THE WING’S TERMS AND CONDITIONS
This website (“Website”), located at the krajty.com and affiliated domain names, is published and maintained by Wing Luke Museum of the Asian Pacific American Experience (The Wing) in Seattle, Washington. By accessing and using the Website, and/or using the services offered on or through the Website (the “Services”), you agree to this Terms and Conditions Agreement as it may be amended from time-to-time.
1. Website Purpose.
The purpose of the Website is to provide the public with general information about The Wing, including exhibition, collection, event and visitor information. The Website, all Services, and all Content
(meaning all material on the Website or offered through any Services, including, without limitation, all images, text, audio, video marks, logos, software, and their selection and arrangement) are provided only for personal, educational, and non-commercial use.
2. Copyright Ownership and Restrictions.
All Content is owned and controlled by The Wing and/or its affiliates and licensors, and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. You agree to abide by all such laws and all restrictions displayed on the Website in conjunction with particular Content. Copyright, certain moral rights and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on this Website, may be held by individuals and/or entities other than The Wing. This includes reproductions of works of art licensed to The Wing by third parties, such as an artist or an artist’s estate holding rights to these works. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or materials contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website.
3. Inappropriate Use and Access.
(a) You may not use the Website or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
(b) You may not use the Website or Services to send spam or any unsolicited email advertisements to any user of the Website, or to the Website itself, through voice computer systems.
(c) You may not take any action that imposes or may impose an unreasonable or disproportionately large load on The Wing’s network infrastructure, as determined by The Wing in its sole discretion.
(d) You may not interfere or attempt to interfere with the proper working of the Website or any Services.
(e) You may not bypass any measures The Wing may use to prevent or restrict access to the Website, Content, or Services.
(f) You may not link from any other website to this Website in any manner such that this Website, or any Content, is “framed” or surrounded by any other content, materials, or branding.
Your use of the Website, Content, and Services is at your own risk. THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, THE WING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
AND/OR THE WING’S NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE WING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES, EVEN IF THE WING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE WING’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES.
You agree to defend, indemnify and hold The Wing and any affiliated companies or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users.
The Website may contain links to other websites (“Linked Sites”) operated by parties other than The Wing. The Wing has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and The Wing is not responsible for the content of any off-site pages or other Linked Sites. The Wing’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators.
The Wing may block, suspend, or terminate your use of the Website, Content, or Services at any time for any reason. Reasons The Wing might do so include, but are not limited to, the following: (a) your breach of this Agreement; (b) The Wing is unable to verify or authenticate any information you provide to us; (c) The Wing believes that your actions could cause financial loss or legal liability to The Wing or other users of the Website; and (d) routine network maintenance affecting all users.
8. Changes to this Agreement.
The Wing retains the right to revise this Agreement, in whole or in part, at any time. Your use of the Website or any Content or Services after any particular revision of this Agreement will
constitute your acceptance of the revised Agreement.
9. Governing Law and Venue.
The Website is created and controlled by The Wing in the state of Washington. This Agreement is governed by the laws of the state of Washington, without regard to its conflict of laws and
principles. By using the Website, Content, or Services, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of or relating to your use.
This is the entire agreement between you and The Wing and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The Wing’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
11. Digital Millennium Copyright Act (DMCA) Notice
In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is IT@krajty.com.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to
act on behalf of that owner; Your address, telephone number and email address; and Your physical or electronic signature.
Wing Luke Museum of the Asian Pacific American Experience
719 S. King St.
Seattle, WA 98104