Terms of Service

Last updated: March 31, 2023.

Important: Please read these terms carefully. The Section titled “Arbitration” contains an arbitration agreement and class action waiver that apply to all claims brought against Museum of Science Fiction and could significantly affect your legal rights.

INTRODUCTION

These Terms of Service (“Terms”) govern the legal obligations between you and the Museum of Science Fiction (“MoSF,” “the Museum,” “we,” “us,” or “our”) by which you can access and use the Museum of Science Fiction’s website, app, platform, and any other products, services, content and features we make available to you (collectively, the “Service”). These Terms are a legally binding agreement.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

Other policies and terms may apply to parts of the Service and are incorporated to these Terms. The Museum of Science Fiction Privacy Policy and Community Guidelines are incorporated into and form part of these Terms. Please review these documents prior to using the Services. By using the Service you are agreeing to these Terms, including the Privacy Policy and Community Guidelines.

We may decide to update these Terms from time to time by posting the changes on this page and updating the “Last updated” date above. Any changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. If you continue to use the Service after the date the changes become effective, you agree to the changes. If you do not agree, you must stop using the Service.

USE OF THE SERVICE

Accounts

To use our Service now or in the future, you may be required to create an account (“Account”) by providing information like a username, email, or password, or by connecting a valid account on a social networking platform (“Social Networking Platform(s)”). You must provide accurate, current, and complete information at all times. Users do not own their Accounts.

TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICE, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 365 DAYS.

You are responsible for maintaining the security and confidentiality of your Account. If you think your Account or information has been compromised, notify the Museum of Science Fiction immediately. Museum of Science Fiction will not be liable to you for any loss or damage arising from any unauthorized activity on your account or any linked services, or any other failure to secure access to those linked accounts or services. You are fully responsible and liable for any and all activities that occur under your login information or Account, including purchases, whether or not authorized by you.

If you access the Service from a social network site or service, such as Facebook, or download the Service from another platform, such as Apple or Google, you must also comply with that third party’s terms and policies in addition to these Terms.

Additionally, due to your geographic location, the Service or some of its features or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.

Restrictions on Using the Service

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Service for any purpose that is illegal or beyond the scope of the Service’s intended use (in the Museum of Science Fiction’s sole judgment).

The Service is not intended for children, and you must be at least 18 years old to use the Service and create an account. If you are under 18 years old, you may use the Service only with the approval of your parent or legal guardian, and you represent that you have your parent or guardian’s permission to use the Service. Please have them review these Terms with you.

You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:

  • use your Account for commercial purposes;

  • use your Account to advertise, solicit, or transmit any commercial content (e.g., chain letters, junk e-mail, repetitive messages, spam); 

  • interfere with, disrupt, or create undue burden on the Service or the networks or services connected to the Service by means including, but not limited to, hacking into the Site or using the Service to send unsolicited emails or other communications;

  • use the Services in any way or for any purpose that is, or upload, post, share, or link to any information that contains content that is, unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by the Museum of Science Fiction;

  • upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;

  • upload, post, reproduce, or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;

  • crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Service;

  • create an Account using a false identity or information, or on behalf of someone other than yourself;

  • share your Account details with others, let anyone else use your Account, or do anything that jeopardizes the security of your Account;

  • circumvent any of the Service’s security measures, reverse engineer any portion of the Site, obtain the Service source code, or create back doors or any form of unauthorized access to the Service; or

  • upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of, or create or exploit vulnerabilities in, the Service.

     

Museum of Science Fiction may terminate your account without notice if you violate any of the above restrictions and may block or restrict your use of the Services temporarily or permanently, in its sole discretion. Museum of Science Fiction may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Museum of Science Fiction will not be liable to you or any third party for any termination of your access to the Service.

Museum of Science Fiction reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.

You are solely responsible for your interactions with any other user in connection with the Service and Museum of Science Fiction will have no liability or responsibility with respect thereto. The Museum of Science Fiction reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

Linking
You may link to publicly available portions of the Service if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Service must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

Changes to the Services

We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Service altogether. We may take any of these actions at any time for any reason, with or without notice. The Museum of Science Fiction will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

INTELLECTUAL PROPERTY RIGHTS

Content on the Service is owned by Museum of Science Fiction and its licensors, including exhibits, information, material, software, images, text, graphics, “look and feel” of the Service, and all related intellectual property rights (“Museum of Science Fiction Content”). The Service is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. You may not copy, display, create derivative works from, or otherwise use any Museum of Science Fiction Content without the Museum of Science Fiction’s or our licensors’ explicit authorization. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.

You must not reproduce, sell, or exploit for any commercial purposes any part of the Service, access to the Service or use of the Service or any services or materials available through the Service.

The Museum of Science Fiction grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service for your personal use consistent with these Terms. You agree not to use the Service for any other purpose than as specifically authorized. Any rights not expressly granted herein are reserved by Museum of Science Fiction and its licensors. The Museum of Science Fiction will have no liability to you for any damage or loss arising from unauthorized uses.

For clarity, the foregoing permissions are limited to the Service, and no rights are granted with respect to any servers, computers, or databases associated with the Service.

Virtual Items

Through our Service, you may now or in the future be able to “earn,” “buy,” or “purchase” virtual items (“Virtual Items”). You do not own Virtual Items, regardless of whether you “earned” those Virtual Items or “purchased” them. When you purchase Virtual Items, you are purchasing a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The Virtual Items do not reflect any real-world balance or stored value, but rather a measurement of the extent of your license. Your Account and any related Virtual Items are owned by Museum of Science Fiction and its licensors, and Museum of Science Fiction gives you a limited license and right to use your Account and related Virtual Items as a part of the Service.

The Museum of Science Fiction prohibits and does not recognize any transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Museum of Science Fiction in writing. You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without the Museum of Science Fiction’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. The purchase and sale of the limited license in these Virtual Items is deemed a completed transaction upon receipt of your direct payment. All sales are final.

User Content

Parts of the Service may let you create, share, send, receive, or store content that is not Museum of Science Fiction Content (collectively, “User Content”). All User Content will be considered non-confidential and non-proprietary. You grant Museum of Science Fiction and its affiliates a nonexclusive, worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in any way permitted by applicable law. You are entirely responsible for all User Content you transmit via the Service. You represent and warrant that you own all of the rights, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.

All User Content must comply with the following content standards: User Content must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that if you do not have the right to submit User Content for all uses, it may subject you to liability.

The Museum of Science Fiction assumes no responsibility for User Content or for monitoring the Service or User Content. While not required to do so, Museum of Science Fiction may (i) edit, refuse to post, or remove any User Content in its sole discretion; and (ii) monitor or record your interactions with the Service (including chat, text, and voice communications). By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.

THIRD-PARTY SERVICES

The Service may contain links to or integrations with third-party websites, applications, or services (altogether, “Third-Party Services”) that are subject to different terms and privacy practices. The Museum of Science Fiction does not own or control those Third-Party Services, and is not responsible or liable for any aspect of such Third-Party Services, including any damage you suffer as a result of your interactions or transactions with Third-Party Services. Links and integrations to Third-Party Services are not an endorsement or recommendation.

INDEMNITY

You agree to release, indemnify and hold Museum of Science Fiction and its affiliates and their officers, employees, directors, suppliers, and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another.

FAIR USE ACT DISCLAIMER

This website, VR environment, and mobile app are for educational purposes only

**FAIR USE**

The Museum of Science Fiction websites, VR environments, and mobile app are for educational purposes only. Fair use is a use permitted by copyright statute that might otherwise be infringing on certain copyrighted works.

The Museum of Science Fiction is an educational nonprofit organization and is aware of US copyright laws governing fair use of copyrighted material and acknowledges the use of certain copyrighted works for transformative purposes that might otherwise be infringing on certain copyrighted works.

Fair Use

The Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, parodying, scholarship, education and research.

Fair use is a use permitted by copyright statute that might otherwise be infringing.
Non-profit, educational, or personal use tips the balance in favor of fair use.

FAIR USE DEFINITION
Source: http://en.wikipedia.org/wiki/Fair_use

Section 107 of the Copyright Act of 1976 (also known as the Fair Use Act) is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.  The term “fair use” originated in the United States.  A similar principle, fair dealing, exists in some other common law jurisdictions.  Civil law jurisdictions have other limitations and exceptions to copyright.

U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION
Source: http://www.copyright.gov/fls/fl102.html

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords.  This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code).  One of the more important limitations is the doctrine of “fair use.”  The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.  Section 107 also sets out in four factors to be considered in determining whether or not a particular use is fair:

  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

  2. The nature of the copyrighted work

  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

  4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MUSEUM OF SCIENCE FICTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MUSEUM OF SCIENCE FICTION MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

The Museum of Science Fiction does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Service, the Museum of Science Fiction’s servers, or electronic communications sent from Museum of Science Fiction are free of viruses or other harmful components.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MUSEUM OF SCIENCE FICTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MUSEUM OF SCIENCE FICTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, COMMON LAW, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE MUSEUM OF SCIENCE FICTION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE LESSER OF FIFTY DOLLARS ($50) OR THE TOTAL AMOUNT YOU HAVE PAID (IF ANY) TO THE MUSEUM OF SCIENCE FICTION UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

IF THE JURISDICTION WHERE YOU RESIDE DOES NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES PROVIDED IN THESE TERMS, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF YOUR STATE OF RESIDENCE.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most issues can be resolved quickly and amicably by contacting Museum of Science Fiction directly at vr@musemofsciencefiction.org. But we understand that sometimes disputes can’t be easily resolved by Museum staff. This section explains how You and the Museum of Science Fiction agree to resolve those disputes.

Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and the Museum of Science Fiction, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court, if your claims qualify. Further, this does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can seek relief against us on your behalf if the law allows. You agree that, by entering into these Terms, you and the Museum of Science Fiction are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this section. Arbitration will be conducted by a single, neutral arbitrator in accordance with JAMS ADR (“JAMS”) rules and procedures.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND THE MUSEUM OF SCIENCE FICTION AGREE THAT UNDER ALL CIRCUMSTANCES EACH OF US MAY ASSERT CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. LIKEWISE THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). NOTWITHSTANDING THE FOREGOING, YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

If all or any provision of this Arbitration requirement is found invalid, unenforceable, or illegal, then You and the Museum of Science Fiction agree that the provision will be severed and the rest of the Terms shall remain in effect and be construed as if any severed provision had not been included. 

GENERAL

Entire Agreement

These Terms, as updated and amended from time to time, constitute the entire agreement between you and the Museum of Science Fiction and govern your use of the Service, superseding any prior agreements between you and the Museum of Science Fiction with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

No Waiver & Severability

The failure of the Museum of Science Fiction to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found legally unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions.

Governing Law & Venue

These Terms will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Museum of Science Fiction agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Virginia.

Contact Information

For general questions, and to the extent necessary for DMCA copyright notices, data protection or data privacy matters, contact us at vr@musemofsciencefiction.org.