Terms and Conditions
Terms & Conditions / Terms of Use
The Klipsch Heritage Museum Association, Inc. DBA Klipsch Museum of Audio History ("KMAH") (collectively, the "Museum") provides www.klipschmuseum.org and its subdomains ("Websites") in support of the Museum's Mission and Vision to collect, preserve, study, exhibit, and encourage appreciation for and advance the knowledge of Paul W. Klipsch and his company, Klipsch & Associates. By accessing the Websites, users agree to be bound by the following terms and conditions, which the Museum may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
1. Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the "Materials") are proprietary to the Museum or its licensors unless identified by a Creative Commons Zero (CC0) icon (). Materials identified as CC0 are either those that the Museum believes to be in the public domain, or those to which the Museum waives any copyright it might have. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
2. Trademarks. The Museum trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Websites, including the Museum logo are registered and/or unregistered marks of the Klipsch Heritage Museum Association, Inc. DBA Klipsch Museum of Audio History. The Trademarks of third parties may also be displayed on the Websites, including, but not limited to, Klipsch Group, Inc. ("KGI"). Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of the Museum or any third party that may own the Trademarks displayed on the Websites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
3. Authorized Uses. Materials for authorized use fall into two categories: a) materials identified as CC0 () or b) materials the Museum believes to be under copyright or other restrictions.
a) Materials Identified as CC0. By waiving any rights to Materials identified as CC0, the Museum makes those Materials available for any purpose, including commercial and non-commercial use, free of charge and without requiring permission from the Museum.
b) Materials the Museum Believes to be Under Copyright or Other Restrictions. Materials the Museum believes to be under copyright or other restrictions are available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any work, and the citations should include the URL "www.klipschmuseum.org," but not in any way that implies endorsement of the user or the user's use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the Museum's or any other party's proprietary rights. Users may not remove any copyright, trademark, watermark or other proprietary notices, including without limitation attribution information, credits, watermarks, and copyright notices that have been placed on or near the Materials by the Museum. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.
All rights not expressly granted herein by the Museum are specifically and completely reserved, unless the Material is identified by a CC0 icon ().
The Museum does not warrant that use of any Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by the photographer, or the photographer's heirs holding rights to these works, or may include third-party trademarks or rights of publicity. In many instances the caption may offer more information about the rights status. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying rights. For permission to reproduce images that include "© KHMA" in their credit line, or other copyright nomenclature please contact the Curator of the Museum at jim@klipschmuseum.org.
4. User Responsibility. From time to time the Museum may invite people to share content. Please know that content will be reviewed by Museum staff and may be reproduced by the Museum in all media now known or hereinafter devised.
a) Security. By creating accounts and passwords on the Websites, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage the Websites and their content.
b) User-Generated Content. By posting content, including but not limited to comments, photographs, product reviews, and links to external sites, on the Websites, and by using our messaging services, users agree to comply with all requirements and procedures for posting and messaging, and to avoid abusive and offensive language and to refrain from posting 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. The Museum does not endorse any opinions or recommendations posted by users or third parties. The Museum requires users to obtain all necessary permissions, such as a copyrighted work or a copyrighted story or a news article written by another person, before posting or distributing any content on the Websites.
It is strictly prohibited to 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. The Museum 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. The Museum does not warrant that the use of the materials on the Site 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, pornography, danger, or inaccuracy contained in information within such locations of the Websites.
Please note: the Museum may discontinue any portion of the Websites at any time. It will not remove comments upon a user's request. By submitting comments, users acknowledge that they will be posted on the Internet. Users grant the Museum the right to quote from comments in all media now known and hereinafter devised. By posting or distributing information or material on the Websites, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.
5. Purchasing on the Websites. The Museum has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.
6. KHMA/KMAH Store Product Representation. Every attempt is made to provide accurate information about KHMA/KMAH Store products. The Museum does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction.
The Museum makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user's particular monitor; the Museum cannot guarantee that the colors displayed on an individual's monitor will be correct.
7. Privacy. The Museum is committed to protecting the privacy of visitors to the Websites in accordance with applicable laws and regulations.
8. Links to Third-Party Sites. The Museum has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. The Museum provides these links as a convenience, and linking to any off-site pages or other sites is at the user's own risk. A link does not imply endorsement or affiliation with the linked site by the Museum.
9. Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Websites are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Museum may update, change, or delete content at any time. The Museum makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Museum assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Museum may discontinue or take down the Websites or any section or Material within the Websites at any time.
10. Limitation of Liability. NEITHER THE MUSEUM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
11. Digital Millennium Copyright Act (DMCA). The Museum is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact the Museum immediately to report any concerns of infringement by providing notice to the Museum's Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to the Museum Curator (jim@klipschmuseum.org); if such notice is provided by mail, please address it to: Designated Copyright Agent, Klipsch Museum of Audio History, P.O. Box 280, Hope, AR 71802.
12. Indemnity. The user agrees to indemnify, defend, and hold the Museum and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, 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 Websites or any of its Materials.
13. Entire Agreement; Severance; Waiver. These Terms and Conditions incorporate by reference any notices on the Websites and, together with any end-user license agreements, constitute the entire agreement regarding user access to the Websites. If any provision of the terms and conditions is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Museum's failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
14. Applicable Law and Jurisdiction. These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Arkansas, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Hempstead County and the State of Arkansas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.