Virtual Program Terms - Carnegie Museums of Pittsburgh

Virtual Program Terms

Welcome

Carnegie Institute d/b/a Carnegie Museums of Pittsburgh (“CMP”), is a non-profit corporation. CMP includes four museums, Carnegie Museum of Art, Carnegie Museum of Natural History, Carnegie Science Center and The Andy Warhol Museum. CMP is pleased to offer virtual programming and related information and other content (“Program” or “Programs”) in support of our mission.

Please note that children under 18 years of age are required to have their parent or legal guardian’s permission to participate in our Programs. By allowing their child under the age of 18 to participate in a Program, parents and legal guardians are accepting responsibility for their child’s activity while the child is participating in that Program.

Children may also participate in our Programs through their schools and other authorized organizations. In such cases, the school/organization accepts responsibility for the children’s participation in the Program.

Registration Required

All required registration information for a Program must be completed on the Program registration page and submitted (“Program Registration Form”) for individuals participating in a Program (a “Program Participant”) or by a school or other organization for its participants. An individual submitting a Program Registration Form (the “Authorizer,” “you” or “your”) is agreeing for themselves, or for their child or other minor for whom they are legally responsible, or for their organization and those participating through their organization, as the case may be, to accept and to be bound by the terms on the Program Registration Form, these virtual program terms (“Program Terms”) and CMP’s Privacy Policy. If you, as the individual registering as or for a Program Participant(s), do not agree with terms on the Program Registration Form or these Program Terms, or if you do not agree with CMP’s Privacy Policy, which is applicable to all Programs, please do not register for Program participation. By submitting a Program Registration Form, you confirm that you are 18 years of age or older, or are an emancipated minor, or possess proper legal authority to act as an Authorizer for your Program Participant(s).

Acceptance of Terms

By registering for a Program, the Authorizer acknowledges that they have read, understand, accept and agree to abide by the terms contained in the Program Registration Form, these Program Terms and CMP’s Privacy Policy, including the terms and conditions of any third-party vendor administering or hosting the Program (for example, Zoom, Brightspace, etc.). CMP may change these Program Terms and/or the Privacy Policy so Authorizers and Program Participants are encouraged to visit this page from time to time to review the most current Program Terms and Privacy Policy. Participation in a Program after new or revised Program Terms are effective indicates the Authorizer is agreeing for themselves, or for their child or other minor for whom they are legally responsible, or for their organization and those participating through their organization, as the case may be, that they have read and understand and agree to be bound by those new or revised Terms.

Account/Login Information

In some instances, an Authorizer will need to create an account, including a login and password, in order to register for a Program(s). The Authorizer is responsible for all activity on their account and for maintaining the security of the account and login information.

Behavior Expectations

The Programs provide a wonderful opportunity to engage in enrichment learning activities within a safe and positive community of peers. All Program Participants are expected to follow basic rules of behavior, including respecting themselves, others, and program materials. Program Participants who will be seen by other Program Participants should wear clothing and display digital or physical backgrounds appropriate to a respectful learning environment. CMP will not tolerate disrespectful behavior, foul language, display of weapons or illegal substances, or violent or disrespectful gestures of any sort. This includes inappropriate behavior by anyone appearing in backgrounds or Program Participants. CMP reserves the right to immediately end the Program participation of a Participant exhibiting such behavior without a refund. Authorizers registering minor Program Participant(s) are responsible for ensuring that their Program Participant(s) are made aware of and agree to abide by the behavior expectations of the Program(s).

Trademarks, Copyrights and Other Proprietary Rights

Many of the names, trademarks, service marks and logos (“Marks”) displayed in or used in connection with the Programs are registered or unregistered Marks of CMP. Unless otherwise specifically noted, all text, images, Marks, data, film and video files and clips, audio files and clips, archival materials, software, databases, designs and other materials used in or associated with the Programs (“Content”) are protected by trademark or copyright laws and may also be protected by other restrictions. In most instances, CMP is the owner of the compilation of the Content. However, CMP does not necessarily own each component of such compilations. Copyright, trademark rights and other proprietary rights in the Content, including contractual rights and rights of publicity and/or rights of privacy of third-parties, may be held by individuals or entities other than, or in addition to, CMP. For some Content, CMP records do not indicate any evidence of copyright or other proprietary restrictions, however, this does not necessarily mean that no such restrictions exist. Your or a Program Participant’s unauthorized use of the Content or Programs may infringe on these intellectual property and related rights. Downloading, copying, transmitting, distributing, creating derivative works from, modifying, publicly displaying, publishing, selling, or otherwise using or exploiting protected Content or the Programs is expressly prohibited, except for the purposes of fair use as defined in the copyright laws and as described in the Program Description.

Disclaimer of Warranties and Limitation of Liability

CMP disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and non-infringement of copyrights or other third party proprietary rights, arising from participating in the Program or use of the Program or its Content. CMP assumes no liability for any errors or omissions, including the inaccuracy of any Content, or for any damages or losses that participants, organization, or any third party may incur as a result of participating in the Program or use of the Program or its Content. CMP assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect any computer equipment or other property arising from participating in the Program or use of the Program or its Content. CMP, and its affiliates, trustees, directors, officers, employees, and/or agents shall have no liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, even if advised of the possibility of such damages, arising from participating in the Program or use of the Program or its Content.

Indemnification

Authorizers (organizations or individuals) agree to indemnify, defend, and hold CMP and its affiliates, trustees, directors, officers, employees, and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses, and damages, arising from information provided in the Program Registration Form, participation in the Program by your Program Participant(s), unauthorized use of Content, or use of information or materials provided by Program Participants in connection with the Program.

Interactive Features and Participant Generated Content

(a) General. CMP may provide certain interactive features, such as chat functions where Program Participants are invited to engage with instructors, other participants, and others by submitting content such as questions, comments, suggestions, images and tags or displaying materials such as drawings, projects or other items associated with the Program (“Participant Content”). While CMP welcomes diverse insights and views, CMP reserves the right, but not the obligation, to delete any Participant Content, at CMP’s sole discretion, that CMP deems inappropriate. The use of Participant Content in or for a Program does not imply any endorsement of that Participant Content by CMP.

The following types of Participant Content are strictly prohibited:

  • Participant Content that infringes on the rights of a third party such as intellectual property rights, publicity rights, or privacy rights;
  • Participant Content that is threatening, defamatory, obscene, abusive, false, misleading or harmful to minors;
  • Participant Content that contains viruses, corrupted files, or other materials that may cause damage to another’s computer;
  • Participant Content that violates these Program Terms or the terms of use of any sites owned or operated by others;
  • Participant Content that contains advertisements, spam, or other forms of solicitation; and/or
  • Participant Content that could violate any law or regulation.

CMP makes no representations that Participant Content will be used in a Program or remain available on the Program. CMP does not guarantee any confidentiality with respect to Participant Content. You understand that Participant Content of others may be appearing in the Program, that CMP is under no obligation to monitor such Participant Content of others and assumes no responsibility or liability arising from such Participant Content of others, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy contained in such Participant Content of others. While CMP has the right to monitor Participant Content, CMP assumes no responsibility for and have no obligation to remove or modify Participant Content.

(b) Your Representations and Warranties Regarding Participant Content. You understand and agree that you are solely responsible for your Participant Content and the consequences that may arise due to the use of such Participant Content. You affirm, represent, and warrant that you have the necessary licenses, rights, consents, and permissions to use the Participant Content and to authorize CMP to post and otherwise use, and to permit others to use, the Participant Content as set forth in these Program Terms.

License

Authorizer grants CMP a perpetual, royalty-free license, with the right to grant sublicenses, to use, modify, edit, reproduce, and publish Participant Content provided by the Program Participant for purposes of conducting the related Program and making any related recording of the Program available consistent with CMP’s mission.

Jurisdiction, Venue and Choice of Law

These Program Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to Program, may only be brought in a federal or state court located in Allegheny County, Pennsylvania and the Authorizer, Program Participants, organization and their related persons hereby waive any objection that they may have to personal jurisdiction or venue in these courts.

Severability and Waiver

If any provision of these Program Terms is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. CMP’s failure to exercise or enforce any rights or provision of these Program Terms shall not constitute a waiver of such right or provision.

Accessibility Notice

CMP welcomes all participants to our Programs. CMP works to assist participants with disabilities in obtaining reasonable and appropriate accommodations, and in supporting equal access to our websites, services, programs, and activities. Please note that requests for accommodations relating to the Programs should be made at least two weeks prior to the Program. We welcome feedback on how to improve accessibility to our Programs for all participants, and we strive to develop Programs that are accessible to all.

Reservation of Rights

CMP reserves the right to change these Program Terms and the Privacy Policy at any time and for any reason at its sole discretion. Such changes may be made without notice and are effective immediately upon posting, and continued Program participation constitutes acceptance of such changes.