The Foundation and FAM. The American Indian Cultural Center Foundation (the “Foundation”), an Oklahoma not-for-profit corporation, manages and operates the First Americans Museum (“FAM”) located at 659 First Americans Boulevard, Oklahoma City, OK 73129-6142.
Right to refuse service. The Foundation reserves the right to refuse service to anyone, to terminate accounts, to remove or edit content on the Websites, and to cancel orders in its sole discretion.
Electronic Communications. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Websites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Ownership of the Content. The Foundation owns the compilation of content posted on the Websites, which consists of text, images, audio, video, databases, design, codes, software, and the like (collectively, the “Content”). This does not mean that the Foundation owns each component of the compilation, some of which may be owned by others and used with their permission, or used in accordance with applicable law (e.g., fair use). Further, the Foundation owns some, but not all, of the intellectual property rights in the Content, including copyright.
Limited license granted to you. The Foundation grants you a limited license to access and make personal use of the Websites. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Websites or the services provided through the Websites without the Foundation’s express written permission. This license does not permit any commercial use of the Websites or their contents; any collection or use of product listings, descriptions, or prices; any derivative use of the Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any trademark, logo, or other of the Foundation’s proprietary information without the Foundation’s express written consent. Any unauthorized use by you will immediately terminate your license.
Privacy of your Personal Information. The Foundation is committed to protecting the privacy of all visitors to the Websites. Your submission of personal information through the Websites is governed by our Privacy Statement. By accessing the Websites, you agree that the Foundation may collect, use, and disclose information that you provide us, as set out in our Privacy Statement, available at famok.org.
Accuracy, completeness, and timeliness of information on the Websites. When providing information on the Websites, the Foundation attempts to be as accurate, complete, and timely as possible. However, the Foundation does not warrant that the Content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or to cancel orders for goods or services ordered by you if any information on the Websites is inaccurate at any time without prior notice (including after you have submitted your order). Further, the Websites may contain historical information which necessarily is not current and is provided for your reference only.
Modifications and updates to information on the Websites. We reserve the right to modify the Contents at any time. However, we undertake no obligation to update, amend, or clarify information on the Websites, including pricing information, except as required by applicable law. No specified update or refresh date on the Websites should be taken to indicate that all information has been modified or updated. You agree that it is your responsibility to monitor changes to the Websites.
Disclaimer of Warranties and Limitation of Liability. To the maximum extent not prohibited by applicable law and unless otherwise expressly stated, the Foundation provides all products and services “as is” and “as available.” The Foundation expressly disclaims all representations or warranties of any kind, either express or implied in all products or services provided by it, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, copyright ownership, non-infringement, and other third-party proprietary rights.
The Foundation will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise) arising from your use of any goods or services procured using the Websites, or for any other claim related in any way to your use of the Websites, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Websites, any Content or goods or services posted, transmitted, or otherwise made available to you, even if advised of such possibility.
The Foundation makes reasonable, ongoing efforts to revise and update the Websites but does not warrant that they will provide continuous, prompt, secure, or error-free service. The Foundation assumes no responsibility for any errors or omissions on the Websites (including the inaccuracy of content) or for any damages or losses that you may incur as a result of its unavailability. The Foundation assumes no responsibility and will not be liable for any damage to a user’s computer equipment or viruses, or other harmful components that may infect such equipment or other property resulting from use of the Websites. At its discretion, the Foundation may discontinue or take down the Websites or any section of them at any time.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, and limitations may not apply to you.
Posting on the Websites. The Foundation offers interactive features, such as comment sections on the Websites and social media accounts, to engage with the public and to advance FAM’s mission. From time to time, the Foundation may invite users to share content. 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. Specifically, if, with or without a request from us, you send creative ideas, comments, suggestions, proposals, plans, or other materials (collectively, “Comments”) through the Websites, you grant the Foundation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments and the name by which you sent the Comments throughout the world in any media. We are under no obligation to maintain any Comments in confidence, to pay compensation for any Comments, or to respond to any Comments.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, defamatory, or objectionable material, or contain any computer virus or other malware that could in any way affect the operation of the Websites or services offered on them. You agree not to use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. Comments for the purposes of political campaigning, commercial solicitation, mass mailings, and any form of “spam” are prohibited. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
The Foundation reserves the right (but not the obligation) to edit or remove all Comments, but does not regularly review posted content. We will not remove Comments based solely upon a user’s request.
Account security and confidentiality. By using the Websites, you must maintain the confidentiality of your account and your passwords, and must restrict access to your personal computer and mobile devices. You agree to accept responsibility for all activities that occur under your account or password. You agree to use the Websites only for lawful purposes and not to participate in any action that could compromise the security of the Websites or damage the Websites and their Content.
Links to third-party sites. The Websites may link to and from third-party websites and tools (“Third-Party Sites”). Third-Party Sites are not under the Foundation’s control and are provided only as a convenience and for informational purposes. We have no control over Third-Party Sites and are not responsible for examining or evaluating the content or accuracy of them. The Foundation makes no representation or warranty and has no liability or responsibility for the accuracy, legality, or content of Third-Party Sites or for any materials, products, or services provided to you through them. Any use by you of tools offered through Third-Party Sites is entirely at your own risk and discretion. Please carefully review the policies and practices for Third-Party Sites and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Copyright. All text, images, trademarks, data, audio files, video files, video clips, software, documentation, and all other information contained in such files, and all other content on the Websites is proprietary to the Foundation and is the property of the Foundation or its content suppliers. The compilation of all content on the Websites is the Foundation’s exclusive property and is protected by United States and international copyright laws. Copyright and other proprietary rights may be held by individuals and entities other than, or in addition to, the Foundation.
Copyright Complaints. The Foundation is committed to complying with United States copyright and related laws. Owners of copyrighted works who believe that their rights under such laws have been infringed should contact email@example.com with contact information and a link to the relevant content.
Trademarks. Many of the names, titles, trademarks, service marks, and logos (collectively, “Trademarks” and each a “Trademark”) that appear on the Websites that include “FAM” and FAM’s logos are registered or common law (unregistered) marks owned by the Foundation. The Trademarks of third-parties may also be displayed on the Websites. Nothing contained on the Websites may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Websites without the prior written permission of the Foundation or the third-party that owns the Trademark displayed on the Websites. Any unauthorized use of a Trademark or any other materials is strictly prohibited.
Requests to use the Foundation’s trademarks in connection with commercial activities should be made to firstname.lastname@example.org.
The Foundation provides no warranty regarding infringement. The Foundation does not warrant that the use of materials displayed on the Websites will not infringe on the rights of any third-party not owned by or affiliated with the Foundation. For example, some works may be under copyright by an artist or the artist’s heirs holding rights to these works, or may include third-party trademarks or rights of publicity. The Foundation 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.
Goods or services purchased on the Websites.
- Your agreements regarding goods or services purchased. If you purchase goods or services on the Websites, you affirm to us that you are 18 or older. You agree not to use any goods or services purchased from us for any illegal or unauthorized purpose, and that you will not use any goods or services in any way that could violate any laws in your jurisdiction, including copyright laws. You further agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address, and credit card number(s) and expiration date(s), so that we can complete your transactions and contact you as needed.
- Our reserved rights. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Websites is void where prohibited. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- No warranties. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
- Changes and cancellations of orders. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail or billing address or phone number provided at the time the order was made.
- Errors, inaccuracies, and omissions. Occasionally, there may be information on the Websites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Further, we have made every effort to display as accurately as possible, the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate.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.
- If a product offered on the site is not as described, your sole remedy is to return it in unused condition. Certain products or services may be available exclusively online through the Websites which may have limited quantities and are subject to return or exchange only according to our Returns Policy. For more detail, please review our Returns Policy.
Indemnification. You agree to fully defend, indemnify, release, and completely hold harmless: (i) the Foundation; (ii) its subsidiaries and affiliates; (iii) the successor and assigns of (i) and (ii); and (iv) the respective officers, directors, agents, representatives, employees, contractors, and consultants of (i) through (iii) (each an “Indemnified Party”) from and against suits, claims, actions, legal proceedings, liabilities, demands, damages, losses, costs, and expenses (including attorney fees) (each a “Claim”), arising out of or resulting from your use of the Websites.
First Americans Museum – Privacy Statement
The Foundation and FAM. The American Indian Cultural Center Foundation (the “Foundation”), an Oklahoma not-for-profit corporation, manages and operates the First Americans Museum (“FAM”) located at 659 First Americans Boulevard, Oklahoma City, OK 73129-6100.
Meaning of words used in these Terms and Conditions. Throughout this Privacy Statement, the words we, us, and our mean the Foundation. The words you and your mean you as a user of the Websites. The words including and include are intended to imply that the list or words following it are illustrative and not exclusive.
By providing personal information to the Foundation, you agree to this Privacy Statement. Please read this Privacy Statement carefully before accessing or using the Websites or providing any personal information to us. Your use of the Websites or provision of personal information to the Foundation constitutes your agreement to the terms of this Privacy Statement.
Cookies and Pixel Tags. The Websites use technologies such as “cookies” and “pixel tags” to improve the functioning of the Websites and your experience. Cookies are small data files that are automatically sent to your browser from a Web server and stored on your computer’s hard drive that enable us to remember what items are in your shopping cart and to personalize your experience. “Pixel tags” are tiny graphical images embedded in emails or webpages, used to determine what parts of a website a visitor has viewed, or whether an email was successfully opened. These technologies do not contain any personal information about you but rather, they gather information to analyze traffic to the Websites, to improve our content and navigation, to enhance our marketing efforts, to personalize your experience, and to provide online display advertising, and offline advertising, tailored to your interests based on your online behavior.
The Foundation also works with third-party analytics and marketing partners who use technologies such as cookies and pixel tags on our behalf. For details, see Third-Party Service Providers.
You may choose to set your browser so that it does not accept cookies. Most areas of the Websites will function without cookies, but cookies are required if you wish to register, sign in, or place items in your shopping bag. For an optimal experience with the Websites, we recommend that you allow cookies.
Our Emails to you. The Foundation regularly emails our visitors, members, and donors. If you do not wish to receive our emails, you may unsubscribe by clicking the “unsubscribe” link in our emails and on the Customer Service page on the Websites. You may also access, update, review, correct, suppress, or remove any of the personal information you have given to us by emailing email@example.com.
How we collect and use the information you provide. We collect and use the information you provide to personalize the Websites so that we can better meet your needs, fulfill your online orders, facilitate customer service, inform you of products and promotional offers, analyze trends, and collect statistics. We maintain the data that you provide, along with a record of your transactions, in secure databases. To best serve you, we may combine this information with data that is publicly available and data that we receive from other reputable sources. Our collection and use of visitor information varies with the type of visit or transaction.
For details about each transaction type, see Donations and Memberships, Purchases at FAM’s Museum Store, Purchasing Tickets to Events, and Completing Surveys, below, and Your privacy rights allow you to exclude your personally identifiable information (to “opt-out”) from disclosure to third-parties for marketing purposes.
Donations and Memberships. When making a donation or purchasing a membership, the Foundation will ask you to provide personal information that is necessary to process and service your donation or membership online, which may include your name, billing and shipping address(es), telephone number, email address, and credit card number. Your credit card information will be temporarily stored on a secure server and used only for processing your online transaction. We will retain the information you provided for our records and to facilitate customer service.
We may share the names and postal addresses we receive from members and donors with other organizations for marketing purposes. If you do not want to have your information used in this way, you may send an email message containing your name and postal address to firstname.lastname@example.org. We may also share such information with third-party vendors who help us analyze and understand our donor and membership base.
In certain cases, you may be asked for additional information required to complete and service your request, such as the names of your children when joining the FAMily. (See Privacy and Children below).
Purchases at FAM’s Museum Store. When purchasing items at FAM’s Museum Store, whether on the Websites, by telephone, or by mail, you will be asked to provide information necessary to fulfill your order, including your name, billing and shipping address(es), telephone number, and credit card number. For online orders ,we ask for your email address and telephone number so you can receive order and shipping confirmation emails and queries if we have difficulty processing your order. When you make a purchase, your credit card information will be stored temporarily on a secure server. We will retain the personal information you provided with your order for our records to facilitate customer service and to inform you of our products and promotional offers. We use Secure Socket Layer (SSL) software, which encrypts the payment information you input.
When you make an online purchase, we may share the information you provide, such as your name and your postal address, with other reputable organizations and companies whose products and services might interest you. Please note that the privacy policies of these organizations and companies may differ from ours. If you prefer not to have your personal information shared with third-parties for marketing purposes, or would like to be removed from our mailing list, please contact us at email@example.com.
We may also share your personal information with third-party service and marketing partners to process online and offline transactions and to personalize your shopping experience on our and other websites. For details, see Third-Party Service Providers below.
Subsequent to your online purchase, you may receive email communications (where you will have an opportunity to opt-out of further communications) requesting that your rate or review a product. When you rate or review a product from FAM’s Museum Store, you will be asked to enter your email address so that we can contact you in relation to your review.
As part of our commitment to your privacy, FAM’s Museum Store supports and adheres to the guidelines and practices of the Data and Marketing Association. We do not make our customers’ email addresses available to any third-parties.
Purchasing Tickets to Events. When purchasing tickets to events, the Foundation will ask you to provide personal information necessary to fulfill your online ticket order, which may include your name, billing and shipping address(es), telephone number, and credit card number. This is the same information requested when you place a ticket order by telephone or in person. For online ticket orders, we also require your email address so that you can receive order, shipping, event, or other transaction-related emails, and so that we can communicate with you if we have difficulty processing your ticket order or request. When you purchase tickets, your credit card information will be stored temporarily on a secure server, and we will retain the personal information you provided with your order for our records, to facilitate customer service, and to inform you of FAM programs and offerings.
When you purchase tickets, we may share the information you provide, such as your name and your postal address, with other reputable organizations and companies whose programs and services might interest you. Please note that the privacy policies of these organizations and companies may differ from ours. If you prefer not to have your personal information shared with third-parties for marketing purposes, or would like to be removed from our mailing list, please contact us at firstname.lastname@example.org.
If you are placing a ticket order in person at FAM, you may indicate your preference to staff when purchasing your tickets.
We may also share your personal information with third-party service marketing partners to personalize your shopping experience on our and other websites. For details, see Third-Party Service Providers.
Completing Surveys. The Foundation occasionally asks for feedback and publishes surveys on the Websites or through a reputable third-party service provider. Your participation in these surveys is on a voluntary and anonymous basis, unless otherwise specified. We use survey responses to improve our understanding of you, our visitors, and to determine how best to serve your needs. Information collected in these surveys is never sold, rented, or shared with third-parties for marketing purposes.
Our Blogs. We welcome your participation on our blogs. An email address is required to post comments. The Foundation will not use these email addresses in any way, unless permission to do so is specifically requested and granted. We will not share these email addresses with any third-parties for marketing purposes.
Emailing the Foundation. If you email the Foundation, any message, material, business information, ideas, concepts, or other information sent to the Foundation by email will be treated as non-confidential and non-proprietary.
Third-Party Service Providers. The Foundation engages reputable third-party vendors in order to help us manage the Websites, process online and offline transactions, better respond to the needs of our visitors, and enhance our marketing efforts. This includes third-party analytics vendors such as Google Analytics and other marketing partners who serve advertisements across the Internet, offline, and sometimes on the Websites on the Foundation’s behalf. They may use information about your visits to the Websites and other sites to personalize advertisements for goods and services. Please click here for more information about how data is collected and processed in connection with the Google Analytics service. We and our third-party vendors or partners use analytics data for a variety of purposes such as to improve the design and content of our Websites, to help us learn things like what pages are most attractive to all of our visitors, what promotions visitors like to see, and to gauge the success of our advertising campaigns.
The Foundation may also share your personal information—including your name, address, email address, as well as a record of any transactions you conduct with us on our Websites or offline—with a third-party advertising partner and its service providers in order to deliver to you advertisements tailored to your interests on certain websites. Our advertising partner will make the data we provide anonymous. Although this website does not respond to a browser’s “Do Not Track” signal, you may opt-out of interest-based advertising. To learn more about the use of this information and about advertising tailored to your interests by third parties, or to opt out, visit the Network Advertising Initiative.
The Foundation requires its vendors to maintain the confidentiality of the information to which they are provided access, and restricts these vendors from using or disclosing the information in any way without the Foundation’s express authorization.
Social Media. When you access or interact with the Foundation through a social media service such as Facebook or Instagram, we may have visibility to your profile name and other information you have made public in connection with that particular social media service. Social media companies may collect and share anonymous aggregate metrics with the Foundation regarding use, such as the total number of clicks, shares, users’ demographics (e.g., age range, gender, location). These social media companies are not operated by the Foundation, and use of their services is governed by the privacy policies of the social media companies.
Children and Privacy. The Foundation takes care to protect the safety and privacy of children. Accordingly, we do not knowingly collect personal information from children under the age of 13.
Data Security. The Foundation makes every reasonable effort to ensure the security of transactions that occur on the Websites. To maintain data accuracy, prevent unauthorized access, and ensure the correct use of information, we have put appropriate physical, electronic, and administrative procedures in place to safeguard and secure the information we collect online. We utilize SSL (Secure Socket Layer) technology, which encrypts our visitors’ credit card numbers, names, and addresses. The Websites are also VeriSign Secure Site and PCI DSS (Payment Card Industry Data Security Standard) compliant, which ensures security and protection of sensitive customer credit card information.
Please be advised that when placing an online order through the Websites, your personal data will be protected in accordance with United States law, but may not be at the same level of protection as is legally required in the European Union. If you are shopping with us and your billing or shipping address is in the European Union, you will be asked to consent to our EU Data Protection Disclosure upon checkout.
Changes to this Privacy Statement. The Foundation may revise this Privacy Statement at any time. Check here often for updates.
Questions. Questions about this Privacy Statement should be sent to us at email@example.com.