www.thecjm.org (the “Site”) is provided to you by the Contemporary Jewish Museum subject to the following Terms of Use and any operating rules or policies that we may published from time to time.
We may, in our sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site, including but not limited to, content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials that: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.
You acknowledge and agree that all content and materials available on the Site, including but not limited to, our name and logos, are protected by intellectual property and other laws. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on the Site. Notwithstanding this right, we do not and cannot review all materials posted on the Site by users and we are not responsible for any materials posted by users.
All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site will become our exclusive property. We will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
If you create a user account, you are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you will be liable for any such unauthorized use.
For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy[LINK].
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
You agree to defend, indemnify and hold us and our officers, trustees, directors, employees, volunteers, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by any of them in connection with any claim arising out of or related to (i) your use of the Site, (ii) your breach or violation of any of these Terms of Use, (iii) your dispute with another user, or (iv) the unauthorized access to any password-protected area of the Site using your password. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.
These Terms of Use constitute a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any controversy involving us arising from or in any way related to these Terms of Use or your use of the Site will be heard in the appropriate State or Federal court in the City and County of San Francisco, California, and you irrevocably consent to the jurisdiction of such courts.
Except as explicitly stated otherwise, any notices will be given by email to us at webmaster@thecjm.org or to you at the email address you provide to us. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
We make no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use will continue in full force and effect. The failure by either you or us to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use comprise the entire agreement between you and us and supersedes all prior agreements between us, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of the Terms of Use.
The Contemporary Jewish Museum
736 Mission Street
San Francisco, CA 94103
Email: webmaster@thecjm.org