You linked to this page from a website owned and operated by The Peabody Essex Museum (“PEM,” “the Museum,” “we,” “us,” “our”). These terms and conditions of use (“Terms of Use”) apply to any website or mobile application that posts a link to these Terms of Use (“www.pem.org,“ “the PEM Website,” “Website,” or “the site”), as well as any interactive features, ‎widgets, plug-ins, applications, content, downloads and other services that we may own and ‎control and make available through any Website, regardless of how you access or use them, whether via personal computers, mobile ‎devices or otherwise.

By accessing our Website, you consent to these Terms of Use and our Privacy Policy. If you do not agree to this ‎Privacy Policy or our Terms of Use, please exit now and do not use the PEM Website.

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Website Content

Ownership of Website Content
Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Website and all documentation, data, services, features, products and other content at the Website (collectively, “Website Content”) are protected by the copyright laws of the United States and other jurisdictions. All Website Content is owned by, or licensed to, PEM. Website Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Website Content owner.

Use of Website Content
PEM grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display the Website Content on your personal computer or mobile device for your personal, non-commercial and educational use only. You may not copy, transfer, broadcast or otherwise use the Website Content except as expressly permitted in these Terms of Use.

All rights not expressly granted by PEM herein are reserved. Nothing on the Website or in these Terms of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Website Content or other materials of any third party, or may be construed to mean that PEM has the authority to grant any license on behalf of any third party.

Trademarks
PEM trademarks, including the trademarks “Peabody Essex Museum,” “PEM,” the logo, all page headers, graphics, images, symbols, trade names and other PEM marks found at the Website are the proprietary property of PEM (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of PEM.

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that PEM has authority to grant any right or license on behalf of any third-party trademark owner.

User Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to PEM through the Website are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. PEM shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Creating and Terminating Accounts

Some of the features on the Website, for instance our Jobs Portal, may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) that: is used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Website using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms of Use, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

Links to Other Websites

In using the Website, you may find that PEM provides hyperlinks to one or more third-party websites (the “Linked Websites”). PEM may provide these links as a convenience for you and other users, but is not responsible for the content of, or links to and from, the Linked Websites. Your linking to these Linked Websites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Websites if you choose to visit them, since your use of those Linked Websites will be subject to their terms of use and privacy policies. A link from the Website does not imply a relationship with, or endorsement of, the Linked Website(s) or its content, purpose, policies, or business practices by PEM.

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Limitations and Conditions of Use

Unauthorized Activities
Any unauthorized use of our Website or Website Content for any purpose is prohibited. Your rights to this Website are given on the condition that you use the Website in accordance with these Terms of Use. You may not use the Website for any unlawful purpose and you may not:

1. access, solicit, collect or use any personally identifying information about any other users of the Website or anyone else, unless you are expressly authorized to do so by such other person;
2. restrict or inhibit others from using the Website;
3. transmit to or introduce at the Website any viruses, harmful software, or other modifications or changes to the Website or reverse engineer, decompile, disassemble, reverse assemble or modify any Website source or object code or any software or other services or processes accessible through any portion of the Website or Website Content;
4. submit, upload, email or otherwise transmit any content or other materials, to or through the Website which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
5. engage in any activities that interfere with another user’s access to the Website or the proper operation of the Website; or
6. distribute or copy any Website Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Website Content; or use content from our Website in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.

PEM has no obligation to monitor your interaction with the Website, but reserves the right to review or monitor the Website and any user submissions in its sole discretion.

Age Restrictions
By using the Website, you certify that you are at ‎least the age of majority in your jurisdiction and are of legal age to form a binding contract with ‎PEM. If you are under the age of majority but at least 13 years of age, you may only use this ‎Website under the supervision of a parent or legal guardian who agrees to be bound by these ‎Terms of Use. Children under the age of 13 may not use this Website. If you are a parent or legal ‎guardian agreeing to these Terms of Use for the benefit of a child who is under the age of ‎majority but at least 13 years of age, please be advised that you are fully responsible for his or her ‎use of this Website, including all financial charges and legal liability that he or she may incur.‎

Users Outside of the United States
Our Website is operated in the United States and intended for users located in the United States, and we make no representation that our Website is appropriate or available for use beyond the United States. If you use our Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Website may describe services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Website and/or the provision of any Website Content, program, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Website Content, program, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Website are set forth in our Privacy Policy.

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Disclaimer, Limitation of Liability and Indemnification

The materials, Website Content and services offered on the Website are provided “AS IS” and ‎without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, express or implied, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Website will be uninterrupted or error-free, that defects will be corrected, or that ‎the Website or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Website, server(s), or advertised or ‎linked Websites will be accessible at all times. We do not warrant or make any representations ‎regarding the use of the Website or any information contained therein, including Website Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Website. To the extent that applicable law may not allow the exclusion of implied warranties, ‎the above exclusions may not apply to you.‎

Documents, information, graphics and other materials appearing on the Website may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “PEM Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by applicable law. None of the PEM Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption. You hereby agree to ‎indemnify the PEM Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Website or any breach of ‎these Terms of Use by you.‎ To the extent that applicable law may not allow the waiver of claims, ‎the ‎above exclusions may not apply to you.

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Choice of Law and Forum

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or U.S. federal courts located in Suffolk County, Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and PEM regarding the use of the Website and the content and services provided on this Website, superseding any prior agreements between you and PEM relating to the subject matter hereof.

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Severability and Enforceability

If any provision or portion of these Terms of Use is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.

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Termination and Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Website for any reason or for no reason whatsoever, including improper use of the Website or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

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Entire Agreement

We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time.

These Terms of Use constitute the entire and exclusive agreement between you and PEM regarding the Website and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.

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Changes to these Terms of Use

PEM reserves the right to change or update these Terms of Use, or any other of the Museum’s policies or practices, at any time. The Museum’s posting of such changed or updated Terms of Use on this page shall constitute notice to Users of the changes or updates. Any changes or updates will be effective immediately upon posting to this site. We encourage you to check this page whenever you visit the site for any changes or updates. Your continued use of PEM Website after we post a revised Terms of Use signifies your acceptance of the revised Terms of Use. We encourage you to periodically visit this page to review our most current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on the PEM Website.

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Contact Us

Please contact PEM with any questions, comments, or concerns about our Terms of Use or any other aspect of the PEM Website:

By email: privacy@pem.org
By visiting this page on our website: pem.org/privacy
By phone number: (978) 745-9500
By mail: Peabody Essex Museum, 161 Essex Street, Salem, MA 01970