These terms apply to Custom Museum App, VisitorView App, Exhibition App, and all other apps provided by MuseumAnywhere
Description of Service:
MuseumAnywhere is providing smartphone app(s), online content management portal, Push notification services, database application ("Service" or "Services"). Smartphone Apps provided under the Services are hereinafter referred as “App”. Client may use the Services for its business purpose and publish App for public downloads. Client may connect to the Services using any Internet browser and Smartphone supported by the Services. Client are responsible for obtaining access to the Internet and the equipment necessary to use the Services. Client can create and edit content with its user account, publish and share such content with public through App. As part of Service MuseumAnywhere hosts Services with third party data centers and shall take reasonable steps to ensure uptime. Any reported interruptions or service issues shall be attended to, the same business day but no later than next business day. App are updated from time to time for compatibility with for Google’s native Nexus series devices and Apple’s iOS devices.
Administrative User Accounts:
Administrative users from Client organization shall be signed up with their corporate email and contact information. Client is responsible for maintaining confidentiality of username, password and other sensitive information and for all activities that occur in Client’s user account and agrees to inform MuseumAnywhere immediately of any unauthorized use of Client user account by email to MuseumAnywhere. MuseumAnywhere is not responsible for any loss or damage to Client or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Fees and Payments: Any fees are charged per agreement using the payment method on file. In case of non-payment, account may be suspended or terminated after a seven day notice is given to Client and open balance is still not fully paid. In the event of such termination for non-payment, all associated content and data may be deleted after 30 days.
Subscription to Any Beta Service:
From time to time MuseumAnywhere may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation, Client will be under no obligation to purchase or acquire a subscription to use any paid Service as a result of its subscription to any Beta Service. MuseumAnywhere reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. Client agrees that MuseumAnywhere will not be liable to Client or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Restrictions on Use:
In addition to all other terms and conditions of this Agreement, Client shall not:
(i) transfer or otherwise make available to any third party the Services except for providing mobile app to public;
(ii) provide any service based on the Services without prior written permission;
(iii) use the third party links to sites without agreeing to their website terms & conditions;
(iv) post links to third party sites or use their logo, company name, etc. without their prior written permission;
(v) use the Services (including push-notification services) for spamming and other illegal purposes. Client agree to be solely responsible for the contents of its transmissions through the Services. Client agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another.
Client owns the content created or stored by it. Use of the Services does not grant MuseumAnywhere the license to use, reproduce, adapt, modify, publish or distribute the content created by Client or stored in its user account except for using for promotional purposes the mobile App screenshots of information that is available to public through Museum App. Client grants MuseumAnywhere permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of its user account solely as required for the purpose of providing the Services to Client.
User Generated Content:
Client may transmit or publish content created by Client using App. However, Client shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. Client are responsible for ensuring that Client do not accidentally make any private content publicly available. Any content that Client may receive from other users of the Services, is provided to Client AS IS for its information and it’s use only and Client agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if Client come across any content with copyright notice(s) or any copy protection feature(s), Client agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services Client affirm that Client have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, Client expressly agree that MuseumAnywhere not be obligated to, but will have the right to, block access to or remove such content made available by you, if MuseumAnywhere receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, Client expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by MuseumAnywhere for this purpose.
Sample files and Applications:
MuseumAnywhere may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. MuseumAnywhere makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications nor does it claim any ownership of that content data.
Modification of Terms of Service:
We may modify the Terms upon 30 day notice to Client at any time. Client will be provided notice of any such modification by electronic mail or by publishing the changes on the online content management portal, access to which is provided to Client as part of Service. Client may terminate its use of the Services if the Terms are modified in a manner that substantially affects its rights in connection with use of the Services. Client’s continued use of the Service after notice of any change to the Terms will be deemed to be its agreement to the amended Terms.
Disclaimer of Warranties:
Client expressly understand and agree that the use of the services is at it’s sole risk. The services are provided on an as-is-and-as-available basis. Museumanywhere expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Museumanywhere makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at it’s own discretion and risk and client will be solely responsible for any damage to it’s computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by client from museumanywhere, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability:
Client agrees that museumanywhere shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by it’s use of or inability to use the service, even if museumanywhere has been advised of the possibility of such damage. Client’s sole and exclusive remedy for any dispute with museumanywhere related to any of the services shall be termination of such service. In no event shall museumanywhere’s entire liability to client in respect of any service, whether direct or indirect, exceed the fees paid by client towards such service in prior six months.
Client agree to indemnify and hold harmless MuseumAnywhere, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that Client have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to its use of the Services, except where such content is provided by MuseumAnywhere.
Suspension and Termination:
MuseumAnywhere may suspend user account or temporarily disable access to whole or part of any Service in the event of requests by law enforcement or other government agencies or any suspected illegal activity. Objections to suspension or disabling of user accounts should be made within thirty days of being notified about the suspension. MuseumAnywhere may terminate a suspended or disabled user account after thirty days. MuseumAnywhere also terminate Client user account on its request. In addition, MuseumAnywhere reserves the right to terminate Client user account and deny the Services upon reasonable belief that Client have violated the Terms and to terminate Client access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in Client user account such as your e-mail address and password and deletion of all data in Client user account.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the sole arbitrator shall be final and un-appealable. Any counterclaims must be brought in the same proceedings or be waived.The arbitration shall be conducted in County of Fairfax, Virginia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, MuseumAnywhere may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Updates to Terms: This is most updated version of Terms. Any updates shall be notified through and made available in App CMS portal.
Notices and other communication:
Notices under this contract must be in writing and must be mailed by registered or certified mail or any other form of written communication including E-Mail. The mailing address for notice to either party will be the address as provided by the parties in this Agreement. If the communication is by e-mail, it will be sent and addressed to the signatory to this Agreement or such other person as may be notified by the parties. If no such person is notified, notice to the signatory to this Agreement shall be deemed to be a proper service of notice. Parties agree to use Adobe EchoSign Electronic Signature service and electronically signed documents and the copies thereof to be treated as original.
IN WITNESS WHEREOF, Client agrees that it has carefully read and understands the terms of this Agreement and has signed this Agreement on the date written below. MuseumAnywhere agrees that provisions of this Agreement shall be applicable commencing with the effective date of this Agreement.