TERMS OF USE (AS OF NOVEMBER 16, 2015)
The Minnesota Street Project provides this website, the online store for Minnesota Street Project Editions, and various other websites and data services that we may provide (together, “Our Website”) as a service to visitors to and tenants of our physical buildings.
BY ACCESSING OUR WEBSITE, YOU ACCEPT WITHOUT QUALIFICATION OR LIMITATION THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “TERMS”), PLEASE EXIT OUR WEBSITE AND REFRAIN FROM FURTHER USE. WE MAY REVISE THE TERMS AT ANY TIME BY REVSION TO THIS AGREEMENT AND YOU WILL BE BOUND BY ANY SUCH REVISIONS. YOUR CONTINUED USE OF OUR WEBSITE AND SERVICES INDICATES YOUR ACCEPTANCE OF ANY CHANGES.
1. Using Our Service is Your Acceptance of Our Terms and Policies. This terms of service agreement (the “Agreement”) is entered into between You and MINNESOTA STREET PROJECT, LLC and/or any of its affiliates (“We”, or “Us” or “Our”), as of the any date You visit Our Website. "Affiliates" mean entities that control, are controlled by, or are under common control with Us. The terms “You”, “Your” or “User” refer to any individual or entity who accepts this Agreement by visiting Our Website. This Agreement includes by reference Our Privacy Policy, which is viewable here.
2. All Users Are Bound by This Agreement. You understand and agree that these Terms apply to all Users of Our Website, including, but not limited to, Users who are just browsing and those who contribute content. Content includes, but is not limited to, text, video, photographs, images, software, interactive art, sound and anything else You may view, access or contribute to Our Website (the “Content”). You further agree to be bound by the terms of this Agreement for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or Our Website, whether or not authorized by You.
3. We Are Not Responsible for Third Party Sites. You understand and agree that Our Website, may contain links to third party sites over which We have no control (“Third Party Site(s)”). You understand, acknowledge and agree that We do not assume any responsibility for any content, practices, regulation or anything else related to any Third Party Sites, including but not limited to, content that You may find objectionable, inaccurate, illegal (obscene or defamatory or anything else), and policies including, but not limited to, any privacy practices, and any regulations.
By using Our Website, You hereby expressly agree that you relieve Us from any and all such liability for Third Party Sites. Please be aware when You are leaving Our Website, and familiarize Yourself with the terms, conditions and policies, including but not limited to, privacy policies of any other website that you visit, because You have agreed above, that We have no liability for anything related to any Third Party Site. You understand and agree that any links We provide to Third Party Sites are provided solely for Your convenience and You use them at Your own risk.
4. Your Use Must Comply With All Laws. If You use Our Website, You hereby agree that Your use will comply with any and all laws and regulations, including but not limited to local, state, federal and international laws and regulations, and with any and all of Our Terms and Policies, as updated from time to time. If You use Our Website or any other services we provide outside of the United States of America (“U.S.”), You understand and agree that You are responsible for following any applicable U.S. export controls laws and also applicable local laws and regulations. If any local laws and regulations conflict with U.S. Export Laws, You shall not access this Website or any of the other Services. The obligations of this provision shall survive any termination or expiration of this Agreement or Your use of this Website or any other Services.
5. You May Not interfere with the Security of the Website. If You use our Website, You hereby agree not to circumvent, disable or otherwise interfere with any security feature of the Website or any other feature that is designed to protect Our Content and/or any Content licensor’s rights.
6. No Exploiting. You agree that You will not copy, distribute or in any other way exploit any part of the Content or Website without Our prior written permission or, in the case of Content that is not Ours, the prior written permission of the person who holds the rights to the Content. If You use Our Website and/or any other Service, You agree you will not alter any Content. You understand and agree that You shall not harvest or collect any personally identifiable information from the Website. You understand and agree that You are not allowed to commercially solicit any Users and You will not use any comment space for any such solicitations, without Our prior written permission, which may be given or withheld in Our sole and absolute discretion.
7. Discontinuing Service. You understand and agree that We reserve the right to discontinue any features of the Website or the entire Website, at any time.
8. Terminating Your Access. You understand and agree that We may, at any time, in Our sole discretion, terminate Your access to the Website, and/or remove Your Content, if any, if We determine that You are violating the Terms or otherwise not acting as a reasonable User.
9. Removing Content. We reserve the right to remove any Content for any reason and without prior notice to You. You understand and agree hereby that We do not permit copyright infringement or infringement of any other intellectual property rights on Our Website. We are not, however, responsible for monitoring Content.
10. No Spam. We will not tolerate any spam and if We choose, We will take any and all actions allowable against You if You cause spam.
11. Our Content. You understand and agree that except for the Content that We permit select people to upload or otherwise post or have posted on Our Website, or provide links to, the Content on the Website, and in connection with any other services, including but not limited to, the text, source code, graphics, photos, videos, music and the intellectual property (including without limitation, copyrights, trademarks and logos (“Our Content”)), is owned by Us in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Our Content is provided to You “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without Our prior written consent or the prior written consent of the licensor(s) of the Content. We are not granting You any license under any copyright, trademark, patent, or other proprietary right. We and Our licensors reserve all rights not expressly granted in and to Our Content and Our Website. You agree You shall not download any Content, unless it is specifically designated on the Website as permitted to be downloaded.
You understand and agree that We are not responsible for any Content and We do not endorse any opinion or advice. You understand and agree that when You access the Website, You may be exposed to Content that is inaccurate, offensive, indecent, injurious or objectionable. However, You understand and agree herein that Your use of Our Website is at Your sole risk and We shall have no liability to You for any Content, to the fullest extent allowable by law. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect to that Content as further delineated and agreed to in this Agreement.
12. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO THE WEBSITE, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFLIATES, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTACTORS AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCULDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF THE WEBSITE AND ANY OTHER SERVICES.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND/OR OUR OTHER SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, SPAM OR ANYTHING LIKE THE ABOVE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND/OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR OUR OTHER SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR ON THE WEBSITE OR ANY OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT OR SERVICE FEATURED IN OR ON ANY BANNER OR OTHER ADVERTISING, IF ANY, OR ANY HYPERLINKED SERVICES AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY.
13. Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS OR CONTRACTORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANYTHING LIKE THE ABOVE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, OUR WEBSITE, BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS (U.S. $250.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You understand, acknowledge and agree that Our Website is offered by Us from Our facilities in San Francisco, California in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. You understand and agree that if you access or use the Website and/or Services from other jurisdictions You do so at Your own volition and risk and You are responsible for compliance with any and all local laws in any other jurisdiction.
14. Indemnity. To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Us, Our affiliates, successors and assigns, officers, directors, employees, contractors, agents, licensors, and licensees from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Agreement Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. Your defense and indemnification obligations will survive these Terms and Your use of the Website and/or any and all other services.
15. Your Ability to Accept Terms of Service. You affirm and agree that Our Website and any of the other services are only available to users who can form legally binding contracts under applicable law. By using this Website or any other service, you affirm, represent and warrant you are more than 18 years of age or an emancipated minor or possess legal parental or guardian consent, and that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Agreement Terms, and to abide by and comply with these Terms and that you are not legally barred from Our Website or any other service. You affirm that you are over the age of 13. Our Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website without the express permission of Your parent or Your legal guardian.
16. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us, or any of Our Affiliates, without restriction.
17. Claims of Copyright Infringement. We respect the intellectual property rights of others and we expect You to also. We may remove content that in Our sole discretion appears to infringe the intellectual property rights of others. We are not, however, in any way responsible for monitoring or otherwise determining if Content that is posted is violating rights.
Please be aware that We will take immediate action to remove or block access to properly reported infringement. If You want to submit a claim of infringement for trademark or copyright or other intellectual property, please contact Us in accordance with Our procedures below.
If You think Content infringes on Your copyrights: If You are a copyright owner or an agent or a licensee and believe that any Content infringes on Your copyrights, You may submit a notification to Us in accordance with the Digital Millennium Copyright Act ("DMCA") by providing Our Copyright Agent (contact information below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
b. Identification of the copyrighted work or if more than one, a representative list of the works claimed to have been infringed;
c. Identification and location on the Website of the material that is claimed to be infringing or to be the subject of infringing activity and is to be removed or access to which is to be disabled;
d. Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, e-mail;
e. A written statement by You that it is Your good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. A written statement by You that the information in the notification is accurate, and under penalty of perjury, and that You are the copyright Owner or you are authorized to act on the copyright owner’s behalf.
You understand and agree that if You do not comply with all of the requirements of this Section above Your DMCA notice may not be valid.
You may send copyright infringement notifications to Our DCMA Agent by postal mail: DCMA Agent, Minnesota Street Project, 1748 Union Street, San Francisco, CA 94123 (phone: 415-243-0825) or by e-mail: DCMA_Agent@Minnesotastreetproject.com.
Our action after notification: If We receive proper DMCA notification, Your content alleged to be infringing will be removed or access to it disabled. We will notify You that We received a DMCA notification and that Your content has been removed or disabled. If You request, We will give you a copy of the DMCA notification.
If You think the content You provided to Us was removed because of mistake or misidentification, the DMCA provides that you may file a counter-notification disputing that removal. If You do not own the copyrighted material in question, or You do not have permission from the owner to use it, you may not submit a counter-notification. If proper counter-notification is not received, Our agent cannot act.
Proper counter-notification must include everything listed below:
a. The identity of the material that was removed or to which access was disabled, and the location where the material appeared before it was removed or access to it was disabled;
b. Your name, postal address, telephone number, and e-mail address;
c. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address provided is located, or if Your address is outside of the United States, for any judicial district in which jurisdiction may be found, and that You will accept service of process from the person who provided the initial notification of infringement or an agent of such person;
d. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and
e. Sign the paper or affix an electronic or digital signature to the communication, for example, /John Smith/.
Send the counter-notification to Our Copyright Agent at: DCMA Agent, Minnesota Street Project, 1748 Union Street, San Francisco, CA 94123 (phone: 415-243-0825) or e-mail: DCMA_Agent@Minnesotastreetproject.com.
We will provide the person who submitted the notification of claimed infringement with a copy of Your counter-notification, including Your personal information, if Your notification complies substantially with the DCMA. By submitting a counter-notification, You consent to having Your personal information shared in this manner. The counter-notification will only be shared the original claimant and Our agents, successors and assigns (in Our reasonable discretion).
After receipt of the counter-notification, We generally will replace the removed material and restore access to it not less than 10, nor more than 14 business days later, unless Our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material. If We receive notice that an action has been filed, We cannot restore the material.
DISCLAIMER: THE INFORMATION PROVIDED ABOVE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT LEGAL ADVICE. IF YOU REQUIRE LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.
18. Privacy. If We collect any information from You, that information will be used lawfully and in accordance with applicable laws. Information that is collected about You is used by Us to provide the Services to You and to improve said Services.
We will not sell, offer, trade, transfer or submit Your details to any other entity except as required by law, a court order or a government agency. Any personal information which We keep We will use commercially reasonable efforts to keep secure in accordance with Our policies and any legal requirements.
19. Our Right to Amend These Terms. We hereby reserve the right to amend these Agreement Terms at any time and without notice, and You hereby acknowledge, agree and understand that it is Your responsibility to review these Terms for any changes. Your use of Our Website following any amendment of these Terms will signify Your assent to and acceptance of its revised terms.
20. General Provisions. You agree that: (i) Our Website, shall be deemed solely based in California; and (ii) Our Website shall be deemed a passive website that does not give rise to personal jurisdiction over Us, either specific or general, in any jurisdictions other than California. These Terms shall be governed by the substantive laws of the State of California, without respect to conflict of laws principles. Any claim or dispute between you and Us that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms, and Our privacy policy and any other policies and/or any other legal notices We publish on the Website or any other Service shall constitute the entire agreement between you and Us concerning the Service.
THE PARTIES HEREBY EACH WAIVE THEIR RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, OR ARISING OUT OF THIS AGREEMENT.
TO THE EXTENT ALLOWABLE BY LAW, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY OTHER SERVICE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If a court of competent jurisdiction finds a provision of this Agreement to be invalid, the invalidity of that provision shall in no way affect the validity of any other Agreement provision, and all of the other Agreement provisions shall remain in full force and effect.
Even if We waive any Agreement Term, covenant or condition, that waiver shall not be deemed a continuing waiver of that or any other Term, covenant or condition in this Agreement, or deemed a further waiver of such term or any other Agreement Term, covenant or condition. Even if We do not assert a right or provision under these Terms, that failure to assert shall not constitute a waiver of that right or provision.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.