Terms of Use

1. Introduction 

The Academy Museum Foundation d/b/a Academy Museum of Motion Pictures (the “Academy Museum” or “we”) has created and maintains the Academy Museum website at academymuseum.org (the “Site”), and an application for your mobile device (the “App”) in efforts to be the largest institution in the United States devoted to the arts, sciences, and artists of moviemaking.. The following terms and conditions (the “Terms”) govern your access and use of the Site, App, and other services provided by the Academy Museum (collectively, the “Service”). By using the Service provided by the Academy Museum, you expressly agree to comply with and be bound by the following Terms, which we may change at any time. 

These Terms provide that all disputes between you and the Academy Museum will be resolved by BINDING ARBITRATION AND BY ACCEPTING THESE TERMS, YOU AND THE ACADEMY MUSEUM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review section 25 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with the Academy Museum.

2. Acceptance of Terms and Conditions 

By clicking “I Accept,” or by downloading, installing or otherwise accessing or using the Service, you fully acknowledge and accept these terms, including any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time.

3. Accounts and Registration 

To access some features of the Service, such as Membership, Ticketing, and the Press Room, you must register for an Academy Museum account. When you register for an Academy Museum account, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you. In California, this requires you to be at least 18 years old. Users must be at least 18 years of age or have parental or guardian consent to use the Service. By agreeing to these Terms, you represent and warrant to us that:  a. you are at least 18 years of age;  b. you have not previously been suspended or removed from the Service; and  c. your registration and your use of the Service is in compliance with all applicable laws and regulations. 

During registration, you will provide us with certain information about yourself, such as your email address or other contact information, along with payment information if a transaction is made, please review section 4 (“Payment”) for the details regarding your transactional information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Academy Museum account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at webmaster@oscars.org. 

You waive and hereby release the Academy Museum from any claim in respect of or arising from any reliance by us upon any use of your log-in details and/or account, including us disclosing information relating to your account and/or affairs with us.

4. Payment 

You may apply for an Academy Museum membership, make a donation, purchase tickets to Academy Museum events, or undertake other monetary transactions (collectively, “Transactions”) through the Service. Before you undertake any Transaction through the Service, you must agree to comply with the Terms and Conditions of Sale, which govern the purchase and reservation of online sales through the Service. 

The Terms of Sale form part of the overall Terms of Use of the Website and are incorporated herein by this reference.

5. Protection of Privacy 

The Academy Museum is dedicated to preserving the privacy of personal information given to us by users of the Service. Maintaining the privacy of user personal information is important to us, and informing our users of the types of information we collect, and how we treat it, is critical to our operation. When you provide your personal information to us through the Service, that constitutes your agreement to the terms of our Privacy Policy posted at academymuseum.org/privacy. The Privacy Policy forms part of the overall Terms of Use of the Service and are incorporated herein by this reference.

6. Location Information 

When you use the App, we may collect location information via Bluetooth (or other similar technology) to determine the current location of the device being used to access the App in order to determine where it's located to display relevant information and your location on a map. The App does not share the location with others. 

If you do not want us to use the location of the device, you may stop our collection of your location information by turning off location services for the App in the device's settings and/or within the App's settings. For further information, read the Privacy Policy for details on how data is handled during your visit to the Academy Museum.

7. Ownership 

On the condition that you fully comply with these Terms, the Academy Museum grants you a limited, nonexclusive, non-transferable and revocable license to access and use the App on compatible mobile devices that you own or control for your own personal, non-commercial use. You acknowledge and agree that, as between you and the Academy Museum, the Academy Museum has all right, title, and interest in and to the App and all intellectual property rights associated with the App. The App is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the App (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Academy Museum reserves all rights not expressly granted to you. You must comply with all laws when using the App as well as all applicable copyright, trademark or other legal notices or restrictions. The terms of this license will also govern any upgrades provided by the Academy Museum that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. 

Except as expressly authorized by these Terms, you may not  a. in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the App, except to the extent required by applicable law,  b. install or use the App on a computer or other device that is primarily used as a file server,  c. remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the App,  d. use any unauthorized third-party software that intercepts, "mines," or otherwise collects information from or through the App, unless authorized by the Academy Museum in its sole discretion,  e. distribute, publish, display, perform, sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the App, or authorize all or any portion of the App to be copied onto another user's computer except as permitted hereunder,  f. intercept, emulate, or redirect the communication protocols used by the App in any way, for any purpose, or engage in any activity that interferes with or disrupts the App or the Services’ or its vendors' servers or other infrastructure, or  g. facilitate, create, or maintain any unauthorized connection to the App, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Services’ or its vendors' servers; and (ii) any connection using programs or tools not approved by the Academy Museum in its sole discretion.

8. Modification of Terms 

The Academy Museum reserve the right, at our sole discretion, to modify these Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In addition to posting the modified Terms to the Service and indicating the date of last modification, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. Your continued use of the Service after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

9. Guidelines for Use of the Service 

Academy Museum reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Without limiting the foregoing, you agree that you will not:  a. use the Service for any purpose or activity (or to solicit the performance of any activity) that is unlawful or prohibited (including, without limitation, the prohibitions in this section) by the Terms;  b. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, bulk mailing and spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;  c. use the Service to defame, harass, abuse, threaten, stalk, or defraud users. You further agree not to collect or attempt to collect personal information about users or third-parties without their consent;  d. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;  e. intentionally interfere with or damage, impair, or disable the operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code;  f. interfere with or disrupt networks connected to the Service;  g. attempt to gain unauthorized access to the Service to modify, reverse engineer, or reverse assemble any part of the Service;  h. conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Service or other users of the Service;  i. impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or access any other Service account without permission or in excess of any account permissions you may have; or  j. violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws. 

Any unauthorized use of this Service (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Use. It will also be a violation of these Terms of Use for any individual (or group of individuals acting in concert) to request more than 1,000 pages of the website in any 24-hour period.

10. Permitted Use of Materials 

Academy Museum and its licensors are the owners of the text, images, marks, data, audio, video, design, visual interfaces, graphics, computer code (including source code or object code), and all other content that is posted on this Service, but excluding any Non-Academy Museum Content (as defined below) (collectively the “Materials”). 

Except as expressly authorized by the Academy Museum and/or the applicable rights holder, or except for parts of the Service expressly subject to a separate license (in which case such license will govern use of that part of the Service), the Materials are made available for limited noncommercial, educational, and personal use only, or for fair use as defined in United States copyright laws. You must, however, cite the author and source of the Materials as you would material from any printed work, and the citations should include the URL “www.academymuseum.org.” By downloading, printing, or otherwise using Materials, whether accessed directly from the Service or via other sites, services or mechanisms, you agree that you will limit your use of such files to noncommercial, educational, or personal use, or for fair use, and will not violate the Academy Museum’s or any other party’s proprietary rights or applicable policies. You may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Academy Museum. Please note that you are responsible for determining whether your use is fair and/or for responding to any claims that may arise from your use.

11. Requesting Permission 

Except as expressly permitted above, reproduction or redistribution of any content on the Service is strictly prohibited without the prior written permission of the Academy Museum.

12. Trademarks 

The names, titles, trademarks, service marks, and logos used and displayed on this Service are registered and unregistered marks of the Academy Museum, Academy of Motion Pictures Arts and Sciences, and others (collectively, “Trademarks”). You may not use Trademarks without Academy Museum’s prior, written permission. You acknowledge and agree that nothing on this Service grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of Trademarks or may be construed to mean that the Academy Museum has authority to grant any right or license on behalf of any third-party trademark owner.

Oscar®, Oscars®, Academy Awards®, Academy Award®, A.M.P.A.S.®, and Oscar Night® are the trademarks, and the ©Oscar® statuette is the registered design mark and copyrighted property, of the Academy of Motion Picture Arts and Sciences.

13. User-Generated Content 

The Academy Museum provides certain interactive features, such as an audience feedback form, for the exchange of ideas and information by visitors in furtherance of its mission. Accordingly, the Academy Museum encourages you to interact with its Service, subject to the following conditions:  a. You are solely responsible for the content that you submit.  b. By posting content, you are giving the Academy Museum and those authorized by the Academy Museum permission to use it for any educational, promotional or other standard museum purpose.  c. You will not post any content that is off-topic, partisan-political, contains personal attacks or expletives, or is otherwise abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, or that infringes on the rights of any third party.  d. You will only post content that is yours or for which you have received permission from the person or entity that owns the content and the related intellectual property rights.  e. You will not insert your own or a third party’s advertising or promotional content into your posting.  f. You understand that the Academy Museum may monitor or review discussions, chats, postings, transmissions, bulletin boards or any other postings from time to time.  g. You understand that the Academy Museum assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.  h. You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.  i. You agree that you will not collect information about the users of this Service or use such information for any purpose.  j. Users must be at least 18 years of age or have parental or guardian consent to use the Service. 

The Academy Museum reserves the right to monitor content or information provided by visitors in its sole discretion, to edit or remove any content that, in the Academy Museum’s judgment, does not comply with the foregoing rules. The Academy Museum is not responsible for any user-generated content that is posted on the Service or for any failure or delay in removing such content.

14. Non-Academy Museum Content 

You understand that when using the Service you will be exposed to User Content and other third-party content (together, the “Non-Academy Museum Content”) from a variety of sources. We are under no obligation to monitor the Non- Academy Museum Content and assume no responsibility or liability arising from the Non- Academy Museum Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Non- Academy Museum Content. If at any time, we choose, at our sole discretion, to monitor the Non- Academy Museum Content, we nonetheless assume no responsibility for the Non- Academy Museum Content, no obligation to modify or remove any inappropriate Non- Academy Museum Content, and no responsibility for the conduct of the user submitting any such Non- Academy Museum Content. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

15. Third-Party Software 

The Service may include open source or other third-party software (collectively, "Third-Party Properties") provided under separate third-party license terms. Any such third-party software is made available to you under the terms of the applicable licenses. Please review the information at Privacy Policy for the applicable notices and license terms. 

The App may allow you to access and interoperate with Third-Party Properties. The Academy Museum does not control any Third-Party Properties to which you may connect using the App and is not responsible for the practices of any third-party. You acknowledge and agree that the Academy Museum is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third-Party Properties. You acknowledge that the App may check for updates to the App that may be available to you.

16. Third-Party Fees 

When you use the App, you may connect to Academy Museum or its vendors' servers. Your communication with Academy Museum properties is governed by the Privacy Policy. You consent to our use of data that you provide or that we may collect about you through the App in compliance with the Privacy Policy. 

As part of the App, you may receive push notifications or other types of messages directly sent to you outside or inside the App (collectively, "Push Messages"). You may control the Push Messages in your device's or the App's settings. Some of the Push Messages may be related to your location or to your use of the App. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device's or the App's settings or by deleting the App. We may collect information related to your use of Push Messages.

17. Digital Millennium Copyright Act 

It is the Academy Museum’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Service of users who may be repeat infringers of copyright. If you have an intellectual property rights–related complaint about anything posted on the Service, you may contact our designated agent at the following address:  Copyright Agent  Academy Museum Foundation d/b/a Academy Museum of Motion Pictures 6067 Wilshire Boulevard Los Angeles, CA, 90036 Email: copyright@oscars.org Phone: 323.930.3000 Please provide the following information to our designated agent:  a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;  b. a description of the copyrighted work that you claim has been infringed;  c. a description of where the material that you claim is infringing is located on the Service;  d. your address, telephone number, and email address;  e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;  f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

18. Links  This Service may contain links to third-party websites. The Academy Museum is not responsible for any content on any linked website. We provide these links as a convenience only; and such links do not imply the Academy Museum’s endorsement, sponsorship, or any affiliation with the linked website.

19. Indemnification  You agree to indemnify and hold the Academy Museum, its officers, directors, employees, and agents, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Service or breach of these Terms of Use in any way.

20. Disclaimer of Warranties  The accuracy, completeness, adequacy, availability or currency of the Service or its content is not warranted or guaranteed. Your use of information on the Site is at your own risk. Academy does not represent or warrant that the Service will be error-free, free of viruses or free of other harmful components. The Service is provided on an “as is” basis. Academy Museum expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement.

21. Limitation of Liability  The Academy Museum shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Site and App. We shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Site, App, or the content.

22. Terminations  The Terms will continue to apply until terminated by either you or the Academy Museum as set out below. Your right to access and use the Service terminates automatically upon your breach of any of the Terms. We may at any time:  a. modify, suspend, or terminate the operation of or access to any of the Service for any reason.  b. modify or change the Service for any reason, or  c. interrupt the operation of the Service for any reason, all as we deem appropriate at our sole discretion.  You may terminate this Agreement at any time by:  a. irretrievably erasing, deleting, or destroying all copies of the Service in your possession or control; and  b. ceasing to use the Services and Materials available through the Service.

23. Governing Law and Jurisdiction  The Terms of Use are governed by the laws of the State of California without taking into account its laws or rules relating to conflicts of laws.

24. Dispute Resolution and Arbitration  Any claim or dispute arising out of or related to the use of the Service will be subject to arbitration to be administered by the American Arbitration Association in accordance with its rules currently in effect. A demand for arbitration will be made and delivered in writing and filed with the American Arbitration Association. A demand for arbitration will be made no later than the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by California law. For statute of limitations purposes, receipt of a written demand for arbitration by the American Arbitration Association will constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. The arbitration hearings will be held in Los Angeles, California. Unless the Parties agree otherwise, the arbitration will be heard by an arbitrator, selected from the American Arbitration Association’s panel. Each party will bear its own filing and administrative fees paid to the American Arbitration Association. Each party will bear its own attorney’s fees and other costs incurrent for its own benefit.

25. Consent to Electronic Communications  By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.