Terms of Use

Important: Please read these Terms of Use and our Privacy Policy (referenced and defined in paragraph 8 below) before using this website (“Website”). Your use of the Website will indicate your acceptance of all of the terms contained herein.

If these Terms of Use and the Privacy Policy are not acceptable to you, then please do not use this Website.

Organization reserves the right to modify or discontinue this Website and these Terms of Use at any time with or without notice to users.

All references to “Organization” in these Terms of Use shall mean The Sports Museum of New England, Inc.

1. This Website is owned and operated by Organization and is for the personal, non-commercial use of its users. As a user of this Website, you agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any materials, information, content, documents, graphics, software, products, or services (collectively, “Materials”) obtained from this Website. Notwithstanding the foregoing, you may view the Website content in its present form and you may download one (1) copy of any Material on any single computer for personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. You recognize that the unauthorized use of this Website and the Materials may subject you to civil or criminal liability.
2. The Materials and this Website are the property of Organization or others and are protected by United States and international copyright law. Organization will strictly enforce its intellectual property rights under these copyright laws. Notwithstanding copyright protection of individual elements appearing on this Website (including but not limited to the Materials), this Website is protected by copyright law as a collective work and/or compilation. You agree to comply with reasonable requests by Organization to protect its contractual, statutory, and common law copyright rights in the Materials. You further agree to abide by any and all copyright notices, information, or restrictions contained on this Website. You are prohibited from using the copyrighted content of this Website for commercial purposes in the absence of the prior written consent of Organization, with Organization reserving the right to withhold, delay, or condition such requested consent in its sole discretion.
3. This Website is protected under United States and international trademark law. Organization will strictly enforce its intellectual property rights under these trademark laws. The trademarks, trade names, logos, service marks, product names, and company names appearing on this Website are registered and unregistered trademarks of Organization. All other trademarks, logos, service marks, product names, and company names on this Website are the property of their respective owners. Under no circumstances should anything appearing on this Website be construed as granting any form of license or authorization to use, reproduce, or distribute the trademarks displayed on this Website. You may not use trademarks appearing on this Website in the absence of a prior and explicit license issued by Organization, with Organization reserving the right to refuse to grant such a requested license in any circumstance in its sole discretion. Misuse of trademarks or any Materials comprising this Website is strictly prohibited. By using this Website, you agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Website. Any copied or downloaded content must retain all trademark and service mark notices.
4. The website and the materials are provided to you on an “as-is” basis. there is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of title, no warranty of non-infringement and no other warranty of any kind, express or implied, regarding the website or the materials. Organization makes no warranty (either express or implied) regarding the use of the website or the materials on the website in terms of completeness, accuracy, timeliness, or reliability. Organization makes no warranty (either express or implied) that the website or the materials are error-free, that they will be uninterrupted, or that they will be corrected. organization makes no representations or warranties (either express or implied) that its website and its server are free of computer viruses or other harmful codes or devices. Organization shall not be responsible for any damage to your hardware, software, data, or property resulting from the website or the materials through any such computer virus or harmful code or device.
5. In no event will organization or its respective officers, directors, employees, or agents be liable to you or anyone else for consequential, incidental, special, punitive, direct, or indirect damages or losses (including but not limited to lost profits and damages that result from accuracy, completeness, timeliness, or inconvenience, delay, transmission error, unauthorized use, or unavailability of the website) arising out of or in any way connected with use of this website or the materials, whether based in contract, tort, strict liability, or otherwise, even if organization has been advised of such damages or losses, to the extents such limitations and exclusions are permitted by applicable law.
6. You agree to defend, indemnify, and hold harmless Organization and its respective officers, directors, employees, and agents from and against any and all claims, actions, demands, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from or related to your use of this Website, your use of the Materials, or your violation of these Terms of Use.
7. This Website may contain links to third-party websites. The links are provided solely as a convenience to you. Organization does not control, guarantee, or endorse the accuracy or integrity of the content located on such linked third-party websites. Organization is not responsible and assumes no liability for the information, content, or software of linked third-party websites and does not make any representations or warranties regarding the quality, safety, or accuracy of materials on such third-party websites. If you decide to access third-party websites, please note that you do so at your own risk.
8. As a condition to use of the Website, you agree to the terms of our privacy policy (“Privacy Policy”), which is available here and which is incorporated herein by reference.
9. In the event that any term or provision in these Terms of Use or Privacy Policy shall for any reason be held invalid or unenforceable, the remaining terms and provisions herein shall remain in full force and effect. No term, provision, or breach shall be deemed waived, unless such waiver is in writing and signed by the waiving party. Any waiver, whether express or implied, shall not constitute a waiver of any different or subsequent term, provision, or breach, or on ongoing waiver of that term, provision, or breach.
10. These Terms of Use and the Privacy Policy shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use or Privacy Policy shall be an appropriate state or federal court located in Suffolk County in the Commonwealth of Massachusetts. You agree to submit to jurisdiction and venue in any state or federal court located in Suffolk County in the Commonwealth of Massachusetts.
11. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Organization with respect to use of the Website.