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.
The Websites. The Foundation created and maintains two websites—FAMok.org and first-americans-museum.shoplightspeed.com—(collectively referred to in these Terms of Use as “the Websites”). FAMok.org provides information about FAM, while first-americans-museum.shoplightspeed.com is our online Museum Store. Both of the Websites are provided to you in support of our mission in managing and operating FAM—to serve as a dynamic center promoting awareness and educating the general public about the unique cultures, diversity, history, contributions, and resilience of the First American Nations in Oklahoma today.
Meaning of words used in these Terms of Use. Throughout these Terms of Use, 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 using the Websites, you agree to these Terms of Use. The Websites are provided to users subject to these Terms of Use, the Foundation’s Privacy Statement, and additional terms and conditions, and policies referenced in these Terms of Use, or made available by hyperlink on the Websites. These Terms of Use apply to all users of the Websites, including users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Use carefully before accessing or using the Websites. By accessing, browsing or using the Websites, and by purchasing a good or service from us, you accept and agree to comply with these Terms of Use. If you do not agree to all of these Terms of Use, then you may not access the Websites or use any services offered through them.
Changes to the Websites. Any new features or tools that the Foundation adds to the Websites will also be subject to these Terms of Use. You can review the most current version of these Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and changes to the Websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Websites following the posting of any changes constitutes acceptance of those changes.
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 represent and warrant that you own or otherwise control all of the rights to the Comments that you post, that the content of the Comments is accurate, that use of the Comments does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify the Foundation as set out in the section of these Terms of Use titled Indemnification for all claims resulting from Comments you supply. The Foundation takes no responsibility and assumes no liability for any Comments posted by you or any third-party.
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 info@famok.org 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 info@famok.org.
Prohibited Uses of the Websites. In addition to other prohibitions set out in these Terms of Use, 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 any applicable law. We reserve the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse, or delete any Comment for any reason whatsoever. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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.
Governing Law. These Terms of Use will be interpreted and enforced in accordance with the laws of the State of Oklahoma (exclusive of its conflicts-of-laws rules). For any dispute related to these Terms of Use, your visits to the Websites, any products or services sold or distributed in connection with the Websites, you irrevocably consent to the jurisdiction of the State of Oklahoma and agree that any court of competent jurisdiction sitting in Oklahoma County, Oklahoma is an appropriate and convenient place of venue to resolve any such dispute.
Conflict. In the event of any conflict between these Terms of Use, and any document related to the work or any other type of instrument used by either party in the normal course of business (whether oral or written, signed or unsigned), these Terms of Use will control.
Entire Agreement. These Terms of Use and the Foundation’s Privacy Statement constitute the entire agreement and understanding between the Foundation and you, and govern your use of the Websites and all services provided by the Websites. All prior and contemporaneous written or oral agreements and communications between the parties, including any prior versions of these Terms of Use, are superseded by these Terms of Use.
Waiver. The Foundation’s failure to exercise or enforce any right of provision of these Terms of Use will not constitute a waiver of such right or provision unless expressly acknowledged and agreed to in writing by the Foundation. No course of dealing between the parties, delay in the exercise of any rights under these Terms of Use, or failure to object to any action or omission constitutes a waiver of any terms of these Terms of Use. A waiver of any term of these Terms of Use will not constitute a continuing waiver of that term.
Severability. If any provision of these Terms of Use is determined to be to any extent invalid, illegal or unenforceable, it will be deemed stricken from these Terms of Use. All other provisions of these Terms of Use will remain in full force and effect. The stricken provision will then be deemed replaced with one that is valid and enforceable, and that comes closest to expressing the Foundation’s original intent.
Questions. Questions about these Terms of Use should be sent to the Foundation at info@famok.org.