Blue World Web Museum The Official Website of the Kelton Foundation
 

Terms and Conditions of Use Agreement

 
1. Proprietorship

The Kelton Foundation ("Kelton") has created and maintains the Blue World Web Museum website (the "Site") to provide information, education and enjoyment to the public via the Internet.  By using this Site and its contents, you accept and agree to comply with the following Terms and Conditions of Use.

2. Use of Material

All of the text, images, marks, logos, software, and other content (collectively, the "Material") of the Blue World Web Museum ("BWWM") belong to Kelton, and the images bear a registered Digimarc ®, or are used with the owner’s permission or applicable laws and regulations.  Kelton and relevant third parties retain all rights to this material.  Kelton authorizes you to view, download and print BWWM Site content subject to the following terms and conditions:

A. Use of the Material shall be solely for your own personal and non-commercial use, or for fair use as defined in the United States copyright laws.  Downloading the Material for commercial use or use on personal or other websites is prohibited.  In connection with such permitted use:

(i) you may not remove any copyright, trademark, Digimarc ® or any other proprietary notices placed by Kelton in or near the Material.

(ii) You may not modify the Material.

(iii) Any displays or printouts of the Material must be marked "© [insert year of display or printout] The Kelton Foundation.  All rights reserved."

(iv) In addition to the notice in (iii) above, you must cite the author/artist and source of this Material as customary for reference to any printed or other work, and the citation shall include the URL www.blueworldwebmuseum.org

(v) By your use of the Material, you represent and warrant that your use is consistent with this limited authorization, and that you will not infringe or violate the rights of any other party or breach any legal duty to such party.

B. In granting you this limited authorization, Kelton does not warrant or represent that the use of the Material displayed anywhere on this Site will not infringe the rights of third parties not owned or affiliated with Kelton.  Nothing contained in these terms of use authorizes you to use Material displayed on this Site in violation of the rights of such third parties.

C. Except as expressly permitted herein, reproduction or redistribution of all or any part of Site Materials is prohibited without prior express written permission by Kelton.  Permission for the use of the Materials may be granted at Kelton’s sole discretion, and a usage fee may be charged, depending upon the type of proposed use.  To seek such written permission, contact:

The Kelton Foundation
2716 Ocean Park Blvd., Suite 3006
Santa Monica, CA 90405, USA
Attn:  Richard Kelton

3. Forums

The BWWM may provide Forums on its Site for the general exchange of ideas and information and for specific topic discussions.  Submissions to the Forums may be monitored for language and pertinence to Forum questions.  While disagreement of opinions is acceptable, personal slander is not.  Indecent material, advertisements, solicitations, or irrelevant material will not be posted on the Forums.  BWWM reserves the right to edit or remove submissions at any time.  By posting material on the BWWM Forums, you agree to conform to the BWWM policies prohibiting slander and indecent material, and you assume full responsibility for your posting, indemnifying and holding Kelton and the BWWM free and harmless of any liability arising from your posting.  

All individuals who submit information and material to the BWWM Forums are responsible for that information and material and will be credited with authorship.  No anonymous material will be posted.

BWWM may edit the information or material submitted and distributed through the Forums, but shall not, in any way, be responsible or liable for the accuracy of any information or material submitted and distributed through these Forums.

By posting or distributing information or material on these Forums, you expressly abandon any proprietary rights you may have in such content, and such information or material may be freely copied and distributed by others without your permission. You reserve credit for authorship of the intellectual property.

Kelton and the BWWM do not warrant or represent that the use of the information or materials displayed in the Forums will not infringe the copyright or other rights of third parties not affiliated with Kelton or the BWWM.  Issues of copyright and/or permission to post materials of a third person or party are the responsibility of the individual posting on the Forums.  BWWM requires that, prior to posting on the Forums, the posting individual obtain all necessary permissions. 

4. Event Calendar

The BWWM provides an Event Calendar ("Calendar") on which to post events, conferences, seminars, workshops and festivals pertaining to non-commercial maritime matters.  BWWM monitors and may edit submissions for non-commercial character, language and pertinence to the categories of the Calendar and may initiate postings.  BWWM does not edit nor control the accuracy of the information posted on the Calendar by others.  BWWM claims no proprietary rights of any kind for information distributed through the Calendar, nor does it warrant the accuracy of the information posted.

Individuals who post events, conferences, seminars, workshops and festivals pertaining to these non-commercial maritime matters are responsible for the accuracy of information and completeness of information submitted to BWWM for posting.  Obtaining permission from the hosting organization to post the event is the responsibility of the individual submitting the Calendar information and material, and the individual submitting the posting warrants and represents to the BWWM that they have the authority and permission from the hosting organization to post the event on the site.  The individual posting the information shall be responsible to promptly notify the BWWM on the posting Site of the Calendar if any of the original posted material is modified by the hosting organization.

5. Use of Submitted Material

Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.  Anything you transmit or post may be used by the BWWM or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, posting and the like.  The BWWM 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.   

6. Links to Third Party Websites

Links to third party websites appear in the BWWM Site.  The BWWM does not have control of these linked sites, and the BWWM is not responsible for the availability or contents of these linked sites.  BWWM provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site.  Your linking to any offsite pages or to other sites is at your own risk.  From time to time, third party sites eliminate or change the names of their links, and the BWWM has no control over these changes.  If you are unable to make contact with a linked site using the link description provided by the BWWM Site, the BWWM would appreciate your reporting this fact to them at the following e-mail address: webmaster@blueworldwebmuseum.org.

7. Waiver Disclaimer and Limitation of Liability

Use of and browsing on this Site are at your own risk.  The Site content is provided "AS IS."  Kelton and BWWM expressly disclaim any and all warranties of non-infringement, merchantability or fitness for any particular use, and make no representations or warranties as to the accuracy of the Material and assume no liability or responsibility for any errors or omissions in the Material on this Site.

Neither Kelton nor the BWWM assume any responsibility for, and shall not be liable for, any damages to your computer hardware or software arising from your access to or use of or downloading of any Material from the Site, whether such damage(s) are caused by viruses that may infect your computer hardware or software, or by any other cause. 

8. Digital Millennium Copyright Act Compliance

Kelton and the BWWM comply with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. §512).  If you have any complaints or objections to Material posted on the BWWM Site, please contact our Designated Agent at the following address:

The Kelton Foundation
2716 Ocean Park Blvd., Suite 3006
Santa Monica, CA 90405 USA
Attn:  Richard Kelton

This information is provided for purposes of the DMCA only, and Kelton and the BWWM reserve the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.

9. Applicable Law and Jurisdiction

Kelton controls and operates the BWWM Site from its office in Los Angeles County, California.  Although Kelton has made no effort to publish the BWWM Site elsewhere, it is accessible in all fifty United States states and in other countries due to its presence on the World Wide Web.  As each of these states and countries have laws which may differ from those of the State of California and from each other, and as you and Kelton both benefit from establishing a predictable legal environment in which to publish, access and use the BWWM Site by publishing, accessing, and/or using the BWWM Site, you agree that all matters arising from or relating to the use and operation of the BWWM Site will be governed by the laws of the State of California, without regard to its conflict of laws principles.  You agree that all claims you may have arising from or relating to the operation or use of the BWWM Site shall be heard and resolved in the courts of the Santa Monica branch of Los Angeles County, California.  You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.  If you choose to access the BWWM Site from locations other than Los Angeles, California, you will be responsible for compliance with all applicable laws of such other locations.

10. Indemnity

By your use of this Site, you agree to indemnify, defend, and hold harmless Kelton and the BWWM from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the BWWM Site.

11. Waiver and Revisions

Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Kelton. 

Kelton may at any time revise these Terms and Conditions of Use and other notices contained herein by updating this posting.  You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.

 
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