Welcome to www.fmsm.org (the “Site”). Access to and use of the Site is provided subject to the following terms and conditions.
Please read these terms carefully as your access and use of the site constitutes agreement to all terms, conditions and notices contained or referenced herein.
Terms and Conditions of Use
By using this Site, you agree to these terms and conditions of use. The Fargo-Moorhead Science Museum reserves the right to modify these terms at any time. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Site.
All content on this Site is subject to change without notice. The Fargo-Moorhead Science Museum reserves the right, in its sole discretion, to terminate your access to all or part of this Site with or without notice. The Fargo-Moorhead Science Museum may change, suspend, or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content without prior notice or liability.
Scope of Terms and Conditions
These terms and conditions apply to your use of www.fmsm.org and all other sites and services owned or operated by the Fargo-Moorhead Science Museum. These terms and conditions do not apply to your use of sites not owned or operated by the Fargo-Moorhead Science Museum to which the Site links.
Use of Materials Posted on this Site
The Fargo-Moorhead Science Museum Digital Assets and Works are protected by copyright and trademark laws and are the property of The Fargo-Moorhead Science Museum. “Digital Assets” as used in this Use Policy means content from any form of media (e.g., photographs, video, text, audio, Web pages, etc.) preserved in digital form. “Works” as used in this policy means any work in the written, literary, scientific, or artistic domain, whatever may be the mode or form of its expression (including digital form).
Unless otherwise stated in this policy, you may (i) print or download Fargo-Moorhead Science Museum assets and (ii) copy, reproduce, adapt or distribute Work; provided, however, that in the case of both (i) and (ii) you (A) do so solely for informational, educational and other noncommercial purposes and (B) include the following copyright notice adjacent to the resource copied, developed or derived from Digital Assets or Work, and with the URL as a live link with respect to digital environments:
© Fargo-Moorhead Science Museum, www.fmsm.org.
You may not reproduce, record, publish, modify, or distribute any Fargo-Moorhead Science Museum Digital Assets or Works for commercial purposes without prior written consent from the Fargo-Moorhead Science Museum. High-resolution versions are available for most of the items included in Fargo-Moorhead Science Museum Digital Asset catalog. Requests for commercial use of Digital Assets and Works or questions as to whether a specific use is permissible or requires written consent should be sent to: contact@fmsm.org.
Some examples of permitted use of the Fargo-Moorhead Science Museum digital assets not requiring prior written permission:
A handout including a Fargo-Moorhead Science Museum activity for an educational workshop.
A link from your website to a specific Fargo-Moorhead Science Museum Digital Asset; as part of a resource packet that you create for your students; and
A reproduction of a Work for use in an educational setting (e.g., in a school classroom or in an after-school program).
Some examples of restricted use, requiring prior written permission:
Publication containing reproductions of Fargo-Moorhead Science Museum activities or images, Digital Assets or Works, to be sold or provided in exchange for a fee;
Use of Fargo-Moorhead Science Museum images, Digital Assets or Works to promote a commercial program, product, event, or activity, not produced by Fargo-Moorhead Science Museum
Rules of Conduct
You shall not post or comment on this Site any content which is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, contains viruses or other contaminating or destructive features, violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or otherwise violates any applicable law.
You may not post or comment on this Site any links to any external site. This Site may not be used by you for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
Links
The Fargo-Moorhead Science Museum welcomes links to the Site. Permission to create a link to the Site is not required. However, we do reserve the right to request removal of a link from any Web page we believe does not align with the Fargo-Moorhead Science Museum’s mission. You may NOT enclose pages from the Fargo-Moorhead Science Museum website within a frame set on your site.
The Site may provide links and pointers to Internet sites maintained by others. The Fargo-Moorhead Science Museum is not responsible for the availability of any other site to which this Site links. Nor does the Fargo-Moorhead Science Museum endorse or take responsibility for the content, advertising, products, or other materials made available through any other site. Under no circumstances shall the Fargo-Moorhead Science Museum be held responsible or liable, directly, or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.
Submissions, Post, Comments
The Fargo-Moorhead Science Museum retains the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their own messages or postings.
By submitting comments to the Site, you give (or warrant that the owner of such rights has expressly granted) the Fargo-Moorhead Science Museum the nonexclusive right to use your questions, comments, and postings, in their original or edited form, in marketing and promotional channels, including, but not limited to the Site, printed materials, mailings, testimonials, social media, podcasts and radio.
Any messages sent to the Fargo-Moorhead Science Museum will be treated as non-proprietary and non-confidential and will become the property of the Fargo-Moorhead Science Museum where it may or may not be used for any purpose.
The Fargo-Moorhead Science Museum respects the intellectual property of others and does not permit infringing activities on the Site.
Security
Violations of system or network security are prohibited and may result in criminal and/or civil liability. The Fargo-Moorhead Science Museum will investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. Complaints regarding suspected illegal use or network security should be sent to contact@fmsm.org.
Disclaimers
The services, materials, digital assets on this site and works are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither the Fargo-Moorhead Science Museum nor any of its respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither the Fargo-Moorhead Science Museum nor any of its respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the materials in the site in terms of its correctness, accuracy, reliability, or otherwise. You (and not the Fargo-Moorhead Science Museum or any of its affiliated companies or any of its respective licensors or suppliers) assume the entire cost of all necessary servicing, repair, or correction.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will the Fargo-Moorhead Science Museum or any of its respective licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site, Digital Assets or Works, even if advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.
Jurisdictional Issues
We control and operate this site from the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Choice Of Law
If any disputes arise regarding your use of this Site, such disputes shall be resolved according to the laws of the State of North Dakota, without reference to its choice of law provisions, and the federal or state courts of the City of Fargo and County of Cass shall have exclusive jurisdiction over all claims. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions.
All textual, graphical, and other content appearing on this web site are the property of the Fargo-Moorhead Science Museum or in some cases the property of others from whom the Fargo-Moorhead Science Museum has secured permission.
For all inquiries regarding this policy, contact the Fargo-Moorhead Science Museum at contact@fmsm.org.
