Creative Alliance Milwaukee, Inc. - Online Usage Agreement as of 4/13/2011
This Usage Agreement (“Agreement”) sets forth the terms for your use of our Website www.CreativeAllianceMke.org. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Registered User” (which means that you have registered with us and created a Profile). The term “User” refers to a Visitor or a Registered User. You are only authorized to use the site if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Website immediately. If you wish to become a Registered User, communicate with other Registered Users and make use of the Website, you must acknowledge your acceptance of this Agreement prior to completing the registration process.
We may modify this Agreement from time to time and such modification will be effective upon posting to our Website.
This Agreement will remain in full force and effect while you use the Website or are a Registered User. You may terminate your registration at any time, for any reason, by contacting us as provided below. We may terminate your registration at any time, without warning.
2. Profile and Password
When you sign up to become a Registered User, you create a Profile. By using the Website, you represent and warrant that (a) all Profile information you submit is truthful and accurate (this means you cannot use a false or misleading name or a name that you are not authorized to use – impersonating another person or organization on our Website is prohibited); (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your Profile may be deleted without warning if we believe that you are under18 years of age.
Please choose carefully the information that you include in your Profile and provide to other Users. Your Profile may not include any text, photographs or other matter, or links to sites that contain matter that is obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable. Despite this prohibition, information provided by other Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of the Website by any person, please contact us as provided below.
You will also be asked to choose a password when you sign up to become a Registered User. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Registered User at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
3. User Content
Our Website allows you to connect to other Registered Users and send them messages through an Intrasite Messaging System. In addition, you can submit to us events, stories, news, jobs and opportunity postings and other information that you would like to share with other Users. You are not permitted to send messages or submit information or content (collectively, “User Generated Content”) that you do not have a right to use and share on the Internet. You represent and warrant that: (a) you are the original author or creator of the User Generated Content and/or have full copyright, title and interest in and to any User Generated Content, (b) you have the full power and authority to share the User Generated Content on the Website, (c) the use of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, (d) you will not publish falsehoods or misrepresentations that could damage us or any third party, (e) you will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, (f) you will not impersonate another person, (g) you will not produce spam throughout the Website publicizing a product or event, (h) you will not submit or send any ”junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of unauthorized solicitation, (i) you will not submit or send any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (j) you will not interfere with or disrupt the Website or the servers or networks connected to the site, (k) you will not violate any applicable local, state, national or international law, and (l) you will not “stalk”, harass or send any inappropriate or insulting messages to another Registered User.
Please note that if you submit any User Generated Content on our Website, you will still own the User Generated Content (assuming you have rights to own it), but you are giving us the royalty free right to use your User Generated Content. That means that if you send in, post, upload, make available, or disclose to us in any way any User Generated Content, you grant us the right use it any way we want in any medium without getting your permission or having to pay you for it.
You acknowledge that we may or may not pre-screen User Generated Content, and have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any User Generated Content for any reason, including without limitation that such User Generated Content violates this Agreement or is otherwise objectionable.
We try to create an environment in which Users are interacting in a way that is useful and appropriate; however we cannot and do not monitor or manage all User Generated Content. Thus, we do not promise the accuracy, integrity, or quality of the User Generated Content and do not endorse it in any manner. You are entirely responsible for all User Generated Content that you provide.
4. Our Use of Your Information
5. General Practices Regarding Use and Storage
We may establish general practices and limits concerning use of our Website, including without limitation the maximum number of days that User Generated Content will be retained by us. You agree that we have no responsibility or liability for the deletion or failure to store any User Generated Content.
6. Modifications and Termination
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website with or without notice. You agree that we may terminate your password, Profile (or any part thereof) or use of our Website, and refuse to post or remove and discard any of your User Generated Content, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with terms of this Agreement or the principles of our organization. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any cancellation of your Profile or termination of your access to our site.
7. Proprietary Rights
You acknowledge and agree that our Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content presented to you through our site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our website or the software, in whole or in part.
Creative Alliance Milwaukee and CreativeAllianceMKE.org are our trademarks. You agree not to use these trademarks in any manner without our permission.
9. Disclaimer of Warranties
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make no warranty that (i) our Website will meet your requirements or be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of our Website will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through our Website will meet your expectations.
You agree to indemnify and hold us and our employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your User Generated Content, your use of our Website, your violation of this Agreement, or your violation of any rights of another person or entity.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE OUR WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROFILE AND INFORMATION OR USER GENERATED CONTENT; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO OUR WEBSITE.
12. General Information
This Agreement constitutes the entire agreement between us regarding, and governs your use of, our Website, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. This Agreement and the relationship between us will be governed by the laws of Wisconsin without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Wisconsin. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.