post or publish your Tribute, or to suspend or remove your Tribute, at any time, for any reason in its sole discretion. 

By making available any Contributor Content, including, without limitation, a Tribute, on or through the Remembrance Project Site or Services, you hereby grant to the National Museum a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, (a) to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Contributor Content through or by means of the Remembrance Project Site or Services, Other Museum Sites and the Museum Materials, including, but not limited to, marketing, advertising and publicity related to the Remembrance Project Site, the Services and the National Museum, (b) to reproduce and prepare derivative works based upon the Contributor Content solely as necessary or appropriate to exercise the foregoing license rights, and (c) to the extent you recognizably appear in the Contributor Content, to use your name, likeness and biographical material, solely as necessary or appropriate to exercise the foregoing license rights granted.  The National Museum does not claim any ownership rights in any Contributor Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Contributor Content.

You acknowledge and agree that you are solely responsible for all Contributor Content that you make available through the Remembrance Project Site or Services.  You agree to provide accurate and complete information, to the best of your knowledge, in the Tribute.  You represent and warrant that: (i) you either are the sole and exclusive owner of all Contributor Content that you make available through the Remembrance Project Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to the National Museum and to the rights in such Contributor Content, as contemplated under these Terms; (ii) neither the Contributor Content nor your uploading, submission or transmittal of the Contributor Content or the National Museum’s use of the Contributor Content (or any portion thereof) on, through or by means of the Remembrance Project Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) to the extent that any other person recognizably appears in any Contributor Content, such person was aware of and consented to the taking of their photograph.

Payment of Donation

By submitting a Tribute, you agree to make a donation to the National Museum of at least ninety dollars and sixty-six cents ($90.66).  All donations will be processed by a third party payment service provider.  The payment terms and any fees payable by you relating to the donation will be based on the agreement between you and the designated payment service provider.  The National Museum is not a party to any agreement between you and the third party payment service provider.  You acknowledge and agree that you (and not the National Museum) are responsible for complying with the terms and conditions governing your relationship with such third party payment service provider.

Ownership

The Remembrance Project Site, Services and Collective Content are protected by copyright, trademark and other laws of the United States and foreign countries.  You acknowledge and agree that the Remembrance Project Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of the National Museum and its licensors.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Remembrance Project Site, Services or Collective Content.

Licenses Granted by the National Museum to Museum Content and Contributor Content

Subject to your compliance with the terms and conditions of these Terms, the National Museum grants you a limited, non-exclusive, non-transferable license: (a) to view, download and print any Museum Content solely for your personal and non-commercial purposes; and (b) to view any Contributor Content to which you are permitted access solely for your personal and non-commercial purposes.  You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Remembrance Project Site, Services or Collective Content, except as expressly permitted in these Terms.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the National Museum or its licensors, except for the licenses and rights expressly granted in these Terms.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Remembrance Project Site or Services (“Feedback”).  You may submit Feedback by emailing us at remembrance@janm.org.  You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions

You agree not to do any of the following:

The National Museum will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  The National Museum may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.  You acknowledge that the National Museum has no obligation to monitor your access to or use of the Remembrance Project Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Remembrance Project Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  The National Museum reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the National Museum, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Remembrance Project Site or Services.

Copyright Policy

The National Museum respects copyright law and expects its users to do the same.  It is the National Museum’s policy access to the Remembrance Project Site by those who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  Please see the National Museum’s Copyright Policy for further information.

Links

The Remembrance Project Site or Services may contain links to third-party websites or resources.  You acknowledge and agree that the National Museum is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by the National Museum of such websites or resources or the content, products or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Termination

If you breach any of these Terms, the National Museum will have the right to terminate these Terms, at its sole discretion and without prior notice to you.  The National Museum reserves the right to revoke your access to and use of the Remembrance Project Site, Services and Collective Content at any time, with or without cause.  In the event the National Museum terminates these Terms for your breach, you will remain liable for all amounts due hereunder.

Disclaimers

THE REMEMBRANCE PROJECT SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, THE NATIONAL MUSEUM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE NATIONAL MUSEUM MAKES NO WARRANTY THAT THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.  THE NATIONAL MUSEUM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT OBTAINED THROUGH THE REMEMBRANCE PROJECT SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE REMEMBRANCE PROJECT SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NATIONAL MUSEUM OR THROUGH THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold the National Museum, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Remembrance Project Site, Services or Collective Content, or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE REMEMBRANCE PROJECT SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU.  NEITHER THE NATIONAL MUSEUM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NATIONAL MUSEUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE NATIONAL MUSEUM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR DONATED TO THE NATIONAL MUSEUM FOR USE OF THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT, OR FIFTY DOLLARS ($50), IF YOU ARE USING THE REMEMBRANCE PROJECT SITE, SERVICES OR COLLECTIVE CONTENT FREE OF CHARGE, AS APPLICABLE.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE NATIONAL MUSEUM AND YOU. 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of the National Museum used herein are trademarks or registered trademarks of the National Museum.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Los Angeles County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between National Museum and you regarding the Remembrance Project Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between National Museum and you regarding the Remembrance Project Site, Services and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the National Museum’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.  The National Museum may assign or transfer these Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by the National Museum via email (in each case to the address that you provide); or (b) by posting to the Remembrance Project Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and the National Museum agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Remembrance Project Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.  You acknowledge and agree that you and the National Museum are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless both you and the National Museum otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law.  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.  (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)  The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process.  A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.  (The AAA provides a form Demand for Arbitration at  www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules

Arbitration Location and Procedure.  Unless you and the National Museum otherwise agree, the arbitration will be conducted in the county where you reside.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the National Museum submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.  The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.  The National Museum will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.  However, if your claim for damages does not exceed $75,000, the National Museum will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.  Notwithstanding the provisions of the “Modification” section above, if the National Museum changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to remembrance@janm.org within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of the National Museum’s email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the National Museum in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of the National Museum to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the National Museum.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting the National Museum

If you have any questions about these Terms, please contact the National Museum at remembrance@janm.org or Remembrance Project, Japanese American National Museum, 369 East First Street, Los Angeles, California 90012.