Updated: October 24, 2022
I. Your Information and Disclosure to Third Parties
II. Registering an Account
Any conduct that in PTM’s sole discretion restricts or inhibits anyone else from using or enjoying the Website is strictly prohibited.
III. User Responsibilities
On occasion, PTM may invite users to share content. Please know that shared content will be reviewed by PTM staff and may be reproduced by PTM in other formats, including marketing materials and newsletters. By submitting content, you agree to allow PTM to use, modify, and publish this content for PTM’s benefit.
User Generated Content (UGC): By posting content, including but not limited to comments, photographs, product reviews, and links to external sites, on the Website, and by using any messaging services we may offer, you agree to comply with the following terms, in addition to any service specific terms that PTM may provide. Users shall not (1) use abusive and offensive language, (2) post any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party’s rights, including privacy, copyright, trademark, or patent, or (3) post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate law. PTM does not endorse any opinions or recommendations posted by users or third parties. PTM requires users to obtain all necessary permissions, such as a copyright, prior to posting or distributing any content on the Website.
PTM shall have the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever. Access and accounts of repeat infringers will, in appropriate circumstances, be terminated.
PTM does not warrant that the use of the materials on the Websites will not infringe the rights of any third party, and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, danger, or inaccuracy contained in information within such locations of the Websites.
Security: By creating accounts and passwords on the Website, users agree to maintain the confidentiality of their login credentials. Users are similarly responsible for restricting access to their personal computer and mobile devices. In the event that a user’s registered account is compromised, the user agrees to notify PTM of the compromise and remedy the compromise without unreasonable delay in order to protect the security of the PTM. User agrees to use the Websites for lawful purposes only and not participate in any action that will compromise the security of PTM or damage the Website and its content.
IV. Intellectual Property
The Website—including any and all content, materials downloaded, and all intellectual property pertaining to or contained on the Website (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks)—are owned by PTM or third parties. All rights, title, and interest will remain the property of PTM and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
Users are authorized to view and retain a copy of pages of the Website only for personal, non-commercial use. Users may also view and make copies of relevant documents, pages, images, or other materials on the Website for the purpose of transacting business with PTM or with PTM’s express permission. Users agree that they will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Website, or any portion of the Website, for any public or commercial use, without the express written consent of PTM. Additionally, Users agree that they: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Website (or printed pages produced from the Website), and (b) will not make any other modifications to any documents obtained from the Website other than in connection with completing information required to transact business with PTM.
V. System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Website or communicating with PTM through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or PTM’s, can experience unanticipated outages or slowdowns or have capacity limitations. PTM is not responsible for failure or delay of performance caused by such problems.
PTM takes the privacy and security of our systems and your personal information very seriously. To this end, PTM implements reasonable, industry standard measures to protect the security of PTM systems. Despite this fact, there is no such thing as perfect security on the Internet or offline. Therefore, PTM makes no warranty, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website.
You acknowledge and agree that you are solely responsible for maintaining the security of your devices and passwords. PTM is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Website or your account by using the contact information in the “Contact Us” section below.
To protect the security of your information, PTM may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Website.
VII. Links to Other Websites and Services
The Website may contain links to outside services and resources, the availability and content of which PTM cannot control. PTM does not warrant the content of these external websites and services, and therefore does not assume any responsibility or liability for the actions, products, and content contained therein. Any concerns regarding any such services or resources should be directed to the service or resource. If you detect an issue with a link to a third party website, please contact PTM in accordance with the Contact Us section below, so that PTM can address the issue as quickly and efficiently as possible, given PTM’s lack of control over the third party product or service.
VIII. Limitation of Liability
To the maximum extent permitted by law, PTM and its officers, directors, employees, agents, affiliates and subsidiaries, will not be liable to you for any lost profits, revenues, financial losses, or any indirect, special, consequential, exemplary, or punitive damages of any kind. To the maximum extent permitted by law, the total liability of PTM and its officers, directors, employees, agents, affiliates and subsidiaries, for any claim, cost, damage, or loss arising out of or relating to the Website, including for any warranties that may not be excluded, shall not exceed the amount you paid to PTM during the twelve months prior to the event giving rise to the liability or $10.00, whichever is greater (the “Liability Cap”). PTM and you agree that the Liability Cap shall include all forms of damages. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, PTM’s liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold PTM harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Website or violation (or alleged violation) of these Terms. Under no circumstance will PTM be liable for damages of any kind that result from your use of, or the inability to use, the Website.
X. Disclaimer of Warranties
THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR 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. PTM MAKES NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. PTM UNDERTAKES NO OBLIGATION TO UPDATE THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTM, OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY REGARDING THE WEBSITE NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE WEBSITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY PTM FROM TIME TO TIME WITHIN THE WEBSITE.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEBSITE, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
XII. Governing Law
XII. Mobile Terms of Service
If you use a mobile device to access the Website optimized for mobile-viewing, opt in to receive SMS (text messages) from PTM (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Website via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.
You may opt in to receive SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from us. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to PTM as part of this service. PTM may use this information to contact you and provide services you request from PTM.
PTM will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
XIV. Contact Us
If you have any questions, comments, or concerns regarding these Terms, please send us an email at email@example.com. You may also contact us in writing:
Please Touch Museum
4231 Avenue of the Republic
Philadelphia, PA 19131