Terms of Use

Last Updated: [05/06/2018]

Welcome to the website Exploring America’s Concentration Camps, located at eacc.janm.org (the “Site“), an online resource to learn about the removal and confinement of 120,000 people of Japanese ancestry in relocation camps in the United States during World War II. The Site is organized around nine themes that feature artifacts from the permanent collection of the Japanese American National Museum (the “National Museum“). Please read carefully these Terms of Use (the “Terms“) and our Privacy Policy (“Privacy Policy“) because they govern your use of our Site.

  1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site.
  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Site is subject to our Privacy Policy.
  3. Changes to Terms or Site. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Site anymore. Because our Site is evolving over time we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
  4. Feedback. We welcome feedback, comments, and suggestions for improvements to the Site (“Feedback“). You can submit Feedback by emailing us at webeditor@janm.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, 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.
  5. Content and Content Rights. For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Site.
    1. Content Ownership. The National Museum and its licensors exclusively own all right, title, and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site or Content.
    2. Rights in Content Granted by the National Museum. Subject to your compliance with these Terms, the National Museum grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display, and print the Content solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes.
  6. General Prohibition and the National Museum’s Enforcement Rights. You agree not to do any of the following:
    1. Use, display, mirror, or frame the Site or any individual element within the Site, the National Museum’s name, any National Museum trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the National Museum’s express written consent;
    2. Access, tamper with, or use non-public areas of the Site, the National Museum’s computer systems, or the technical delivery systems of the National Museum’s providers;
    3. Attempt to probe, scan, or test the vulnerability of any National Museum system or network or breach any security or authentication measures;
    4. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the National Museum or any of the National Museum’s providers or any other third party to protect the Site or Content;
    5. Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the National Museum or other generally available third-party web browsers;
    6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    7. Use any meta tags or other hidden text or metadata utilizing a National Museum trademark, logo URL, or product name without the National Museum’s express written consent;
    8. Use the Site or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive, or false source-identifying information;
    10. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Content;
    11. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
    12. Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
    13. Impersonate or misrepresent your affiliation with any person or entity in relation to the Site;
    14. Violate any law or regulation applicable to your use of the Site; or
    15. Encourage or enable any other individual to do any of the foregoing.

    7. Although we’re not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  7. Links to Third Party Websites or Resources. The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
  8. Termination. We may terminate all or any part of the Site, at our sole discretion, at any time and without notice to you. You may terminate at any time by ceasing to use our Site or by sending an email to us at webeditor@janm.org. Upon any termination, discontinuation, or cancellation of Site, the following provisions will survive: Content Ownership, General Prohibition and the National Museum’s Enforcement Rights, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law and Forum Choice, General Terms, and this sentence of Termination.
  9. Warranty Disclaimers. THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
  10. Indemnity. You will indemnify and hold harmless the National Museum and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site or Content, or (b) your violation of these Terms.
  11. Limitation of Liability.
    1. NEITHER THE NATIONAL MUSEUM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NATIONAL MUSEUM OR ANY OTHER PARTY 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    2. IN NO EVENT WILL THE NATIONAL MUSEUM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED FIFTY DOLLARS ($50).
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE NATIONAL MUSEUM AND YOU.
  12. Governing Law and Forum Choice. 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 for any action with respect to the subject matter of these Terms will be the state and federal courts located in the Central District of California, and you and the National Museum each waive any objection to jurisdiction and venue in such courts.
  13. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between the National Museum and you regarding the Site and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between National Museum and you regarding the Site and Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 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. The National Museum may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by the National Museum under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
    3. Waiver of Rights. The National Museum’s failure to enforce any right or provision of these Terms will not be considered a waiver of such 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.
  14. Contact Information. If you have any questions about these Terms or the Site, please contact the Museum at webeditor@janm.org, or 213. 625.0414, or 100 North Central Avenue, Los Angeles, CA 90012.