Legal

TERMS OF USE

Welcome to the Velvet Foundation’s website. We are pleased you found us and trust you will find our website informative. We hope the website will raise awareness of LGBT history and will play an integral role in our effort to build a national LGBT history museum in Washington D.C. Please spread the word about our project.

These Terms of Use govern the Velvet Foundation’s relationship with users of our website, which includes the domain velvetfoundation.org and all subdomains (the “Site”). By using the Site, you expressly and unconditionally accept and agree, without limitation or qualification, to all the Terms of Use. Please read the Terms of Use before using the Site.

1. Definitions

The following definitions apply to the Terms of Use:

(a) “Content” is used in the broadest sense and includes, but is not limited to, photographs, text, graphics, logos, names, designations, button icons, images, audio clips, information, data, graphs, videos, typefaces, graphics, music, sounds, and software.

(b) “User” is any person, natural or legal entity, who uses the Site in any way, and includes, but is not limited to, a person who views any part of the Site, contributes content to the Site, and links the Site to other websites.

(c) “Contribute” means providing content to the Site in any way and includes, but is not limited to, uploading, transmitting, posting, linking, and providing content or any other information to the Site, and communicating with other users.

(d) “We/us” refers to the Velvet Foundation, a District of Columbia non-profit corporation.

(e) “You” refers to any user of the Site.

Words defined in this Section 1 may be used with upper- or lower-case letters in the Terms of Use. Any words not defined herein should be given their ordinary meaning.

2. Our Intellectual Property Rights

The Site constitutes our exclusive property. The Site, and all content (other than your content and other users’ content) included on the Site, is the exclusive property of the Velvet Foundation and its licensors and is protected by copyrights, trademarks, or other proprietary rights. We grant you a non-exclusive, non-transferable, and revocable right to access and use the Site for personal use. This right is conditioned on your compliance with the Terms of Use.

You may not access or use any content on the Site for commercial, competitive, or any other purpose except as permitted by the Terms of Use. All rights not expressly granted in the Terms of Use are reserved to the Velvet Foundation and its licensors, and may not be exploited by you without our prior, written consent.

3. User Content

We allow you to contribute content to the Site, including photographs and text. Content you contribute to the Site is accessible to other users. By making your content accessible to other users (as individuals and as a group), you agree in perpetuity to allow any users, free of charge and for personal use, (a) to view your content on or through the Site and other electronic communication media (e.g., mobile phones) for the entire period in which your content is hosted on the Site; and (b) to download and view your content on other media. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization from the appropriate party.

By contributing content to the Site, you are granting the Velvet Foundation a non-exclusive, royalty-free, perpetual, and worldwide license to use the content in any way, including, but not limited to, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content, and/or to incorporate it in a collective work, and/or to incorporate it in a derivative work. This license permits the Velvet foundation to use your content in connection with any activity, which includes, but is not limited to, operating the Site, and operating any museum, which includes incorporating content in museum exhibits and marketing materials.

Due to the nature of the Internet and digital media, data transmitted—including your content—cannot be protected against the risks of misappropriation and/or piracy, for which the Velvet Foundation shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.

4. Your Responsibility as User

The Velvet Foundation believes in free speech. We want the Site to serve as an open forum where users can share their views and experiences. Because the Velvet Foundation must be sensitive to the rights of everyone, we establish guidelines as to user conduct.

Users of the Site are required to comply with any laws and regulations in force. You are thus responsible for ensuring that any content you contribute:

(a) does not violate the intellectual property rights of third parties;

(b) does not cause personal injury to others (including defamation, insults, abuse, etc.), constitute an invasion of privacy, or constitute an impersonation of another person;

(d) contains no child pornography, dangerous or illegal acts (including, but not limited to, incitement to violence, animal abuse or drug abuse);

(e) contains no sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, sexually explicit depiction of male or female genitalia);

(f) is not per se illegal;

(g) does not contain or constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(h) does not upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) does not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(j) does not constitute a criminal offense or incite others to commit criminal offenses or violence; and

(k) does not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

BY CONTRIBUTING CONTENT TO THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE NOT UPLOADING ANY INFRINGING MATERIAL AND EXPRESSLY WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS AND/OR AUTHORIZATIONS FROM THE COPYRIGHT AND/OR TRADEMARK OWNER(S).

We generally do not accept contribution of sexually explicit content to the Site and reserve the right, in our sole discretion, to edit and/or remove sexually explicit content. If we elect to make sexually explicit content available, we will endeavor to provide notice that the content is sexually explicit prior to your viewing such content. By viewing sexually explicit content, you represent and warrant that you are at least 21 years of age.

We may solicit donations from you on the Site. To make a donation online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card number, security code, and expiration date. By providing such information, you represent and warrant that the information you provide is accurate and complete, and that you have the necessary authorization and/or right to provide such information to the Velvet Foundation. You further represent that you are at least 18 years of age and otherwise competent to enter into such transaction.

Failure to comply with the provisions of this Section 4 may result in your content being removed and/or your access to the Site being limited or restricted. In addition, the Velvet Foundation reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable for criminal sanctions applicable to the content in question (fines and/or imprisonment), in addition to any applicable civil damages.

5. Copyright Notifications Pursuant to the Digital Millennium Copyright Act

The Velvet Foundation does not permit copyright-infringing activities and infringement of intellectual property rights on its Site and will remove content uploaded by users (including any content you contribute) if properly notified that such content infringes on another’s intellectual property rights. The Velvet Foundation reserves the right to terminate a user’s account, or limit a user’s access, if a user is determined to be a repeat infringer.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Velvet Foundation’s copyright agent the written information specified below:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

• A description of all of the copyrighted works that you claim have been infringed upon;

• A description of where the material that you claim is infringing is located on the Site, including, if possible, a URL of the specific location of the infringing material;

• Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address;

• 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; and

• 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.

The Velvet Foundation’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

6. Minimum Age

Children under the age of 13 are not permitted to use the Site. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. The Velvet Foundation does not knowingly collect any information from anyone under the age of 13. If you are the parent or legal guardian of a child under 13 who you believe has submitted information to the Site, please contact us immediately at .

7. Links

As a convenience to you, the Site may contain links to websites operated by other entities (a “Linked Site”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Velvet Foundation has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored, or otherwise governed by the Velvet Foundation. Links from our Site to any Linked Site do not constitute an endorsement by the Velvet Foundation of a Linked Site, or the products, content, materials, or information presented or made available by such Site. You acknowledge and agree that the Velvet Foundation is not responsible for any damages or losses of you or any other person caused or alleged to have been caused by your use of any Linked Site, or from the products, content, material or information presented by or available through those Site.

8. Our Obligation and Liability as Host

Material made available on the Site does not necessarily represent the opinions of the Velvet Foundation. The Velvet Foundation assumes no responsibility for the accuracy, suitability, or completeness of content provided on the Site.

We are under no legal obligation to monitor content transmitted via or stored on the Site. Although the Velvet Foundation and its affiliates may, from time to time, monitor, review and/or delete discussions, articles, text, chats, postings, transmissions, bulletin boards, photographs, videos and other content on the Site, neither The Velvet Foundation nor its affiliates is under any obligation to do so. You acknowledge that content contributed by users on the Site are those of their respective authors, who are solely liable for their content. The Velvet Foundation and its affiliates reserve the right, in their sole discretion, to edit, refuse to post, or remove any content submitted to or posted on the Site.

We are under no legal obligation to monitor content transmitted via or stored on the Site. We will endeavor to: (i) respond to certain content that has been brought to our attention, (ii) retain your connection data, which is confidential and treated in compliance with the laws and regulations relating to our Privacy Policy, and (iii) remove all clearly illegal content which has been effectively brought to our attention.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. THE VELVET FOUNDATION, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE “THE VELVET FOUNDATION PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE VELVET FOUNDATION PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITE. THE VELVET FOUNDATION PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SITE OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS’ ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT NONE OF THE VELVET FOUNDATION PARTIES SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL ANY OF THE VELVET FOUNDATION PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, REGARDLESS OF WHETHER ANY SUCH VELVET FOUNDATION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THESE TERMS.

We hope that we will identify potential acquisitions for our museum in the content users contribute to the Site. However, our allowing you to use the Site does not constitute an offer to buy property from you, an acceptance of an offer by you to sell us property, or a representation that we will consider incorporating your property or content in a museum or any other aspect of our operations. This provision does not affect the validity of the license you grant us in contributing content to the Site pursuant to Section 3 of the Terms of Use.

9. Indemnification

You agree to indemnify and hold harmless the Velvet Foundation, its officers, directors, employees and agents against any claim, action and/or complaint by any third party to which we may be exposed and you agree, in this regard, to accept exclusive liability for any sums, damages, costs, lawyers’ fees, and court costs for which we may be held liable arising from your submission of material to the Site or your violation of the Terms of Use.

10. Choice of Venue/Law; Waiver of Jury Trial

You agree that the Velvet Foundation shall be deemed to be a passive website that is based solely in the District of Columbia and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than District or Federal court in the District of Columbia.

The Terms of Use shall be governed by and construed in accordance with the laws of the District of Columbia without reference to the District of Columbia’s choice- or conflicts-of-laws rules. In the event a dispute arises out of the Terms of Use, you agree that the Federal and District courts of the District of Columbia shall be the sole and proper venue for adjudication of such dispute.

YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY OF THE SITE.

11. Electronic Signatures

You agree to be bound by any affirmation, assent, communication, or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from the Velvet Foundation solely through electronic transmission. You agree that, when you click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

12. Entire Agreement

The Terms of Use and our Privacy Policy, which is incorporated herein by reference, constitute the entire agreement between the Velvet Foundation and you with respect to the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Velvet Foundation with respect to the Site. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

13. Privacy Policy

Please review our Privacy Policy, which is incorporated by reference in the Terms of Use.