Acceptance of Terms
Description of Services
The Digital Wall and Wall Website allow you to upload, share, and browse content (“collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new webpages, are subject to the TOU.
We have no obligation to monitor use of the Services and reserve the right to review and remove material posted on the Digital Wall and Wall Website anytime, at our sole discretion. We also reserve the right to terminate your access to all or some of the Services any time, without notice, for any reason whatsoever. We do not control or endorse the content, messages, or information submitted and posted by users of the Services. As such, we disclaim any liability in connection with the use of the Services or from your participation in such use.
We reserve the right to change or discontinue any aspect or feature of the Digital Wall and Wall Website, without notice, at any time. We make no guarantees, predictions, warranties, express or implied, about the quality of any services or products provided by any individual, company, or affiliate that may be found or featured on the Digital Wall or Wall Website.
We do not guarantee that all information provided on the Digital Wall or Wall Website is accurate, current, exhaustive, complete, or suitable for any purpose that you may have.
Account, Password, Security
In order to use the Services, you must register by providing current, complete, and accurate information as required by the registration form. You may not create a false identity for the purpose of misleading others. You are entirely responsible for maintaining the confidentiality of your own password and account. You are responsible for any and all activities under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss that you may incur as a result of others using your account, either with or without your knowledge. You may not use another person’s account at any time.
Our website allows users to post content on the Digital Wall and Wall Website in the form of graphical images, photographs, pictures, and text in whole or in part (collectively “Content”).
By posting Content, you warrant and represent that you have been granted permission, own, or otherwise control all of the rights related to the Content including, without limitation, all the rights necessary to post, upload, input, provide, or otherwise submit the Content. Likewise, by posting, uploading, inputting, providing, or submitting Content to our website, you grant us the necessary permission to use your Content. This permission includes, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content; to publish your name in connection with your Content; and the right to sublicense such rights to any supplier of the Services.
When you delete Content, it is deleted from the server, Digital Wall, and Wall Website. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others directly from the Digital Wall or Wall Website), or other users may have previously copied and shared your uploaded Content prior to deletion by you or the City. Further deletion may not prevent the forensic recovery of information or data uploaded onto the Digital Wall or Wall Website.
You recognize that Content you submit must adhere to the standards set forth in our TOU. As such, by submitting Content, you understand that you may be granting use of the Content to members of your community, and by the extension, the general public. You recognize that this may result in you extending, without limitation, a non-exclusive, worldwide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content without having your name attributed. If you do not want to license your Content, you agree that you should not submit it.
You agree that we are neither liable nor responsible for the proliferation of your Content, we do not provide nor owe compensation for the use of your Content, and we may be unable to terminate any licenses to Content that you unwittingly extend.
Any Content submitted is considered to be the views of the user and are not necessarily the view of the City, its employees, agents, or affiliates.
Any statements by the City, its employees, agents, or affiliates are provided for informational purposes only.
The information and materials contained in these pages, as well as any terms, conditions, or descriptions are subject to change.
Links to Third-Party Sites
Links posted on our webpages may lead you to a third-party website. These linked websites are not under our control, and we are not responsible for the contents of any linked website. We do not monitor the third-party links listed on our webpages and we do not endorse them.
We do monitor or review files that a user of the Wall Website may upload to our website. You, however, agree that we are not responsible for any adverse effects or impacts that may result from the intentional or unintentional proliferation of malicious software or programs on the Wall Website. Similarly, we are not responsible for any adverse effects or impacts that may result from a user’s upload or download activity on our website.
Your privacy is very important to us. Your personal data (i.e. name and email address) will only be used in connection with the Digital Wall or Wall Website. The City will not pass on your personal data to third parties, just as it will never sell your personal data. If you violate either the terms and conditions of this agreement, or use the Digital Wall or Wall Website for activities in violation of law, the City can pass on your personal data to the relevant authorities.
No Unlawful, Prohibited, or Improper Use
As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by our TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers or any affiliated networks.
- You will not post unauthorized commercial communications (such as spam) on the Digital Wall or Wall Website; or provide any Content you do not have the right to publish or submit. You will not provide any Content or participate in any communications that are defamatory, abusive, illegal, infringing, or otherwise tortious.
- You agree that you will not interfere with any other’s use of the Services. You will not attempt to gain unauthorized access to any of the Services, user accounts, systems, or related databases connected to the Services through hacking, password mining, or through any automated means (such as harvesting bots, robots, spiders, or scrapers) not intentionally permitted by us through written consent. You will not provide any information gathered from the Services to a third party.
- You will not use the Services to engage in chain letters, junk email, multi-level marketing, such as a pyramid scheme, or any duplicative or unsolicited messages (commercial or otherwise).
- You will not upload files or post hyperlinks that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other malicious codes or programs that may damage the operation of the City’s property or another user.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, defame, abuse, stalk, threaten, harass, intimidate, or otherwise violate the legal rights (such as rights of privacy or publicity) of any user.
- You will not post, publish, upload, distribute, or disseminate any Content, topics, names, material, information, comments, stories, pictures, that are: hate speech, slander, inappropriate, profane, defamatory, obscene, indecent, unlawful, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
- You will not use the Digital Wall or Wall Website to do anything unlawful, misleading, malicious, or discriminatory. You will not download any file posted by another user that you know, or should reasonably know, cannot be legally reproduced, displayed, performed, or distributed in such manner.
- You will not use the Digital Wall or Wall Website for any political activities.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Digital Wall or Wall Website.
- You will not facilitate or encourage any violations of this TOU or our policies. We reserve the right to delete your account and refuse service if you are found to be in violation of this agreement or any other of the City’s policies.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Digital Wall or Wall Website.
By using the Services, you represent and warrant that you are using it for solely personal use. You further represent and warrant and that you are not an attorney or an agent of an attorney conducting an investigation for a potential claim related to the City, the Services, or any other material available through the Digital Wall or Wall Website.
Protecting Other People's Rights
- You will not post content or take any action on the Digital Wall or Wall Website that infringes or violates someone else's copyrights, trademark, or otherwise violates the law.
- We can remove any Content or information you upload onto the Digital Wall or Wall Website if we believe that it violates this TOU, or for any other reason, within our sole and absolute discretion, without prior notice.
- You will not post anyone's identification documents or sensitive financial information on the Digital Wall or Wall Website.
Claims Regarding Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), the City has implemented procedures for receiving written notification of claimed copyright infringements. The City has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide to the City a written communication that contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on the Digital Wall or Wall Website of the material that you claim is infringing;
- Your 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
- statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you violate the letter or spirit of this TOU, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services, the Digital Wall, or Wall Website to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account at any time.
LIMITATION OF WARRANTIES
WE TRY TO KEEP THE DIGITAL WALL AND WALL WEBSITE OPERATIONAL, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE DIGITAL WALL AND WALL WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE DIGITAL WALL AND WALL WEBSITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE; OR THAT THE DIGITAL WALL AND WALL WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CITY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF merchantability, fitness for a particular purpose, and warranty of Non-Infringement. THE CITY DOES NOT Warrant that the services provided will meet any requirements or needs you may have, OR that any defects or ERRORS will be corrected IN A TIMELY FASHION.
LIMITATION OF LIABILITY AND REMEDIES
THE CITY neither assumes nor authorizes any other person to assume for it any other liability in connection with the use of the services, THE DIGITAL WALL, and WALL website. THE CITY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. THE CITY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE ABILITY OR INABILITY TO USE THE SERVICES, IN CONNECTION WITH THIS TOU, THE DIGITAL WALL, OR WALL WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF (OR SHOULD HAVE HAD) ANY KNOWLEDGE (ACTUAL OR CONSTRUCTIVE) OF THE POSSIBILITY OF SUCH DAMAGES. THE CITY is not liable for the effects of any service outages, breach of servers (server or client side), or the resulting effects of such OCCURRENCES. Some jurisdictions do not allow the exclusion or waiver of limitation of liability for consequential or incidental damages, so they may not apply to you.
You agree specifically that this limitation will not limit any liability for gross negligence, intentional tortious behavior, unlawful conduct, or damages for strict liability that may not be limited by law.
You agree to defend, indemnify, and hold harmless the City, its officers, and its employees, against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that may incur, arise out of, or result from your use of the Services, the Digital Wall, Wall Website, or from your breach of this TOU.
- This TOU constitutes the entire agreement between the parties regarding the Digital Wall or Wall Website, and supersedes any prior agreements (oral or written). We may amend our policies at any time. If you do not accept our terms at any time, you agree to terminate your account AND NOT USE THE SERVICES.
- If any portion of this TOU is found to be unenforceable or invalid, the remaining portions and clauses will not be affected and will remain in full force and effect.
- If we fail to enforce any portion of this TOU, it will not be considered a waiver or breach of our rights. Waivers of rights are only effective if in writing and authorized by the affected party.
- Any amendment to or waiver of this TOU must be made in writing and signed by the City.
- You are using the Digital Wall or Wall Website freely and voluntarily, and in the future, cannot claim to not have read or understood the terms of the TOU.
- You will not transfer any of your rights or obligations under this TOU to anyone else without our consent.
- All of our rights and obligations under this TOU are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this TOU shall prevent us from complying with the law.
- This TOU does not confer any third-party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Services, the Digital Wall, or Wall Website.
- We do not regularly review the Digital Wall or Wall Website.
Any disputes related to the use of the Digital Wall and Wall Website will be construed, interpreted, and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require the application of the laws of another jurisdiction. By accepting this agreement, all parties irrevocably submit themselves to the exclusive personal jurisdiction and venue of the state and federal courts of Texas, with regard to any dispute between them, arising under, or relating to this agreement. The parties also hereby waive any venue or personal jurisdiction challenge they may have to a lawsuit relating to or arising under this agreement that has been filed in a state or federal court in Texas. You also agree that, prior to the initiation of any legal proceeding, including but not limited to litigation, you will provide the City with notice of your claim and agree to participate in an alternative dispute resolution process or mediation, in good faith.
Intellectual Property Notices
The Digital Wall and Wall Website are protected by United States copyright law, United States trade secret law, United States trademark law, and by international treaty provisions. Do not remove any proprietary notice of the City. All webpages made available to you are the copyrighted work of the City. All rights are reserved.
Use of any Content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party is prohibited.
Do not falsify or delete any proprietary designations or labels as to the origin or source of any Content you submit.
Any other trademarks appearing on the Digital Wall or Wall Website are the property of their respective owners.
Any notices or communications from you to the City must be in writing, in English, and sent to the address below:
El Paso Museum of History
Attn: Digital Wall Moderator
510 N. Santa Fe Street
El Paso, Texas 79901
Phone: (915) 351-3588
Communications from us to you will be sent via electronic mail. You agree that this satisfies any legal requirement of “in writing” from the City to you.