The Tech Museum of Innovation (“The Tech,” “we” or “us”) provides www.thetechvirtual.org (the “Site”).  Through the Site, The Tech allows users to access and use services that we offer related to sharing and developing exhibits in both virtual online environments (“InWorld,” as defined below) and offline.  (All of the foregoing services are referred to collectively as the “Services.”)  This Tech User Agreement (the “Agreement”) is a legal agreement between you (“User” or “you”) and The Tech. “InWorld” as used in this Agreement means using or accessing services while in a third party virtual online environment or online multi-user service, such as Second Life.

This Agreement sets forth what you can do at the Site and also limits The Tech’s liability and obligations to you. We may change, suspend or terminate your access to and use of the Site and Services.  We urge you to carefully read the terms and conditions of this Agreement and all policies referenced here or elsewhere on the Site.  Those policies are all incorporated into this Agreement by reference and form part of this Agreement.

Under the terms, conditions and policies of any third party virtual online environments or multi-user services that you use, such as Second Life, you have obligations to the providers of those services.  You, and not The Tech, are responsible for your compliance with those requirements.  By allowing you to access, use, post, create, share, submit information or otherwise through The Tech Site and/or Services, The Tech does not suggest, warrant or guarantee that your use of any particular service is allowed by that service, nor that it complies with any laws or regulations that may apply to your use.  The Tech is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any rules, policies or procedures applicable to your activities.

1. Eligibility for Use.   To register as a User, and utilize the Site and the Services, you must be at least 13 years old. You are responsible for all equipment necessary to use the Site and Services.

2. Proprietary Rights and Ownership. 
(a)    Content. 
(i) Certain types of content are made available through the Site and Services. “Content” as used in this Agreement means, collectively, the text, data, graphics, images, The Tech’s trademarks and logos and other content made available through the Site and Services, excluding User Submissions.  “User Submissions” as used in this Agreement means, collectively, the text, data, communications, messages, graphics, images, photos, video files, InWorld objects and scripts, and other content and information which you and/or other Users post, upload and/or otherwise submit to the Site or Services.
(ii)  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Content, User Submissions or related products and services. Other than your User Submissions, The Tech and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services and Content contained therein.

(b)    User Submissions.
(i)    License Grant.   You hereby grant The Tech a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your User Submissions, both InWorld and/or offline. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant these licenses to The Tech.

(ii)    Creative Commons License.  Your User Submissions are governed by the Attribution 3.0 Unported Creative Commons License (the “Creative Commons License”) which can be found here: http://creativecommons.org/licenses/by/3.0/legalcode. This license allows others to copy, distribute, transmit and adapt your User Submissions as long as they attribute your User Submissions to you.  Derivative works based on exhibit concepts need to include attribution to all those who contributed to the exhibit project (as listed on the project’s home page) and to The Tech Museum of Innovation.

You understand that by clicking the “I Agree” button, by using the Site (including any content provided therein) or Services or by posting any User Submissions you are agreeing to be bound by this Agreement and the Creative Commons License.  If you do not accept this Agreement in its entirety, you may not access or use the Site or Services.  If you agree to this Agreement on behalf of a business, you represent and warrant that you have the authority to bind that business to this Agreement and your agreement to these terms will be treated as the agreement of the business.  In that event, “you” and “your” refer herein to that business.

(iii)      Disclaimer.   The Tech does not have any obligation to monitor the User Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Users, including, without limitation, any information obtained by using the Site or Services. The Tech does not endorse any User Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Tech with respect thereto.

3. Registration.

• When you register for an account with The Tech you must provide accurate and complete information.  You agree to promptly update The Tech with any new information, including all the correct names of project team members.  You will need to verify any avatar name that you wish to use in connection with the Site or Services. We encourage you to read our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of information we receive from Users.
• You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information.  You agree that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions.  You agree to immediately notify The Tech of any unauthorized use of your username or password.

4. Termination or Suspension of the Site or Services & Modification of the Agreement.

• The Tech reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate this Agreement without advance notice.  All modified terms and conditions will be effective immediately upon posting on the Site.  If any modification is not acceptable to you, your only recourse is to cease using the Site and Services.  By continuing to use the Site or Services following any posting of a new Agreement or policies on the Site, you accept and agree to be bound by the new Agreement or policies.  
• Without limiting other remedies, The Tech may at any time suspend, terminate access to or refuse to provide access to the Site or Services without reason and/or notice to you.  Such termination or suspension amounts to a termination of this Agreement by The Tech and any such suspension, termination or cancellation will not affect your obligations to The Tech or other Users under this Agreement (including, but not limited to, proprietary rights and ownership, indemnification and limitation of liability).  In addition, The Tech may notify authorities or take any actions it deems appropriate, without notice to you, if The Tech suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of this Agreement or any policies or rules established by The Tech; or (ii) engaged in actions relating to or in the course of using the Site or Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, The Tech or any other third parties or the Site or Services. 

5.    User Obligations and Restrictions.

• You are solely responsible for your interactions (including any disputes) with other Users.  You understand that The Tech does not in any way screen Users.
• You will only upload, post, submit or otherwise transmit User Submissions: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). The Tech has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.  Please see The Tech Museum of Innovation Copyright Policy for further information.
• You will not upload, post, submit or otherwise transmit, via the Site or Services, any User Submissions (including screen names) that: (i) are unlawful, harmful, threatening, harassing, defamatory or hateful; (ii) contain objects or symbols of hate, invade the privacy of any third party; or (iii) are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, constitute hate speech.  The Tech reserves the right to delete or remove any User Submissions that are otherwise objectionable in the sole discretion or opinion of The Tech.
• You will not upload, post, submit or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs: (i) designed to harm, interrupt, destroy or limit the functionality of any computer, computer software or system; (ii) intended to interfere with the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or (iii) which is hidden or otherwise contained within images, audio or video.
• You will not: i) impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud; ii) collect or store personal information about other Users without their express permission; or iii) encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
• You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services.

6.    Feedback.  We encourage you to provide feedback, comments and suggestions regarding the Site and Services (“Feedback”) and encourage you to send us your thoughts at info@thetechvirtual.org.  You acknowledge and agree that all Feedback will be the sole and exclusive property of The Tech and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to The Tech together with all intellectual property rights therein. 

7.    Indemnification. You agree to defend, indemnify, and hold The Tech, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing; or (v) any claim related to or arising out of your activities InWorld.

8.    Disclaimer. THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. THE TECH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, (INCLUDING THOSE COMMUNICATIONS BETWEEN USERS), INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  IN ADDITION, THE TECH MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9.    Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE TECH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY USER, INWORLD, ONLINE OR OFFLINE, WHETHER OR NOT THE TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TECH’S AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED $20. THE TECH WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS OF ANY VIRTUAL ONLINE ENVIRONMENT OR MULTI-USER ONLINE SERVICE, SUCH AS SECOND LIFE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

10.    Relationship of the Parties.  Notwithstanding any provision hereof, for all purposes of this Agreement each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

11.    Notice; Consent to Electronic Notice. You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement and (b) electronic records to store information related to this Agreement or your use of the Site or Services.  Any notice or other communication to be given hereunder will be in writing and given (a) by The Tech via email (in each case to the address that you provide), (b) a posting on the Site or (c) by you via email to info@thetechvirtual.org or to such other addresses as The Tech may specify in writing.  The date of receipt will be deemed the date on which such notice is transmitted.

12.    Links to other Websites. The Site or Services may provide links to websites other than www.thetechvirtual.org. Such links are provided for reference only, and The Tech neither controls such websites nor endorses any of the material on any such websites or any association with their operators. The Tech is not responsible for the activities of such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

13.    Miscellaneous.  In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.  You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of The Tech and any prohibited assignment will be null and void. The Tech may assign this Agreement or any rights hereunder without your consent. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.  Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and The Tech’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and The Tech.  This Agreement together with the rules and policies of The Tech and other Agreements incorporated herein by reference constitutes the entire agreement between The Tech and you with respect to the subject matter of this Agreement.
 
14.    Questions.  If you have questions about this Agreement or would like to request a copy of this Agreement or any other records relating to this Agreement or your use of the Site and/or Services, please contact The Tech by emailing us at info@thetechvirtual.org or by sending a written request to The Tech Museum of Innovation at 201 S. Market Street, San Jose, CA  95113 Attn: The Tech Virtual.

Last Modified: December 11, 2007