Terms of use

ANGOLA MUSEUM
LOUISIANA STATE PENITENTIARY MUSEUM FOUNDATION, INC.
TERMS OF USE

Last modified: March 13, 2019

Introduction and Consent to Terms
Please read these Terms of Use before using AngolaMuseum.org, Angola Museum mobile sites, and other Angola Museum and/or Louisiana State Penitentiary Museum Foundation, Inc. (sometimes referred to as “We,” “Us,” and “Our”) sites, applications, platforms, services, and features of those sites (collectively, the “Services”). By using any of the Services, you agree to be bound by these Terms of Use and Privacy Policy.

Copyrights
The contents of the Services are protected by United States and international copyright laws. The contents of the Services are wholly owned by or licensed to Us. In the case of User Materials, as defined herein, the contents are licensed to Us by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license, or use for commercial purposes any copyrighted material on the Services without the prior written consent of Us, except as provided for in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to Us. You may copy, download one copy on a single computer, and print a limited amount of content for your personal, non-commercial use, provided that: (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests We promote or endorse your, or any third-party’s, causes, ideas, products, sites, applications, platforms, or services , and (d) you do not use the content in any way that is unlawful or harmful to any person or entity.

To request permission for any other use of Louisiana State Penitentiary Museum Foundation content or Services, please contact us with your written request at:

By Mail:
Angola Museum
Louisiana State Penitentiary Museum Foundation, Inc.
P.O. Box 1
Angola, LA 70712

By E-mail:
AngolaMuseum@AngolaMuseum.org

Trademarks
Angola Museum, LSP Museum, Louisiana State Penitentiary Museum, site names, logos, program names, newsletter names, and related graphics, logos, and illustrations are trademarks of the Louisiana State Penitentiary Museum Foundation, Inc. You may not use any Louisiana State Penitentiary Museum Foundation marks, logos, or graphics without the Louisiana State Penitentiary Museum Foundation’s prior written consent, except for instances where you are required to by license or obligation to use Our marks or logos in connection with the functionalities of the Services.

User Materials
Users of the Services may post, upload, transmit, and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, ideas, essays, and other content and materials (“User Materials”) on or through social media and its features, forums, discussions, Contact Us page, and other features of the Services. You acknowledge that User Materials may be routed through Our servers, the servers of one or more third parties, and the Internet, and may be viewed by Louisiana State Penitentiary Museum Foundation staff and on the Services by the general public. You acknowledge that the Services and User Materials are for public and not private communication.

We reserve the right to screen, refuse to post, remove, and/or edit User Materials at any time and or any or no reason in Our absolute and sole discretion without prior notice, although we have no duty to do so. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information.

You retain the copyright and other ownership rights in and to any User Materials that you submit on or through the Services. By submitting User Materials on or through the Services, you grant the Louisiana State Penitentiary Museum Foundation, Inc. and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, universal, transferable license to use, copy, modify, transmit, publicly perform, display, create derivative works from, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels, or platforms, whether now known or hereafter devised, including, the Services and third-party licensees, without payment and without further notice to you or request for your consent. You further grant the Louisiana State Penitentiary Museum Foundation and its third-party licensees the right to contact you in connection to your User Materials. In addition, when you Submit any User Materials, you grant each user of the Services and licensees a non-exclusive, royalty-free, worldwide, universal license to access your User Materials on or through the Services and to use your User Materials pursuant to these Terms of Use.

For any User Materials you Submit on or through the Services, you agree to abide by the "Rules of Use for the Service" set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Framing
The Louisiana State Penitentiary Museum Foundation does not allow framing of the Services.

Links to the Services
Although we encourage and permit links to content on the Services, the linking should not suggest that we promote or endorse any third party's causes, ideas, sites, products or services, or use Our content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third-Party Sites, Applications, Platforms, and Services
The Services contain links to sites, applications, platforms and services maintained by third parties over which we have no control. We do not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and we are not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services.

We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services. In some cases, the Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

Rules for Use of the Service
By using the Services, including by registering for the Services, participating in social networking features, forums and discussions, Submitting User Materials through the Services, the Contact Us page or other means, or by using any other features of the Services, you agree to the following rules:

1. You must be at least 18 years of age to submit any User Materials or personallyidentifying information on or through the Services, participate in any online contests, or place an order on the online gift shop. If you are between the ages of 13 and 18, you may browse the Services or register for email newsletters or other features of the Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, or if you are an EU resident under 16 years of age, please do not send any information about yourself, including your name, address or email address. If We discover that We have collected any personally-identifying information from a child under 13, or from an EU resident under 16, We will make a good faith effort to remove that information from Our database as soon as possible.

2. You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.

3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Us and users of the Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

5. The Services can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

6. You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any of Our hardware, software, information or other property or users of the Services. You may not use the Services to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the Services.

7. You may not interfere with or disrupt the integrity or performance of the Services, any portion or contents thereof, or related systems or networks, or use the Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the Services or related systems or networks.

8. By submitting any User Materials on or through the Services, you grant to Us, Our licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials specified in the "User Materials" section of these Terms of Use.

9. You are solely responsible for any User Materials submitted using your account. We do not and cannot review all User Materials submitted by you or others and are not responsible for any User Materials submitted by you or others on or through the Services. However, We have the right, but not the obligation, to review, screen, delete, edit or move any User Materials that We deem, in Our sole discretion, to be in violation of the Rules for Use of the Service or these Terms of Use.

10. We are not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the Services. We cannot verify the accuracy of statements that users make or place on or through the Services, and do not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service or these Terms of Use.

11. You acknowledge that We have the right to limit or terminate your, or any other person's, access to or registration in the Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity
You represent and warrant that: (a) if you Submit any User Materials or personally-identifying information on or through the Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Services that may be necessary for their use as contemplated by the Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Services and these Terms of Use, (d) the User Materials, and their use by Our licensees and users of the Services, pursuant to these Terms of Use, does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use, and (e) your use of the Services complies with these Terms of Use. You agree that you will indemnify and hold harmless the Louisiana State Penitentiary Museum Foundation, Inc. and their directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Services, (3) the User Materials you have Submitted on or through the Services, or (4) Our publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Our licensees or users of the Services.

Disclaimer
THE SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH LINKS ON THE SERVICES. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability
IN NO EVENT WILL THE LOUISIANA STATE PENITENTIARY MUSEUM FOUNDATION, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD- PARTY LICENSEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL THE LOUISIANA STATE PENITENTIARY MUSEUM FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change the Services
We reserve the right to change, terminate or suspend the Services, any features of the Services, and any content or materials contained in the Services, in any way, at any time and for any reason or no reason. We also have the right to require you to cease accessing any features, content or materials of the Services.

Online Shopping
In the event a product available on or through Our online gift shop is listed at an incorrect price or with incorrect information, We will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies Our acceptance of your order, nor constitutes confirmation of Our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales or other taxes, on orders shipped to you.

Digital Millennium Copyright Act (DMCA) Notice
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Services, please provide the following information in writing to Us (see 17 U.S.C. § 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. information so that we can contact you, such as address, telephone number and email address.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

DMCA Notices can be sent to:
Louisiana State Penitentiary Museum Foundation, Inc.
DMCA Notice
P.O. Box 1
Angola, Louisiana 70712

International Users
The Services are controlled and operated within the United States. We make no representation that content, materials or products available on or through the Services are appropriate or available for use outside of the United States. If you access the Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous
These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Services. These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services that may link to or from the Services. These Terms of Use are governed by and construed under Louisiana law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Services shall be litigated in the local or federal courts located in the State of Louisiana, and you hereby consent to personal jurisdiction and venue in the State of Louisiana. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.