Terms and Conditions of Use
Projected Memory, Inc. provides the www.projectedmemory.org website as well as its mobile website version and related services (such services, collectively, referred to herein as the “Site”), in support of its charitable and educational mission to further the public’s awareness, contemplation, and response to historically traumatic events and sites. The Site supplements Projected Memory’s “visitor-feedback” installations physically on site at memorials and museums around the world, as well as any archive of visitor impressions or public programs/platforms/presentations we offer either online or in-situ. We encourage you to use the Site as a research and information tool, subject to the specific terms and conditions of use (the “Terms and Conditions of Use”) set forth below.
Acceptance of Terms and Conditions
BY ACCESSING THE SITE, INCLUDING BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PROJECTED MEMORY MOBILE APPLICATION, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. THE PROJECTED MEMORY MAY REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM FURTHER USE.
Projected Memory has created and compiled the Site with careful regard for the integrity of those memorial and museum visitors who willingly chose to make their recorded impressions publicly accessible online and on location in various museums, memorials, and other cultural spaces. The Site has also been created and compiled with respect to scholarship and raising public awareness about the various ways our public memories help shape how major historical events are remembered. Beyond our commitment to enabling and encouraging individuals to think critically about major historical events and express their thoughts and feelings in the context of their visits to sites that deal with historical violence, Projected Memory and its Site have no political or ideological agenda on how such events should be remembered. We believe that the context in which we present material is important to understanding it, and we will improve, modify, enhance, and expand the Site on a continuous basis.
Protection of Privacy
Guidelines regarding the Prevention of Hate Speech
Neither Projected Memory nor any of the memorials, museums, or cultural spaces it works with endorses or is liable in the event of hate speech or gestures, or any slanderous, libelous, or other defamatory speech left as messages at the Projected Memory installations nor for any. No hate messages – regardless of the saving status chosen by the visitor – will be made public or will appear on the Site. Please note that the Site may contain thoughts, feelings, or gestures that may be upsetting to some viewers and/or children. The Site is not specifically dedicated to children and Projected Memory does not actively solicit information from children either at its on site visitor-feedback installations or online.
The names, titles, images, trademarks, and logos (the “Projected Memory Trademarks”) that appear on the Site are registered and unregistered marks of Projected Memory. You may not use the Projected Memory Trademarks without Projected Memory’s prior, written permission.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without the prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Projected Memory Trademarks or may be construed to mean that Projected Memory has authority to grant any right or license on behalf of any third-party trademark owner.
The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the “Compilation”), are proprietary to Projected Memory.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of Projected Memory unless your use qualifies as (1) Fair Use or another legislative exemption, (2) Special Permission for Educators, or (3) Press Use, all of which are further described below.
Fair Use and Other Exemptions
Projected Memory does not object to your reproduction, distribution, display, transmission, performance, and use of the Content and/or Compilation if done in accordance with 17 U.S.C. §107 (“Fair Use”), 17 U.S.C. §110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.
Unless otherwise noted on a particular page or section of the Site, no express permission is required from Projected Memory for use that falls within Fair Use or another legislative exemption, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site.
Beyond Fair Use: Special Permission for Educators
Projected Memory recognizes that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of teachers, researchers, and other educators, in accordance with our own charitable and educational mission, we therefore consent to the following additional uses of the Site:
Projected Memory consents to the reproduction, distribution, display, transmission, performance, and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, museum, or other educational organization; provided, however, that such organization is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed. This provision does not apply to corporations who package, prepare, or sell educational materials for teachers and educators. Unless otherwise noted on a particular page or section of the Site, no express permission is required by Projected Memory for the Special Permission for Educators, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site.
Projected Memory provides dedicated pages on the Site for members of the press. See Press. Except where noted otherwise, photographs, images, press releases, and articles (the “Press Materials”) that appear on these pages may be downloaded, reproduced, and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to Projected Memory and the exhibitions/installations, programs, and events covered in the Press Materials in newspapers, magazines, Web publications, television, or other media. Use of the Press Materials for any other purpose requires the additional, prior permission of Projected Memory and may also require the additional, prior permission of third-party rights holders, which permissions are the press user’s sole responsibility to obtain. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or archives under any circumstances.
To the extent you choose to use subsets of information from the Press page on the Site, you agree that your use will not compromise their original context, accuracy, and integrity. Photographs and other images must be reproduced in their entirety; you may not crop or otherwise alter them. All Press Materials must include the identifying information provided by Projected Memory, including proprietary collection information, credit lines, copyright, and trademark notices, if any.
If your proposed use of the Projected Memory Trademarks or Content does not meet the conditions for Fair Use or another legislative exemption, Special Permission for Educators or Press Use, you must request and obtain the express, prior permission of Projected Memory. Please be advised that Projected Memory is selective in granting such permission, and when we do grant permission we generally impose a fee. All fees collected by Projected Memory are used to further Projected Memory’s not-for-profit mission.
Editorial Use of Projected Memory Text and Other Content
Projected Memory does not entertain requests for permission to reproduce or otherwise use text, design, audio, and video components from the Site; however, links to the Site are permitted as described in Links to The Site, below.
If you wish to reproduce or otherwise use trademarks and/or copyrighted material that appears on the Site but does not belong to Projected Memory, you should contact the third parties who are referenced as the rights holders. Projected Memory assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on your behalf.
For permission to reproduce any trademarks or copyrighted material, contact the appropriate museums, memorials, and/or cultural spaces.
Reservation of Rights
All rights not expressly granted by Projected Memory herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Projected Memory has authority to grant any right or license on behalf of any third party.
Links to the Site
Projected Memory appreciates the interest of others in linking to the Site. If you arrive at the Site from a third-party link, please note that a link to the Site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.
If you are interested in providing a link from your site to the Site, please note the following rules:
1. You must use the name Projected Memory or the particular www.projectedmemory.org URL to identify the link.
2. You may not use the Projected Memory logo without the express permission of Projected Memory. These rights are reserved for entities who are professionally associated or affiliated with us.
3. We do not permit unauthorized framing of pages on the Site.
Links from the Site
In using the Site, you may find that Projected Memory provides hyperlinks to one or more third-party websites (the “Linked Sites”). Projected Memory provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. In most instances, such links represent cooperative projects, endeavors, organizations who have a significant connection to our mission and programs. Although Projected Memory expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.
User-Generated Content: Submissions, Comments, Entries
Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, including any images, data or other content, questions, comments, suggestions, or the like, is and will be treated as nonconfidential and nonproprietary. Anything you transmit or post may be used by Projected Memory for any purpose, including but not limited to reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Projected Memory is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products using such information.
Projected Memory may at times provide forums on the Site for the exchange of ideas and information by participants. By participating in or contributing to any such forum or other interactive feature of the Site, you agree in addition to be bound by any rules posted by Projected Memory in connection with the forum or other feature. By posting or distributing information, materials, or modifications to the Site, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Site that you do not own, Projected Memory requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Site that are libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourage a criminal offense; contain any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringe the copyright or other proprietary rights of any third party; or contain any advertising, promotional, or solicitation material. You acknowledge that any submission you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you. Projected Memory specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that Projected Memory believes may violate copyright laws or trademark laws or are otherwise unacceptable. Projected Memory cannot and does not review every submission to the Site and is not responsible for the content of such messages.
Warranty and Indemnification
By using this Site in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions, including Fair Use and the Special Permission for Educators described above. You agree to indemnify, defend, and hold Projected Memory harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Site.
Disclaimer of Warranties
PROJECTED MEMORY PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. PROJECTED MEMORY 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/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. PROJECTED MEMORY DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. PROJECTED MEMORY MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. PROJECTED MEMORY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA, OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE.
Limitation of Liability
NEITHER PROJECTED MEMORY, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, SPONSORS, COLLABORATORS, EMPLOYEES, NOR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as nearly approximate the intent of the parties as possible, and if unreformable, shall be severed and deleted from these Terms and Conditions of Use. Projected Memory’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Projected Memory.
Venue and Choice of Law
These Terms and Conditions of Use and any counterparts, amendments, or revisions thereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
These Terms and Conditions of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof.