Terms & Conditions of Use
Timmy's Town Center ("TIC") is a private, not-for-profit organization
formed to create a children's museum.
This website (the "Website") is provided to you under these Terms
& Conditions of Use (the"Agreement") and any amendments or supplements
to them that may be posted by TIC from time to time.
Binding Agreement.
By using the Website, you accept these Terms & Conditions and agreeto be
legally bound by them. You should not use the Website if youhave any objections
to any of these Terms &Conditions.
Modification or Suspension of the Website You agree that TIC may, in its sole
discretion, and at any time, modify, discontinue, or suspend its operation of
this Website, or any part thereof, temporarily or permanently, without notice
to you, and you agree that TIC will not be liable for any consequences of doing
so.
Modifications to the Terms & Conditions of Use TIC may make changes to these
Terms & Conditions from time to timein its sole discretion, and will post
any such changes on the Website. Each time changes are made, notice of these
changes will be posted on the home page. Your continued use of the Website following
the posting of changes constitutes your acceptance of any such changes.
Contact Information
If you have any questions or concerns with respect to these Terms & Conditions
or the Website you may contact a representative of TIC by mailto:info@timmystowncenter.org
or by mail at:
Timmy's Town Center
108 N. Washington Avenue Suite 400
Scranton, Pa., 18503
PHONE: 570-585-2931
Attn: _or by fax _
Electronic Communications
When you communicate with us via email through the Website, you are communicating
with us electronically. You agree that we may communicate electronically and
that such communications are equivalent to communications in writing and shall
have the same force and effect as if they were in writing and signed by the
party sendingthe communication.
Compliance with Laws
You agree to comply with all applicable laws, statutes, rules andregulations
regarding your use of the Website, including, withoutlimitation, intellectual
property laws and privacy laws.
Protection of Intellectual Rights and License
You acknowledge that content available through the Website, including, without
limitation, content in the form of text, graphics, software, music, sound, photographs,
and videos (collectively, the"Intellectual Property"), is protected
by copyright law, trademark law,patent law, and/or other proprietary rights
and laws. Except as
expressly authorized by TIC herein, you agree not to copy, modify, rent, lease,
loan, sell, assign, distribute, license, reverse engineer, or create derivative
works based on the Website or any content (including, without limitation, any
software) available through theWebsite.
You are hereby granted a nonexclusive, nontransferable, revocable,limited license
to view, copy, print, and distribute content retrieved from the Website for
your personal, noncommercial purposes, provided that you do not remove or obscure
the copyright notice or other notices displayed on or included with the content.You
may not download, transmit, reproduce, copy, reprint, modify,rewrite, create
derivative works from, distribute, publicly display, publicly perform, license,
lease, transfer or sell content retrieved from the Website in any way, for any
public or commercial use or provide itto any commercial source, including other
websites, regardless ofwhether or not you receive compensation, without the
express, priorwritten permission of TIC. You may not frame any trademark, logo,
or other proprietary information on this Website without the express, prior
written consentof TIC. Except as expressly provided in the Agreement, nothing
contained in the Agreement or on the Website shall be construed as conferring
any other license or right, expressly, by implication, byestoppel, or otherwise.
Any rights not expressly granted herein arereserved.None of the material contained
on this Website (including all software,
HTML code and other code) may be reverse-engineered, disassembled, decompiled,
transcribed, stored in a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means (electronic, mechanical,
photo-reproduction, recordation orotherwise), resold or redistributed without
the prior written permission of TIC.Except as otherwise noted, all content posted
on this Website is: Copyright © 2008 Timmy's Town Center All Rights
Reserved
TIC has adopted a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material or data, please contact us. We can be reached bye-mail at: info@timmystowncenter.org
Notice and Procedure for Making Claims of Copyright Infringement
TIC asks our users to respect the intellectual property of others.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512,
TIC has designated an agent to receive notices of claimed copyright infringement.
If you believe in good faith that your work has been
copied in a way that constitutes copyright infringement, please provide TIC's
Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to acton behalf
of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located
on the Website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, orthe law; and
6. A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
TIC's Copyright Agent for Notice of claims of copyright infringement
on its Website is , who can be reached as follows:
by email at: or by mail at: or by fax at: _or by telephone at _
You may want to seek the advice of independent legal counsel beforefiling
a notification.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TTC BE LIABLE
FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, ANY LOSS OF USE, LOSSOF PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE AND STRICT
LIABILITY), OROTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE,
THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL
APPLY WHETHER OR NOT TTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN,
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TTC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. TTC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE
WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TTC
MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR
OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA.
Indemnification
You agree to indemnify and hold harmless TIC, its directors, officers, employees,
agents, subsidiaries, parents, and affiliates, from and against any and all
liability, losses, claims, demands, disputes, damages, and costs of any kind,
including, without limitation, reasonable attorneys' fees and costs of litigation
resulting from or in any way connected with your use of the Website.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority
to be invalid, you agree that every attempt shall be made to give effect to
the parties' intentions as reflected in that provision, and the remaining provisions
contained in the Agreement shall continue in full force and effect.
Applicable Law
The Agreement and the resolution of any dispute related to theAgreement or the
Website shall be governed by and construed in accordance with the laws of the
United States, including without limitation federal copyright and trademark
laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts
entered into and to be wholly performed therein, without giving effect to any
principles of conflicts of law or choice of law. Any legal action or proceeding
between TIC and you related to the Agreement shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in Pennsylvania;
and you agree to submit to the personal and exclusive jurisdiction of such courts
and waive any right or claim that the this is an inconvenient forum.
These Terms & Conditions were last updated on October 1, 2008.