The Mid-South Sculpture Alliance's website - www.midsouthsculpture.org - is provided to you under these terms and conditions ("Terms and Conditions"). The MSA may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing or using the website, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any ammendments). You are encouraged to visit this page from time to time to review the current Terms and Conditions.
Copyright and Trademark
The text, images, data and other content on the website ("materials") are protected by copyright and may be covered by other restrictions as well. The MSA, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on the website. The website, and the materials contained therein, may be used only as set forth in these Terms and Conditions or by obtaining explicit written permission from the MSA and/or the relevent copyright or other rights holder. An unauthorized use or modification of the materials on the website may violate copyright laws, trademark laws, the laws of privacy and publicity, contract and communications regulations and statutes and any other applicable laws. The MSA expressly reserves all rights and remedies available under said law, regulations and statues.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the website for public or commercial purposes, or for personal gain, without the express prior written permission of the MSA.
You may use this website for limited non-commercial, educational, and personal use only, or for "fair use" as authorized in the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the mateials and cite the author and source of the materials. The MSA neither warrants nor represents that your use of any materials displayed on the website will not infringe its rights or the rights of third parties not owned or affiliated with the MSA. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.
Anyone wishing to use the materials from this website for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of the MSA or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For all inquiries regarding permissions, please contact us at www.midsouthsculpture.org.
The institutional names, exhibitions names, and other trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the website, including "Mid-South Sculpture Alliance" are variations thereof, are registered Trademarks of the MSA. The Trademarks of third parties may also be displayed on this wevsite. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the website without prior written permission of the MSA or such third party that may own the Trademarks displayed on the website. Any unauthorized use or any other materials is strictly prohibited.
Accuracy of Information
The MSA will use reasonable efforts to include accurate and up-to-date information, but makes no warranties or representations as to its accuracy or completeness. The MSA shall not be liable for damages of any kind arising out of your access or inability to access the website or your reliance on the information posted on the website.
Hyperlinks
The MSA has not reviewed all of the sites linked to or from the website and has no control over and is not responsible for the content or privacy policies of any offsite pages or other sites linked to or from the website. Any sites linked to or from the website (regardless of whether they are affiliated with the MSA) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third party sites is at your own risk.
Privacy
The MSA takes care to respect the privacy of its online visitors. Information that can identify any online visitoris collected at the website only when voluntarily offered by the visitor. The website may collect non personal information from online visitors in order to tract the total number of visitors to the site in aggregate form and identify the type of internet browser and operating system. This information allows us to continually improve our site. Information that can identify a visitor, such as a name or address, is not collected in this process, nor does the MSA require disclosure of such information before allowing the user access to any nonmember portion of its webite.
Commercial Transactions
With the exception of transactions involving membership , the MSA website - www.midsouthsculpture.org - is not intended to be a site dedicated to effecting commercial transactions. Through Sculptor's Page, our website provides a searchable online directory offering MSA sculptor members an opportunity to post examples of their work that may be viewed by a worldwide audience. The MSA is not ivolved in any transactions between members, or between members and non-members, whether orginating as a result of a posting on Scultor's Page or otherwise. As a result, the MSA has no control over any such transactions. Any transactions conducted between MSA members and non-members, whether originating as a result of posting on Sculptor's Page or otherwise are being undertaken by the transacrting party at their own risk and without involvement, representation or warranty of the MSA.
Although the MSA tries to verify the accuracy of the information provided by our members, user verification on the Iternet is duffucult. Thus, the MSA cannot and does not confirm the purported identity of each user of our website and users of our website transacting business with other users of our website should be cautious to evaluate the identity of the other and do so at their own risk without involvement, representation or warranty of the MSA.
Because we are a venue, in the event that you have a dispute with one or more users, you release the MSA (and all officers, directors, agents, subsidaries, joint ventures and future employees) from claims, demands and damages (actural and consequential) of every kind and nature, known, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The MSA does not control the information provided by our members that is made available through Sculptor's Page. You may find such information to be offensive, harmful, inaccurate or deceptive. By using our wevsite, you agree to accept such risk and agree that the MSA is not responsible for the acts or omissions of users of the website.
Disclaimer of Warranties
The MSA assumes no liability for any errors or omissions in the content of the website. The MSA is engaged in an ongoing process of updating and revising the materials on its wevsite. The MSA further reserves the right to withdraw any images, text or data from the website at its sole discretion at any time. The MSA assumes no liability for any damages or losses that may accur to you or any third party based on its actions. In the event that the website is unavailable, either on a temporary or permanent basis, the MSA assumes no liability for any losses that may accur to you or any third party arising out of the unavailability of the website.
All materials on the website are provided "AS IS" and "AS AVAILABLE'' WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRENTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER POPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
The MSA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the website or your downloading of any materials from the website.
Limitation of Liability
THE MSA, DIRECTORS, OFFICERS AND FUTURE EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THR USE OF THIS WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Compliance with Laws; Indemnification
You agree to indemnify and hold the MSA an its directors, officers and future employees and other agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arrising out of your breach of these Terms and Conditions, any documents referenced or incorporated herein by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances an regulations.
Postings and Submissions
From time to time, MSA members and non-members may have an opportunity to post information, images or other materials to the website. You agree that you will comply with all requirements and procedures for posting on the website, including any applicable web policies that the MSA may provide. The MSA does not endourse any opinions or recommendations posted or transmitted by you to others. Any materials posted or transmitted on the website are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, libelous, defamaotory, obscene, pornographic material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. The MSA shall have the right,
but not the obligation, to remove, refuse or delete any content for any reason whatsoever.
The MSA is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, or other simular materials on the website and assumes no responsibility or liability arising from such content of materials or for any error, defamation, libel, slander, omission, falsehood,obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the website.
Any communications or material you transmit to the website and/or to the MSA by electronic mail or otherwise, including but not limited to data, questions, comments or suggestions will be treated as nonconfidential and non-proprietary. Anything that you transmit or post may be used by the MSA for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Futhemore, the MSA is free to use any ideas, concepts, know-hows or techniques contained in any communication you send to the website and/or domain for any prupose whatsoever including, but not limited to, development, manufaturing and marketing such products using such information. You also acknwledge and agree that the MSA will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provisions of these Terms and Comditions is found by a court of competent jurisdiciton to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
The MSA's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the MSA.
Choice of Law; Jurisdiction; Venue
The Terms and Conditions are governed by the laws of the State of Tennessee without regard to its conflict of laws rules. Each party hereby consents to exclusive jurisdiction and venue of the state and federal courts located in Hamilton County, Tennessee.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the MSA and you and govern your use of the website, and you agree and acknowledge that any other agreements between you and the MSA are superceded and of no force or effect.
