MnCAAN TERMS / PRIVACY

ACCEPTANCE OF TERMS:
This Website and its Services (www.mncann.net), provided by MnCAAN, is subject to the following Terms of Use (TOU), which may be updated by us from time to time. MnCAAN reserves the right to alter these TOU without advance notice by posting revised TOU. You can determine if the TOU has been revised by referring to the "Last Updated" date at the top of this page. In addition, when using particular services provided by MnCAAN, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOU. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF ANY OF THE WEBSITE AND ITS SERVICES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. By using the Website you further indicate that you are 18 years of age or more, or have received permission from a parent or legal guardian.

DESCRIPTION OF SERVICES:
MnCAAN provides visitors with access to news/events, editorial content, online resources, networking opportunities, searchable databases, specialized content, and in the future, forums and blogs. Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release of new MnCAAN properties, shall be subject to the then-current TOU.

YOUR RESPONSIBILITIES:
You agree not to use the Website and its Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) to send email or other communication to the artist/groups represented on our website that is defamatory, obscene, threatening, abusive or hateful; or (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

Without our written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

The Website and its Services are not intended for users under the age of 18, and MnCAAN does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

You are solely responsible for content you provide to us ("Your Content") to be published on our Website through our data entry forms, and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us. Further, we neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Services by anyone. We have the right, but not the obligation, to monitor and review the content on the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes.

You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines and (g) all information that you provide to us will be true, accurate and current.

You acknowledge and agree that Third Parties are third-party beneficiaries of these representations and warranties, and that they shall apply to them with the same force and effect as they apply to us.

You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display and create derivative works from Your Content in any media now known or not currently known. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.

USE OF YOUR PERSONAL INFORMATION:
You may choose to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which is incorporated herein. If you use the Website and/or the Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Website and/or the Services.

ARTIST ROSTER TERMS:
We allow selected artists in a variety of disciplines to post their art and/or representations of their art ("Artist Materials") on this Website. We permit users who agree to these Terms of Use to view such Artist Materials on this Website. Users may contact the artists directly to purchase artwork or art-related services. Any communications or transactions between users and artists are handled between the users and the artists and we are not involved and take no responsibility whatsoever in connection with those activities.

You may find some artists’ art and/or representations of their art objectionable to you or not suitable for children. Children under eighteen (18) should not view the material without the consent and supervision of their parents.

PARTNERS AND ADVERTISERS:
Your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services, including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and such parties. You agree that MnCAAN will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such parties on the services.

NON-U.S. RESIDENTS:
We make no representation whatsoever as to the appropriateness of the materials on this Website for non-U.S. users. Visitors are responsible for compliance with their applicable local laws.

LINKS:
You acknowledge that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.

SOFTWARE SUPPORT:
We offer some files in common Adobe Acrobat, .mov, .mp3 file format, and may offer other files in other common formats. We do not offer technical support for any third party software including, but not limited to, Adobe Reader, Windows Media Player, Microsoft Windows Explore Browser, etc.

TRADEMARKS:
Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

COPYRIGHTS: Restrictions on Use
The content of the Services ("Our Content"), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is (1) copyrighted by MnCAAN and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by MnCAAN or its licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE AND ITS SERVICES IS AT YOUR SOLE RISK. THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED “AS IS” and “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT WITH RESPECT TO THE SERVICES.

MnCAAN MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MnCAAN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND ITS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. MnCAAN MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MnCAAN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, MnCAAN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. MnCAAN specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a classified advertisement on the Website, you are promising that the content of your advertisement is true and that you will indemnify MnCAAN against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on the Website you waive any claims against MnCAAN for damages arising from such advertisement or your reliance upon statements in such advertisement.

LIMITATION OF LIABILITY:
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE WEBSITE AND YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

EXCLUSIONS AND LIMITATIONS:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

INDEMNIFICATION:
You agree to indemnify, defend and hold harmless MnCAAN, (its affiliates, officers, directors, partners (including third-party partners to whom MnCAAN may provide Your Content), employees, consultants and agents), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as your) use of the Services, (3) your (or access to the Services as your) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses or other harmful programming routines input by you into the Services.

MODIFICATIONS TO TERMS AND SERIVES:
We may change the Terms from time to time. We will notify you of any such changes via e-mail and/or by posting the changes on the start-up screen. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain areas of the Services may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these Terms, these Terms shall control.

We reserve the right to modify or discontinue the Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.

TERMINATION:
You understand and agree that, without prior notice and in MnCAAN’s sole discretion, your access to and use of the Website and its Services may be terminated or suspended; and further, that MnCAAN may also exercise any other remedy available and remove any unauthorized User Content, if MnCAAN believes that your (or anyone using your computer, e-mail or password) use of the Website violates or is inconsistent with this TOU, or violates the rights of MnCAAN, another user or applicable law.

You acknowledge and agree that monetary damages may be insufficient to remedy violations of the TOU, and you consent to injunctive or other equitable relief for such violations. Further, you agree that MnCAAN is not required to refund to you any money you may have paid if you are terminated as a user.

MnCAAN shall not be responsible for any loss or damage that results from termination or suspension of user's access or account. The provisions of this Agreement will survive the termination of the Agreement or your access, whether terminated by you or MnCAAN.

VIOLATIONS:
Please report any violations of the Terms to: artsandaging@mncann.net

GOVERNING LAW:
These TOU shall be governed by and interpreted in accordance with the laws of Minnesota and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

NOTICES:
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the TOU or other matters, by displaying such notices or by providing links to such notices.

FILTERING:
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html

MISCELLANEOUS:
If any part of these TOU is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these TOU will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

This constitutes the entire agreement between you and MnCAAN with respect to your use of the Website or its Services and supersedes all prior or contemporaneous communications and proposals between you and MnCAAN.

If your have any questions about these Terms of Use please contact MnCAAN at artsandaging@mncaan.net