TERMS AND CONDITIONS OF USE

1. Acceptance of Terms

The Maricopa Partnership for Arts and Culture (“MPAC”) provides a collection of online resources, including forums and various email services, ("the Service") at its website www.mpacarts.org (the “Site”) subject to the following Terms and Conditions of Use ("Terms"), which may be updated by MPAC from time to time by updating this posting.  You can review the most current version of the Terms at: www.mpacarts.org.  You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. 

By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using a specific Service, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site or Service in any way, your only recourse is to immediately discontinue use of the Service.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. Users are strictly prohibited from uploading any image in violation of any domestic or international copyright law. By uploading, or otherwise emailing, an image to the MPAC for posting on the Site, user represents that the material does not infringe any proprietary or intellectual property rights of any third party.

In order to ensure the success of the Service, moderators will have privileges to edit/delete posts, close threads, and block users from using the Service.  Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of MPAC. MPAC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MPAC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service or on the Site. You acknowledge that MPAC does not pre-screen or approve Content, but that MPAC shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service or on the Site for any reason.

3. Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MPAC's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at info@mpacarts.org
Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

MPAC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

4. Privacy and Information Disclosure

MPAC has established a Privacy Policy to explain to users how their information is collected and used.  Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.  This policy may be updated by MPAC from time to time.

Protecting your privacy

• We don't run banner ads, pop ups, pop unders, or any other kind of commercial ads.
• We don't share your information with third parties for marketing purposes.
• We don't engage in cross-marketing or link-referral programs with other sites.
• We don't employ tracking devices for marketing purposes ("cookies", "web beacons," single-pixel gifs).
• We don't send you unsolicited communications for marketing purposes.
• Account information is password-protected. Keep your password safe.
• Forums use basic webserver authentication. Close your browser to log out.
• MPAC, or people who post on the Site, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.

Data we collect

• We collect personally-identifiable information about you (your name, address, telephone number, email address or preferences) when you provide it to us on the Site.  We will handle such information in accordance with this Privacy Policy.
• We sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.
• We may collect personal information if you provide it in feedback or comments, post it on interactive forums, or if you contact us directly. Please do not post any personal information on the Site’s forums that you expect to keep private.
• Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the Site, and to otherwise provide our service to you.

Archiving and display of MPAC postings by search engines and other sites

Search engines and other sites not affiliated with MPAC - including archive.org , google.com , and groups.yahoo.com - archive or otherwise make available postings on the Site.

Circumstances in which MPAC may release information

• MPAC may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
• MPAC may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of MPAC, its users or the general public.
• Third Party Advertising and Content

MPAC provides numerous links to websites for arts organizations, performance venues, and ticket sellers, among others. If you choose to use the services provided by one of the linked sites, you may be asked by that site to provide certain personal information. Some of this information may, on an individual or aggregated basis, be shared with us. Any personal information will be kept under our privacy policy. Please be aware that MPAC is not responsible for the privacy practices or the content of other websites, even if our name or logo appears on those sites. We encourage you to be aware of when you leave the Site and to read the privacy policy statements of each and every website you visit, especially before submitting private information, as the privacy policy of those sites may differ substantially from our own. Our Privacy Policy applies solely to information obtained by your use of the Site.

• United States Resident

This policy is intended for and directed to residents of the United States and all advertising and claims contained in our materials and Site are valid only in the United States.

• Children’s Privacy

The Site is directed to the general public.  We do not knowingly collect information from children under 13.

• Whom To Contact

If you have submitted personally identifiable information through the Site or otherwise and would like that information deleted from our records, or you would like to limit our use of such information, please contact us at info@mpacarts.org.  We will use commercially reasonable efforts to delete this information from our existing files.

5. Conduct

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
• that includes profane or inflammatory language;
• that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but not limited to, a MPAC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures);
• that includes personal or identifying information about another person without that person's explicit consent;
• that is false, deceptive, misleading, deceitful, or misinformative;
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Site that is not designated for such purposes; or (2) emailed to Site users who have requested not to be contacted about other services, products or commercial interests.
• that includes links to commercial services or web sites, except as allowed;
• that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
• 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;
• that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Service; or
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by MPAC;
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
• attempt to gain unauthorized access to MPAC's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site.

6. Limitations on service

You acknowledge that MPAC may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MPAC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MPAC reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MPAC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Access to the Service

MPAC grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to copy, redistribute, retransmit, or modify it, or any portion of the Site, or any Content made available via the Site (except for your own Content), without the express written consent of MPAC, EXCEPT; you may download one copy of the material on one computer for the purposes of personal, non-commercial viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MPAC.
MPAC permits you to display on your website, or create a hyperlink on your website to, individual postings on the Site so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by MPAC to do so. You may also create a hyperlink to the home page of the Site so long as the link does not portray MPAC, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
MPAC also permits
MPAC offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. MPAC permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Site and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'MPAC' as the source, (d) your use or display does not suggest that MPAC promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden MPAC's systems. MPAC reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by MPAC immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Site for other purposes (including commercial purposes) not stated herein, you must first obtain a prior, written license from MPAC.

8. Termination of service

You agree that MPAC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if MPAC believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MPAC shall not be liable to you or any third-party for any termination of your access to the Site or Service.  Further, you agree not to attempt to use the Site or Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

9. Dealings with organizations and individuals

If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that MPAC is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release MPAC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

10. Proprietary rights

The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MPAC. You further agree not to reproduce, duplicate or copy Content from the Site without the express written consent of MPAC, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.
Although MPAC does not claim ownership of content that its users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to MPAC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you automatically grant MPAC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.

11. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MPAC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MPAC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MPAC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL MPAC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MPAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13. Indemnity

You agree to indemnify and hold MPAC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Site or Service, your use of the Site or Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.