MnSCU E-Folio Terms of Use Agreement
MnSCU E-Folio includes various Web sites, Web pages and software operated by MnSCU , 30 East Seventh Street, Suite 500, St. Paul, MN 55101, or its affiliates (collectively, the "MnSCU E-Folio"). This Terms of Use Agreement applies to the E-folio system and all user content loaded into the E-Folio system. MnSCU E-Folio is offered to you conditioned on your acceptance without modification of the terms and conditions contained in this document. Your use of the MnSCU E-Folio constitutes your agreement to all such terms and conditions. Your use of a particular E-Folio site included within the MnSCU E-Folio system may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). Affiliate organizations may themselves require additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.
ACCOUNT REGISTRATION AND PASSWORD
If any product or service offered by MnSCU or an affiliate ("MNSCU E-FOLIO Site/Service") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You must then choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify MnSCU immediately of any unauthorized use of your account or any other breach of security. MnSCU will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by MnSCU or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
ONLY PERSONAL, NON-COMMERCIAL USE ALLOWED
Unless otherwise specified, the MNSCU E-FOLIO Sites/Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MNSCU E-FOLIO Sites/Services. Without the advance express written permission of MnSCU, you may not ‘meta-search’ the MNSCU E-FOLIO Sites/Services, send, or cause to be sent, any automated queries of any sort to the MNSCU E-FOLIO Sites/Services, or use the MNSCU E-FOLIO Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any MNSCU E-FOLIO Sites to determine how a site "ranks" among MNSCU E-FOLIO Sites.
ELIGIBLE USERS
MNSCU E-FOLIO may be used only by “Eligible Users”. “Eligible Users” include only the following persons: Minnesota residents, individuals enrolled at a Minnesota educational institution, and non-resident employees of a Minnesota political subdivision. Use of E-FOLIO by any non-eligible user is subject to immediate termination without notice and without recourse.
UNLAWFUL OR PROHIBITED USES
As a condition of your use of the MNSCU E-FOLIO Sites/Services, you will not use the MNSCU E-FOLIO Sites/Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the MNSCU E-FOLIO Sites/Services in any manner that could damage, disable, overburden, or impair any MNSCU E-FOLIO Site/Service(s) (or the network(s) connected to any MNSCU E-FOLIO Site/Service(s)) or interfere with any other party's use and enjoyment of any MNSCU E-FOLIO Site/Service(s). You may not attempt to gain unauthorized access to any MNSCU E-FOLIO Site/Service, other accounts, computer systems or networks connected to any MNSCU E-FOLIO Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MNSCU E-FOLIO Sites/Services.
Additional prohibited uses include, but are not limited to, those in the list below. For example, you may not:
MnSCU has no obligation to monitor the E-Folio Services. However, MnSCU reserves the right to review materials posted to an E-Folio Site, to investigate possible violations of this agreement, and to remove any materials in its sole discretion. MnSCU will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. MnSCU reserves the right to terminate your access to any or all of the E-Folio Services at any time, without notice, for any reason whatsoever. MnSCU reserves the right at all times to disclose any information as MnSCU deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MnSCU's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any E-Folio Service. MnSCU does not control or endorse the content, messages or information found in any E-Folio Service and, therefore, MnSCU specifically disclaims any liability with regard to the E-Folio Services and any actions resulting from your participation in any E-Folio Service.
MATERIALS PROVIDED TO MNSCU OR POSTED AT ANY MNSCU E-FOLIO
MnSCU does not claim ownership of the materials you provide to MnSCU (including feedback and suggestions) or post, upload, input or submit to any MNSCU E-FOLIO Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting MnSCU, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all MNSCU E-FOLIO Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a MNSCU E-FOLIO Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. MnSCU is under no obligation to post or use any Submission you may provide and MnSCU may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Materials uploaded to a E-Folio Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
LINKS TO THIRD PARTY SITES
The MNSCU E-FOLIO Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of MnSCU and MnSCU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MnSCU is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MnSCU responsible if the Linked Site is not working appropriately. MnSCU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MnSCU of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
SOFTWARE LICENSE
All content and software (if any) that is made available to view and/or download in connection with the MNSCU E-FOLIO Sites/Services, excluding content and/or software that may be made available by end-users through a E-Folio Service, ("Software") is owned by and is the copyrighted work of MnSCU and/or its suppliers and is protected by copyright laws and international treaty provisions. MnSCU hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular MNSCU E-FOLIO Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MNSCU E-FOLIO SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MNSCU E-FOLIO SITES/SERVICES AND TO THE INFORMATION THEREIN. MNSCU AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MNSCU E-FOLIO SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MNSCU E-FOLIO SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MNSCU AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MNSCU E-FOLIO SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MNSCU AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MNSCU SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MNSCU E-FOLIO SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MNSCU IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MNSCU IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MNSCU E-FOLIO SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MNSCU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MNSCU E-FOLIO SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MNSCU E-FOLIO SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MNSCU E-FOLIO SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MNSCU E-FOLIO SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MNSCU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MNSCU E-FOLIO SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MNSCU E-FOLIO SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that MnSCU may establish limits concerning use of any MNSCU E-FOLIO Service offered on an MnSCU E-Folio, including without limitation the maximum size of an E-Folio site, the maximum number and size of e-mail messages that may be sent from or received by an account on any MNSCU E-FOLIO Service, the maximum disk space that will be allotted on MnSCU's servers on your behalf, and the maximum number of times and duration you may access any MNSCU E-FOLIO Service in a given period of time.
You agree that MnSCU has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any MNSCU E-FOLIO Service. You acknowledge that MnSCU reserves the right to log off accounts that are inactive for an extended period of time.
MNSCU MAKES NO WARRANTY THAT ANY MNSCU E-FOLIO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
MnSCU reserves the right, in its sole discretion, to terminate your access to any or all MNSCU E-FOLIO Sites/Services and the related services or any portion thereof at any time, without notice.
MnSCU may also terminate or suspend your access to MNSCU E-FOLIO Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MnSCU. The amount of time that MnSCU currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the MNSCU E-FOLIO Site/Service, your right to use the MNSCU E-FOLIO Site/Service immediately ceases.
GENERAL TERMS
This agreement is governed by the laws of the State of Minnesota, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ramsey County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the MNSCU E-FOLIO Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MnSCU as a result of this agreement or use of the MNSCU E-FOLIO Sites/Services. You agree to indemnify and hold MnSCU, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MNSCU E-FOLIO Sites/Services. MnSCU reserves the right to disclose any personal information about you or your use of the MNSCU E-FOLIO Sites/Services, including its contents, without your prior permission if MnSCU has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MnSCU or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MnSCU's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MnSCU's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MNSCU E-FOLIO Sites/Services or information provided to or gathered by MnSCU with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effec t. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MnSCU with respect to the MNSCU E-FOLIO Sites/Services and it supersedes all prior or contemporaneous E-Folios and proposals, whether electronic, oral or written, between the user and MnSCU with respect to the MNSCU E-FOLIO Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In the event that any of the terms and conditions contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MnSCU E-Folio, then these terms shall control.
ADDITIONAL TERMS
MNSCU E-FOLIO reserves the right to use numeric codes, global unique identifiers (guids), cookies or other technologies in order to identify specific computers that access the Zone. This information may be monitored to develop aggregate and anonymous statistics regarding computer use on the Zone that may be used for MNSCU E-FOLIO operations or by third parties. Computer identification technology may also be used to enforce the MNSCU E-FOLIO Terms of Use. .
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify MnSCU immediately of any unauthorized use of your password or account or any other breach of security. MnSCU will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
Individual Subscriptions. Some contents and/or services on MnSCU E-Folio may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to MnSCU a subscription purchase request, you warrant that you are at least 18 years of age, that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. If you purchase a subscription through MnSCU, you may cancel your subscription to any fee-based content and/or services at any time within 30 days following the date of purchase by contacting Customer Support to receive a full refund. You are not entitled to any refund if you cancel after the initial 30 day period. If you purchase a subscription from a source other than MnSCU, other cancellation and refund terms may apply. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
Institutional Subscriptions. MnSCU E-Folio is also available to schools, libraries and other organizations, conditioned on the execution of a subscription agreement and acceptance of any associated terms of the subscription agreement ("Institutional Subscribers"). In addition, subject to execution of a subscription agreement and payment of any associated fees, MnSCU grants such Institutional Subscribers the non-assignable, terminable, non-exclusive right to access and use, and the right to authorize Institutional Subscriber's Authorized Users to access and use subscription-based content/services in accordance with the terms and conditions set forth herein. For purposes of this Agreement, "Authorized Users" may include students, teachers, faculty members, librarians, library patrons and/or other employees or users of an Institutional Subscriber, whether resident or non-resident of Minnesota, for whom the Institutional Subscriber may have paid a fee to permit use of MnSCU E-Folio. Institutional Subscriber shall use reasonable care to prevent unauthorized use of subscription-based content/services, and shall be solely responsible for all access to and use of the subscription-based content/services, whether or not Institutional Subscriber has knowledge of or authorizes such access and use. MnSCU retains the right to audit Institutional Subscriber monthly for unauthorized uses of and/or access to the subscription-based content/services. Institutional Subscriber shall promptly notify MnSCU of any infringements of copyrights on the subscription-based content/services or any unauthorized use of the subscription-based content/services of which they become aware. Institutional Subscriber shall cooperate with MnSCU in any investigation of such infringements or unauthorized uses. MnSCU shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses; provided that MnSCU will not bring an action against any Authoriz ed User without first consulting with Institutional Subscriber. Institutional Subscriber shall cooperate with MnSCU in any such action, in such manner as MnSCU may reasonably request and at MnSCU's expense. In the event of any infringement or unauthorized use by an Authorized User, Institutional Subscriber shall take all reasonable steps to cause such Authorized User to cease such activity and to prevent any recurrence thereof. MnSCU reserves the right to immediately terminate this Agreement and/or access to MnSCU E-Folio by Institutional Subscriber or by Authorized User(s) for violation of the terms and conditions of this Agreement.
Fees;
Payment
MnSCU reserves the right to charge fees for certain uses, as well as transaction
fees based on certain completed transactions using the Services. MnSCU further
reserves the right to alter any and all fees from time to time, without notice.
You shall be completely responsible for all charges, fees, duties, taxes, and
assessments arising out of the use of the Services. You hereby agree to release
MnSCU, its suppliers, service partners, agents, employees, consultants, officers
and directors from all claims, demands and damages, whether actual or
consequential, of every kind, whether known or unknown, disclosed or
undisclosed, arising out of or relating to any and all listings, transactions,
or any other use of MNSCU E-FOLIO .
Photos
In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the MNSCU E-FOLIO Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the MnSCU E-Folio, other than a private community), and/or (c) to any person with whom whom you share Pictures through e-mail using the MNSCU E-FOLIO Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any MNSCU E-FOLIO Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such MNSCU E-FOLIO Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the MnSCU E-Folio, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."
MODIFICATION OF THESE TERMS OF USE
MnSCU reserves the right to change the terms, conditions, and notices under which the MNSCU E-FOLIO Sites/Services are offered, including but not limited to the charges associated with the use of the MNSCU E-FOLIO Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the MNSCU E-FOLIO Sites/Services constitutes your agreement to all such terms, conditions, and notices.