Terms of Use

Terms of Use and Legal Disclaimer

These General Terms and Conditions of Use (“Terms”) are entered into by and between you and the African American Museum of Iowa and its Children’s Oral History Project, Adult Voices; Children’s Eyes. The African American Museum of Iowa is a 501 (c)(3) Organization referred to as “AAMI”, “AAMI-COHP” or “COHP”.

In consideration of your use of and access to this Internet site (the “blackiowavoices.org” website), and the promises and obligations herein, and intending to be legally bound, you and AAMI hereby agree as follows:

You access to and use of the blackiowavoices.org site is subject to these Terms, which incorporate the separately posted Privacy Statement as well as any modifications to them issued by AAMI and all applicable laws and regulations. BY USING THE blackiowavoices.org SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the blackiowavoices.org site.

2. Change in Terms.

AAMI-COHP shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access or use of the blackiowavoices.org site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions in the blackiowavoices.org website. You are responsible for reviewing the AAMI Children’s Oral History website periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by AAMI-COHP to these Terms. ANY ACCESS OR USE OF THE blackiowavoices..org WEBSITE BY YOU AFTER REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than AAMI shall be valid or enforceable against AAMI unless expressly agreed to by AAMI un a writing signed by a duly authorized officer of AAMI.

3. Termination

These Terms are effective until terminated by AAMI. AAMI may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the blackiowavoices.org site, and the restrictions imposed on you with respect to the Content and disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

AAMI shall also have the right without notice and ant any time to terminate the blackiowavoices.org website or any portion thereof, or any service offered through the blackiowavoices.org website, or to terminate any individual’s right to access or use the blackiowavoices.org website or any portion thereof.

4. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the blackiowavoices.org website.

5. Content The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the blackiowavoices.org website, as well as the selection, assembly and arrangement thereof, are referred to collectively as “Content.”

The content may contain errors, omissions, or typographical errors or may be out of date. AAMI may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on AAMI in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by the African American Museum of Iowa or by third parties that have licensed their use to the African American History Museum. You may view and use the Content only for your personal information and for no other purpose, and you shall retain in tact all copyright and proprietary notices. Except as provided in the foregoing, AAMI does not grant to you or any person any right to use, reproduce, copy modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in the Terms or as otherwise expressly permitted in the Content or in a written and signed authorization by the African American Museum of Iowa is strictly prohibited.

6. Linked Third Party Sites

Links to other Internet sites operated by third parties, including AAMI vendors do not constitute sponsorship, endorsement, or approval by AAMI of the content, policies, or practices of such linked sites, including without limitation privacy policy and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

7. Disclaimer and Limitation of Liability as to the blackiowavoices.org website and Content.

AAMI makes no warranties or representations whatsoever with respect to the blackiowavoices.org website or any linked site or its content, including the availability of any site or content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. AAMI also does not warrant or represent that your access or use of the blackiowavoices.org website or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the blackiowa.org website or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all Content provided on the blackiowavoices.org website is provided to users “as-is,” with no warranty of any kind, wither expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as-is” condition of content is expressly made a condition of any transaction arising through or as a result of the blackiowavoices.org website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Under no circumstances shall AAMI, its suppliers or their respective directors, officers, employees, or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out access to or use of the blackiowacoices.org website or any linked site or its contents, including by not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if AAMI is expressly advised of the possibility of such damages.

8. Disclaimer

AAMI makes no representation or warranty with respect to any service offered, except as expressly stated herein, AAMI expressly disclaims all warranties, express or implied, of any kind with respect to services offered on the blackiowavoices.org website, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Under no circumstances shall AAMI, its suppliers or their respective directors, officers, employees, or agents for liable to you or any third party of any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold ir provided on the blackiowavoices.org website, even if AAMI is expressly advised of the possibility of such damages. In no event shall AAMI’s liability exceed the price you paid for the service that is the subject of the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless AAMI, AAMI’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorney’s fees and court costs,) arising out of or relating to your breach of these Terms or your access to or use of the blackiowavoices.org website. The foregoing indemnification obligation shall survive termination of the Terms and the blackiowavoices.org website and any product or service provided to you arising our of or relating to your use of the blackiowavoices.org website.

10. Submissions

Except as otherwise expressly provided herein or in the blackiowavoices.org privacy statement posted on the blackiowavoices.org website, any communication or material you transmit to COHP by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by AAMI, AAMI’s vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission publication, broadcast, and posting. Furthermore, AAMI, AAMI’s vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the blackiowavoices.org website or blackiowa.org website for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

11. Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by AAMI of any breach or default hereunder shall be deemed to be a waiver of any preceding r subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any other reason unenforceable, then that provision shall be severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings any captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

AAMI shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulations, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the blackiowavoices.com website shall not be construed as AAMI’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Iowa. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflicts of law provisions. Additionally, any claims brought against AAMI shall be governed by and construed in accordance with the laws of the State of Iowa. Sole and exclusive jurisdiction for any action or proceeding arising our of, or related to, this Agreement, use of this website, or any orders placed or products purchased on blackiowavoices.org, shall be in the state or federal courts located in the Cedar Rapids Division of the US District Court Northern District of Iowa or the Linn County Courts.