TERMS OF USE
1 Application and Termination
1.1 By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions, then please do not use this Site.
1.2 These terms and conditions:
1.2.1 Apply to you upon your accessing this Site.
1.2.2 May be changed or terminated by the PAX Museum without notice, for any reason and at any time. You agree that the PAX Museum has no obligation to inform you of these changes and that it is your responsibility to establish whether the terms and conditions have been so changed. If you disagree with any changes then you must stop using this Site immediately.
1.3 The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, severance, law and jurisdiction and terms and conditions for transactions shall survive any termination.
2 Disclaimer
2.1 This Site and the materials, products and services in this Site are provided on an "as is" and "as available" basis.
2.2 To the full extent permitted at law the PAX Museum makes no (and expressly disclaims all) representations or warranties, express or implied in respect of this web site or its contents or the contents, advice and opinions of any Hypertext Link or third party contributor to this Site, including, but not limited to, implied warranties as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose and non-infringement of the contents of this Site or any goods or services purchased or obtained or any transactions entered into by you through this Site.
2.3 The PAX Museum does not represent or warrant that the material or any of the functions contained in this Site or the contents of any hypertext link or any comments, advice or opinions by any third-party contributor to this site will be uninterrupted, accurate, complete or that current defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components.
3 Copyright
3.1 You agree that all copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in The PAX Museum or its licensors.
3.2 You agree that the content of this Site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited.
3.3 You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.
3.4 You agree that you will not change in any way any proprietary notices from material down loaded from this Site by you for your non commercial personal use.
3.5 You agree that by the act of posting materials onto this Site you grant The PAX Museum and any licensors an irrevocable, perpetual, royalty free worldwide license to use the said materials in any manner which The PAX Museum sees fit. The license will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
4 Trademarks
The trade marks and logos and service marks used and displayed on this Site are, unless otherwise specified, the trademarks of the PAX Museum. No rights are granted to use any of them without the written permission of the PAX Museum.
5 Limitation of Liability
5.1 With the exception of death or personal injury resulting from the negligence of the PAX Museum and to the fullest extent permitted by law you agree that the PAX Museum shall not be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
5.1.1 Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the Site, or
5.1.2 Your reliance or use of any information or material obtained either directly or indirectly from the use of this Site, or
5.1.3 Any purchases or orders that you make for goods and/or services either indirectly or directly through this Site, including any damage for loss of profits or loss of business without limitation,
5.1.4 Any other consequential or pecuniary loss in any way related to the use of this Site.
5.2 Clause 5.1 shall apply even if the PAX Museum have been advised of the possibility of such loss or damage.
5.3 You acknowledge that any dealings, bookings or purchases of goods or services made with a third party by you through this site shall be subject to the terms and conditions of that third party and that the PAX Museum will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that third party.
5.4 You agree that it is your sole responsibility to evaluate any goods or services offered by this Site or by any third parties via this site.
5.5 The PAX Museum is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.
5.6 You acknowledge that the PAX Museum has no control over the information which can be accessed by this Site, or which can be accessed by any other web site which you access as a result of using this Site.
5.7 You acknowledge that the PAX Museum does not know or examine the use to which you or other users put this Site or the nature of the information you or other users are sending or uploading.
5.8 The PAX Museum therefore excludes all liability of whatever kind and to the fullest extent permitted by law (this includes libel, breach of confidence, invasion of privacy, negligence and all intellectual property infringements) for the transmission or reception of information which can be accessed by the Site of whatever nature by about or to you.
6 Notice
6.1 The PAX Museum may serve notice upon you by any of the following means:
6.1.1 Electronic mail
6.1.2 A general notice on the Site
6.1.3 Notice in writing delivered by first class mail to the address which you have provided for us.
7 Hypertext Links
7.1 The PAX Museum may provide a link from its own Site to other websites; however, you agree that the PAX Museum has no control over these Hypertext Links (or any other third-party link) and that you use these links entirely at your own risk.
7.2 You agree that the PAX Museum has no responsibility or liability for the content or any policies of any Hypertext Links (or any other third party link) as mentioned in 7.1 above.
8 Use of the Site
You may not upload to distribute or otherwise publish through this Site.
9 Indemnity
You agree to keep the PAX Museum indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by the PAX Museum arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have registered under this Site.
10 Persons under the age of 18
If you are under 18 years of age you agree that you have had your parents’ permission to send any information to us about yourself or anyone else over the internet.
11 Severance
If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.
12 Law and Jurisdiction
These terms and conditions shall be governed by and construed in all respects in accordance with American law and the parties irrevocably agree that the courts of Maryland shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that the PAX Museum has the right at it¹s sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.
13 Terms and Conditions for Transactions
These terms and conditions will not affect the terms and conditions for transactions with the PAX Museum and if during a transaction there is a conflict then the terms and conditions for transactions shall prevail.
13.1 Fees: You can access certain portions of the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your eCommerce Payment Processor account(s) and/or on a mobile app store invoice, unless otherwise indicated. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
13.2 Taxes: All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If the PAX Museum has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where the PAX Museum does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
13.3 Automatic Subscription Renewals: To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or your mobile app store provider.
13.4 Refunds: While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Please note applicable statutory rights of cancellation may not result in a refund.
13.5 Fee Changes: We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
13.6 Chargebacks: If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
13.7 Our Payment Processor: We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Except for payments made through mobile app stores, o ur current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
13.8 Fees for Third-Party Services: Third-Party Services purchased via the Services may be subject to different refund or other policies that those Third-Party Services determine, and such Third-Party Services may be non-refundable. The purchase terms and conditions for such Third-Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third-Party Services.