Photo Upload Terms of Service

MinnesotaConnected.com (“Minnesota Connected L.L.C.”) reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Minnesota Connected L.L.C. Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. Minnesota Connected L.L.C. expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the Minnesota Connected L.L.C. Website if Minnesota Connected L.L.C. determines, in its sole discretion, that you have violated this Agreement or pose a threat to Minnesota Connected L.L.C. and/or its Users.
1. Eligibility. By using the Minnesota Connected L.L.C. Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Minnesota Connected L.L.C. Website does not violate any applicable law or regulation.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Minnesota Connected L.L.C. Website. Even after your use of the Minnesota Connected L.L.C. Website is terminated, this Agreement will remain in effect in its entirety.
3. Password. When you sign up to use the website, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Minnesota Connected L.L.C. 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.
4. Use by Users. The Minnesota Connected L.L.C. Website are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Minnesota Connected L.L.C.. Minnesota Connected L.L.C. reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Minnesota Connected L.L.C. Website, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges. Minnesota Connected L.L.C. reserves the right to take appropriate legal action for any illegal or unauthorized use of the Minnesota Connected L.L.C. Website.
5. Proprietary Rights in Content on Minnesota Connected L.L.C..
5.1  Minnesota Connected L.L.C. shall be the sole and exclusive owner of all rights, title and interest in and to any Content you submit, including all copyrights and other intellectual property rights therein. Content shall be defined as including, but not be limited to: text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the Minnesota Connected L.L.C. Website. By displaying or publishing (“posting”) any Content on or through the Minnesota Connected L.L.C. Website, you hereby grant to Minnesota Connected L.L.C. an exclusive, fully paid and royalty-free, worldwide right to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. In furtherance of the foregoing, Contributor shall create all Content(s) as Works(s) made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any Content does not qualify as, or otherwise fails to be, work made for hire, Contributor shall, and hereby does, (a) assign, transfer and otherwise convey to Company, irrevocably and in perpetuity, throughout the universe, all right, title and interest in and to such Work, including all copyrights and other intellectual property rights therein; and (b) irrevocably waive any and all claims Contributor may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to such Work.
5.2  You represent and warrant that: (i) you own the Content posted by you on or through the Minnesota Connected L.L.C. Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Minnesota Connected L.L.C. Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Minnesota Connected L.L.C. Website.
5.3  The Minnesota Connected L.L.C. Website contains Content of Minnesota Connected L.L.C. (“Minnesota Connected L.L.C. Content”). Minnesota Connected L.L.C. Content is protected by copyright, trademark, patent, trade secret and other laws, and Minnesota Connected L.L.C. owns and retains all rights in the Minnesota Connected L.L.C. Content and the Minnesota Connected L.L.C. Website. Minnesota Connected L.L.C. hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Minnesota Connected L.L.C. Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Minnesota Connected L.L.C. Website.
5.4  The Minnesota Connected L.L.C. Website contains Content of Users and other Minnesota Connected L.L.C. licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Minnesota Connected L.L.C. Website.
5.5  Minnesota Connected L.L.C. performs technical functions necessary to offer the Minnesota Connected L.L.C. Website, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Minnesota Connected L.L.C. Website.
5.6  Although the Site and other Minnesota Connected L.L.C. Website are normally available, there will be occasions when the Site or other Minnesota Connected L.L.C. Website will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Minnesota Connected L.L.C.. Also, although Minnesota Connected L.L.C. will normally only delete Content that violates this Agreement, Minnesota Connected L.L.C. reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Minnesota Connected L.L.C. in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Minnesota Connected L.L.C. encourages you to maintain your own backup of your Content. In other words, Minnesota Connected L.L.C. is not a backup service. Minnesota Connected L.L.C. will not be liable to you for any modification, suspension, or discontinuation of the Minnesota Connected L.L.C. Website, or the loss of any Content.
7. Content Posted.
6.1  Minnesota Connected L.L.C. may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Minnesota Connected L.L.C. violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Minnesota Connected L.L.C. assumes no responsibility for monitoring the Minnesota Connected L.L.C. Website for inappropriate Content or conduct. However, Minnesota Connected L.L.C. may choose to monitor any Content at any time, in its sole discretion. If at any time Minnesota Connected L.L.C. chooses to monitor the Minnesota Connected L.L.C. Website, Minnesota Connected L.L.C. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
6.2  You are solely responsible for the Content that you post on or through any of the Minnesota Connected L.L.C. Website, and any material or information that you transmit to other Users and for your interactions with other Users.
8. Content/Activity Prohibited. You must use the Minnesota Connected L.L.C. Website in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Minnesota Connected L.L.C. Website. Minnesota Connected L.L.C. reserves the right to investigate and take appropriate legal action against anyone who, in Minnesota Connected L.L.C.’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Minnesota Connected L.L.C. Website and terminating the Membership of such violators.
9. Prohibited Content. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Minnesota Connected L.L.C.:
8.1  is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2  harasses or advocates harassment of another person;
8.3  exploits people in a sexual or violent manner;
8.4  contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5  solicits personal information from anyone under 18;
8.6  publicly posts information that poses or creates a privacy or security risk to any person;
8.7  constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8  constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
8.9  involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11  furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13  involves commercial activities and/or sales without prior written consent from Minnesota Connected L.L.C. such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14  includes a photograph or video of another person that you have posted without that person’s consent; or
8.15  violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the Minnesota Connected L.L.C. Website. Minnesota Connected L.L.C. reserves the right to investigate and take appropriate legal action against anyone who, in Minnesota Connected L.L.C.’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.16  advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Minnesota Connected L.L.C. Website. You may not transmit any chain letters or junk email to other Users.
8.17  circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Minnesota Connected L.L.C. Website
8.18  Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Minnesota Connected L.L.C. Website to send altered, deceptive, or false source-identifying information;
8.19  activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.20  interfering with the access of any User, host or network to the Site;
8.21  any automated use of the system, such as, but not limited to, using scripts to send images or videos;
8.22  interfering with, disrupting, or creating an undue burden on the Minnesota Connected L.L.C. Website or the networks or services connected to the Minnesota Connected L.L.C. Website;
8.23  impersonating or attempting to impersonate another User, person or entity;
8.24  using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.25  using any information obtained from the Minnesota Connected L.L.C. Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.26  displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Minnesota Connected L.L.C. Website on behalf of that person or
8.27  deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
8.28  using any meta tags or other hidden text or metadata utilizing a Minnesota Connected L.L.C. name, trademark, URL or product name without Minnesota Connected L.L.C.’s express written consent;
8.29  attempting to probe, scan or test the vulnerability of any Minnesota Connected L.L.C. Service or breach any security or authentication measures;
8.30  collecting or storing personal data about other users without their express permission;
8.31  impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or
8.32  using the Minnesota Connected L.L.C. Website in a manner inconsistent with any and all applicable laws and regulations.
10. Member Disputes. You are solely responsible for your interactions with other Members. Minnesota Connected L.L.C. reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
11. Disclaimers. Minnesota Connected L.L.C. is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Minnesota Connected L.L.C. Website, whether caused by Users of the Minnesota Connected L.L.C. Website or by any of the equipment or programming associated with or utilized in the Minnesota Connected L.L.C. Website and such Content does not necessarily reflect the opinions or policies of Minnesota Connected L.L.C.. Minnesota Connected L.L.C. takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Minnesota Connected L.L.C. Website, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Minnesota Connected L.L.C. is not responsible for the conduct, whether online or offline, of any User of the Minnesota Connected L.L.C. Website. Minnesota Connected L.L.C. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Minnesota Connected L.L.C. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Minnesota Connected L.L.C. Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Minnesota Connected L.L.C. Website. Under no circumstances shall Minnesota Connected L.L.C. be responsible for any loss or damage, including personal injury or death, resulting from use of the Minnesota Connected L.L.C. Website, from any Content posted on or through the Minnesota Connected L.L.C. Website, or from the conduct of any Users of the Minnesota Connected L.L.C. Website, whether online or offline. The Minnesota Connected L.L.C. Website is provided “AS-IS” and as available and Minnesota Connected L.L.C. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Minnesota Connected L.L.C. cannot guarantee and does not promise any specific results from use of the Minnesota Connected L.L.C. Website.
12. Limitation on Liability. IN NO EVENT SHALL MINNESOTA CONNECTED L.L.C. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MINNESOTA CONNECTED L.L.C. WEBSITE, EVEN IF MINNESOTA CONNECTED L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MINNESOTA CONNECTED L.L.C.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MINNESOTA CONNECTED L.L.C. FOR THE MINNESOTA CONNECTED L.L.C. WEBSITE DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the Minnesota Connected L.L.C. Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Minnesota Connected L.L.C. Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to its conflict of law provisions. You and Minnesota Connected L.L.C. agree to submit to the exclusive jurisdiction of the courts located within the State of Minnesota to resolve any dispute arising out of the Agreement or the Minnesota Connected L.L.C. Website. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity. You agree to indemnify and hold Minnesota Connected L.L.C., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Minnesota Connected L.L.C. Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Minnesota Connected L.L.C. Website causes Minnesota Connected L.L.C. to be liable to another.
16. Protecting Copyrights and Other Intellectual Property. Minnesota Connected L.L.C. respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Minnesota Connected L.L.C. has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Minnesota Connected L.L.C. Website in a way that constitutes copyright infringement, please notify us immediately.
17. Other. This Agreement is accepted upon your use of the Site or any of the Minnesota Connected L.L.C. Website and is further affirmed by your submission of information, photos, or the like. This Agreement constitutes the entire agreement between you and Minnesota Connected L.L.C. regarding the use of the Minnesota Connected L.L.C. Website. The failure of Minnesota Connected L.L.C. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.