Terms of Use

Last Updated Date: May 17, 2018

In 2012, the Japanese American National Museum (the “National Museum” or “we”) launched a website, located at www.remembrance-project.org (the “Remembrance Project Site”), to commemorate the 70th anniversary of the signing of Executive Order 9066, the Presidential order that led to the forced removal of Japanese Americans from their homes and communities. The Remembrance Project Site enabled individual donors to honor loved ones affected by Executive Order 9066 and racial prejudice during World War II with a tribute and a donation of $90.66. The Remembrance Project Site is now closed to new participants, but visitors may continue to explore the many tributes from individuals and families that are archived on the site.

Please read carefully the following terms and conditions (“Terms”) and our related Privacy Policy, which may be found at remembrance-project.janm.org/privacy-policy.html because they govern your use of the Remembrance Project Site and constitute a binding legal agreement between you and the National Museum. To make these Terms easier to read, the Remembrance Project Site and any services provided via the Remembrance Project Site are collectively called the “Services.”

Key Content-related Terms

“Content” means text, graphics, images, music, software, audio, video, information, or other materials.

“Museum Content” means Content that the National Museum makes available through the Services, including any Content licensed from a third party, but excluding Contributor Content.

“Contributor” means a person who has submitted a Tribute, as defined below, to the National Museum.

“Contributor Content” means Content that a Contributor has posted, uploaded, published, submitted, or transmitted to be made available through the Services, including, but not limited to, any tribute to a loved one submitted to the National Museum in the form of text, photograph(s), artwork, video, and/or other works of authorship (a “Tribute”).

“Collective Content” means, collectively, Museum Content and Contributor Content.

“Museum Materials” means the National Museum’s exhibitions, programs, publications, and products, including, but not limited to, marketing, advertising, and publicity related to the Remembrance Project Site, the Services, and the National Museum.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

The National Museum reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to update these Terms, at any time. If we modify these Terms, we will let you know by posting the updated Terms on the Remembrance Project Site or through other communications. We will also update the “Last Updated Date” at the top of these Terms. By continuing to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Privacy

Please see the Privacy Policy for the Remembrance Project Site at remembrance-project.janm.org/privacy-policy.html for information and notices concerning the National Museum’s collection, use, and disclosure of the information of users. You acknowledge and agree that your use of the Services is subject to the Privacy Policy.

Google Maps

As part of the Services, the National Museum makes available a feature that utilizes Google Maps to access location-related information about internment. If you choose to access and use Google Maps as a part of the Services, you agree to be bound by Google’s Terms of Service, accessible at https://www.google.com/help/terms_maps.html.

Tributes

While the Remembrance Project Site was active, the National Museum permitted the posting of Tributes submitted with a donation of at least ninety dollars and sixty-six cents ($90.66) on the Remembrance Project Site and on other websites owned or operated by the National Museum (“Other Museum Sites”). The Remembrance Project Site is now closed to new Tributes, but you may explore the many Tributes that are archived on the site. In addition, you may submit a story about yourself or your loved ones to the National Museum’s Discover Nikkei website at DiscoverNikkei.org/journal/contribute.

If you wish to edit or remove a Tribute that is archived on the Remembrance Project Site, please contact us at webeditor@janm.org. The National Museum reserves the right to suspend or remove Tributes, at any time, for any reason in its sole discretion.

By making available any Contributor Content, including, without limitation, a Tribute, on or through the Remembrance Project Site or Services, you grant to the National Museum a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, (a) to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such Contributor Content through or by means of the Remembrance Project Site or Services, Other Museum Sites, and the Museum Materials, including, but not limited to, marketing, advertising, and publicity related to the Remembrance Project Site, the Services, and the National Museum, (b) to reproduce and prepare derivative works based upon the Contributor Content solely as necessary or appropriate to exercise the foregoing license rights, and (c) to the extent you recognizably appear in the Contributor Content, to use your name, likeness, and biographical material, solely as necessary or appropriate to exercise the foregoing license rights granted. The National Museum does not claim any ownership rights in any Contributor Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Contributor Content.

If you submitted any Contributor Content, you acknowledge and agree that you are solely responsible for all Contributor Content that you made available through the Services. You agreed to provide accurate and complete information, to the best of your knowledge, in any Tribute that you submitted. You represent and warrant that: (i) you either are the sole and exclusive owner of all Contributor Content that you made available through the Services or you have all rights, licenses, consents, and releases that are necessary to grant to the National Museum and to the rights in such Contributor Content, as contemplated under these Terms; (ii) neither the Contributor Content nor your uploading, submission, or transmittal of the Contributor Content or the National Museum’s use of the Contributor Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) to the extent that any other person recognizably appears in any Contributor Content, such person was aware of and consented to the taking of their photograph.

Donations

The Remembrance Project Site is now closed to new donations. However, if you would like to support the National Museum, please follow this link to explore opportunities: janm.org/support. As a non-profit institution, the National Museum relies on the generosity of its friends and supporters to provide programs and services to its local, national, and international visitors. We appreciate the contributions of all of our friends and supporters.

Ownership

The Remembrance Project Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Remembrance Project Site, Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of the National Museum and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Remembrance Project Site, Services, or Collective Content.

Licenses Granted by the National Museum to Museum Content and Contributor Content

Subject to your compliance with the terms and conditions of these Terms, the National Museum grants you a limited, non-exclusive, non-transferable license: (a) to view, download, and print any Museum Content solely for your personal and non-commercial purposes; and (b) to view any Contributor Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Remembrance Project Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the National Museum or its licensors, except for the licenses and rights expressly granted in these Terms.

Feedback

We welcome and encourage you to provide feedback and comments on the Remembrance Project Site or Services (“Feedback”). You may submit Feedback by emailing us at webeditor@janm.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

General Prohibitions

You agree not to do any of the following:

The National Museum will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The National Museum may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the National Museum has no obligation to monitor your access to or use of the Remembrance Project Site, Services, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Remembrance Project Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. The National Museum reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the National Museum, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Remembrance Project Site or Services.

Copyright Policy

The National Museum respects copyright law and expects its users to do the same. It is the National Museum’s policy to terminate access to the Remembrance Project Site by those who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the National Museum’s Copyright Policy for further information.

Links

The Remembrance Project Site or Services may contain links to third-party websites or resources. You acknowledge and agree that the National Museum is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the National Museum of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Termination

If you breach any of these Terms, the National Museum will have the right to terminate these Terms, at its sole discretion and without prior notice to you. The National Museum reserves the right to revoke your access to and use of the Remembrance Project Site, Services, and Collective Content at any time, with or without cause. In the event the National Museum terminates these Terms for your breach, you will remain liable for all amounts due hereunder.

Disclaimers

THE REMEMBRANCE PROJECT SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE NATIONAL MUSEUM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE NATIONAL MUSEUM MAKES NO WARRANTY THAT THE REMEMBRANCE PROJECT SITE, SERVICES, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE NATIONAL MUSEUM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT OBTAINED THROUGH THE REMEMBRANCE PROJECT SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE REMEMBRANCE PROJECT SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NATIONAL MUSEUM OR THROUGH THE REMEMBRANCE PROJECT SITE, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold the National Museum, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Remembrance Project Site, Services, or Collective Content, or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE REMEMBRANCE PROJECT SITE, SERVICES, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER THE NATIONAL MUSEUM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE REMEMBRANCE PROJECT SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REMEMBRANCE PROJECT SITE, SERVICES, OR COLLECTIVE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NATIONAL MUSEUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE NATIONAL MUSEUM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REMEMBRANCE PROJECT SITE, SERVICES, OR COLLECTIVE CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE NATIONAL MUSEUM AND YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of the National Museum used herein are trademarks or registered trademarks of the National Museum. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 22 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and the National Museum are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and the National Museum each waive any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between the National Museum and you regarding the Remembrance Project Site, Services, and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the National Museum and you regarding the Remembrance Project Site, Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the National Museum’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The National Museum may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by the National Museum via email (in each case to the address that you provide); or (b) by posting to the Remembrance Project Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

  1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Collective Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and the National Museum agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and the National Museum are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

  2. Exceptions and Opt-out. As limited exceptions to Section 22(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at webeditor@janm.org or by regular mail at Remembrance Project Disputes, 100 N. Central Ave., Los Angeles, CA 90012 within thirty (30) days following the date you first agree to these Terms.

  3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1.800.778.7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org

    If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

  4. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

  5. Class Action Waiver. YOU AND THE NATIONAL MUSEUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

  6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Modifications” above, if the National Museum changes any of the terms of this Section 22 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to webeditor@janm.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of the National Museum’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the National Museum in accordance with the terms of this Section 22 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  7. Severability. With the exception of any of the provisions in Section 22(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of these Terms will still apply.

General

The failure of the National Museum to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the National Museum. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting the National Museum

If you have any questions about these Terms, please contact the National Museum at webeditor@janm.org or Remembrance Project, Japanese American National Museum, 100 N. Central Ave., Los Angeles, California 90012.