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TERMS OF SERVICE

Welcome to the Museum Secrets website - accessible to users through www.museumsecrets.tv, and owned and operated by Kensington Communications Inc.

Please read these Terms of Service carefully before using this website. By using the Museum Secrets site (the "Website"), you are agreeing with the following terms of service and privacy policy.

1. Acceptance of Terms

Welcome to Museum Secrets! Museum Secrets provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Museum Secrets services, you and Museum Secrets shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. Description of Service

Museum Secrets currently provides users with access to a rich collection of resources, including various communications tools, databases of information, collections of expressions, forums, and content through its web site(s) (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Museum Secrets sites and features, shall be subject to the TOS.

3. Your obligations as a member

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Museum Secrets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Museum Secrets has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Member account, password, and security

You select a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Museum Secrets of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Museum Secrets cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Copyright and Trademarks

The name and mark "Museum Secrets" is the trademark of Kensington Communications and is owned by Kensington Communications. All materials, including but not limited to video, images, audio, animation, diagrams, photographs and any and all information of any kind in any form (the "Materials"), incorporated into, published or otherwise exhibited on this Website are protected by copyright or other intellectual property rights and are owned and controlled by Kensington Communications or third parties who have licensed Kensington Communications the right to include the Materials in this Website. Any use of the Material for any purpose other than specifically stated on the Website, including but not limited to unauthorized forms of copying, reproducing, republishing, uploading, posting, modifying or transmission or distribution, is strictly prohibited and will be considered a violation of Kensington Communication's intellectual property rights and could result in legal liability and/or criminal sanction.

6. Member Conduct

You understand that all information that does not originate with Museum Secrets, that is, any data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Museum Secrets, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Museum Secrets has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Museum Secrets be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm other members in any way;
3. Impersonate any person or entity, including, but not limited to, a Museum Secrets staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law;
11. "Stalk" or otherwise harass another; or
12. Collect or store personal data about other users.

You acknowledge that Museum Secrets may not pre-screen Content, but that Museum Secrets and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Museum Secrets and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Museum Secrets or submitted to Museum Secrets.

You acknowledge and agree that Museum Secrets may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Museum Secrets, our members and the public.

7. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. Indemnity

You agree to indemnify and hold Museum Secrets, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.

9. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Museum Secrets has no control over such sites and resources, you acknowledge and agree that Museum Secrets is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Museum Secrets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. General Information

These Terms of Service constitute the entire agreement between you and Museum Secrets, and govern your use of the Service, superceding any prior agreements between you and Museum Secrets. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Museum Secrets shall be governed by the laws of the Province of Ontario. You and Museum Secrets agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Museum Secrets to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Modifications to Service

Museum Secrets reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Museum Secrets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Termination

You agree that Museum Secrets, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Museum Secrets believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Museum Secrets may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Museum Secrets may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that Museum Secrets shall not be liable to you or any third-party for any termination of your access to the Service.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSEUM SECRETS EXPRESSLY 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 AND NON-INFRINGEMENT.

2. MUSEUM SECRETS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSEUM SECRETS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MUSEUM SECRETS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MUSEUM SECRETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. Violations

Please report any violations of the TOS to us at museumsecrets@kensingtontv.com

16. Contact Us

Any questions about Museum Secrets’ TOS should be directed to info@kensingtontv.com