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.
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.
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:email@example.com
or by mail at:
Timmy's Town Center
108 N. Washington Avenue Suite 400
Scranton, Pa., 18503
Attn: _or by fax _
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: firstname.lastname@example.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.
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.
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.