Terms of Use


1.    Acceptance

By visiting or using this website, www.wyomingcreativearts.org, owned by Wyoming Area Creative Arts Community, including all content and functionality available through the wyomingcreativearts.org domain (collectively, the "Site" or "Wyoming Area Creative Arts Community", "we", or "us", as appropriate), you agree to be bound by the following Terms of Use and to our Privacy Policy, found HERE, which is incorporated by reference into the Terms of Use (the "Terms"). By your acceptance of the Terms, each time you use the Site, you consent to Wyoming Area Creative Arts Community's collection, use and disclosure of your information or registration data in accordance with our Privacy Policy. You also agree to follow any future Guidelines that we may issue. These Guidelines are published on Wyoming Area Creative Arts Community website and incorporated into the Terms by reference. References to the "Terms" include the Privacy Policy and any applicable Community Guidelines that are issued now or in the future. The Terms apply to all visitors and users of the Site, including users who contribute content or information and subscribers to other services on the Site. The Terms also apply to individuals or entities on whose behalf a user accesses the Site. If you do not agree to the Terms, do not use the Site.


We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.


2.    User Content; Photo Galleries and Other Public Areas

Wyoming Area Creative Arts Community includes information, images, photos, commentary, content, opinions and material that our users upload ("User Content"). You agree to upload and post only User Content that you have created yourself. Wyoming Area Creative Arts Community is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.


You are responsible for your own User Content, whether posted in the chat rooms, forums, photo galleries or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your user rights.


User Content may include nude photos or other images or material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether User Content containing nudity is acceptable. Our decision is final even if an individual user disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion and convenience. When removing images that are contained in User Content, we may remove only the images to which we object, all the images in a folder, or all the images in the User's portfolio, at our convenience and discretion.


User Content may be, and often is, edited. Our editors and moderators, most of whom are volunteers, strive to highlight User Content that we determine to be most interesting or useful to our user community. We reserve the right to edit, redact or delete any User Content that you upload to the Site, at our sole discretion. Wyoming Area Creative Arts Community also contains material from experts, organizations and advertisers ("Third Party Content"). Wyoming Area Creative Arts Community is not responsible for the accuracy, reliability or usefulness of Third Party Content.


3.    Intellectual Property Rights

Wyoming Area Creative Arts Community owns all rights to the Site, its services, the technology, information, documents, files, webpages and other product developed in connection with the Site or available on the Site. Submitting User Content to any area of the Site does NOT transfer ownership rights. You retain the ownership rights to your User Content. By submitting User Content, however, you give certain limited rights to both Wyoming Area Creative Arts Community and other Wyoming Area Creative Arts Community users.


You grant Wyoming Area Creative Arts Community the right to edit, modify, quote, or reformat your User Content on the Site. You also grant us a perpetual non-exclusive worldwide royalty-free license to use, reproduce, adapt, publicly perform and publicly display your User Content on the Site and to promote the Site.


Other than User Content or Third Party Content, we, and/or our software suppliers, own or license all text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software and such content is protected by U.S. and international copyright and other intellectual property rights.

Wyoming Area Creative Arts Community's selection, coordination and arrangement of content on the Site are the exclusive property of Wyoming Area Creative Arts Community, and are protected as a compilation by U.S. and international copyright laws. All software used on the Site or in conjunction with its operation is the property of Wyoming Area Creative Arts Community and/or its software suppliers and is protected by U.S. and international copyright laws.


4.    Conduct of Users

Your right to access and use the Site is subject to the following prohibitions:


You may not use the Site to advertise products or services, to solicit users to buy or sell products or services, or to make donations of any kind, without first obtaining the express written approval of Wyoming Area Creative Arts Community. The only exception to this rule is that private parties may use the classified section to sell personal property.


You may not reproduce or distribute, or cause to be reproduced or distributed, any image or material that you retrieve from the Site, without the express prior permission of both Wyoming Area Creative Arts Community and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the ordinary course of viewing or commenting on others' User Content using a web browser in accordance with Wyoming Area Creative Arts Community's guidelines and the Terms.


You may not use the Site to violate anyone's copyright, trademark, intellectual property rights, or privacy rights. The User Content that you submit must be your work in its entirety.


You may not use or launch any automated system, including "robots," "spiders," or "offline readers," that access the Site in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.


From time to time, you may have access to other users' email addresses. You may not gather these email addresses for purposes of spamming or for any purpose other than personal communication. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.


You may not post obscene, pornographic, degrading, harassing or humiliating User Content on the Site. Please refer to our Community Guidelines for further explanation of what is acceptable in this regard. You may not post or transmit any false, defamatory, abusive, threatening or illegal User Content or User Content that infringes on the rights of others or the ability of others to enjoy the Site. We have the right to determine, in our sole discretion, whether User Content violates these restrictions or is otherwise unfit for the Site. We have the sole right to delete, modify or edit any such User Content that you upload to the Site.


Failure to abide by these restrictions may result in sanctions including termination of your user privileges on Wyoming Area Creative Arts Community and cancellation of your account, as well as legal sanctions, if applicable.


5.    User Accounts; Security

As a User, you must create an account to access certain features of the Site. You are responsible for making sure that your account is accurate and up-to-date, particularly if you change email providers. If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your Wyoming Area Creative Arts Community account. You are also responsible for maintaining the confidentiality of your password and account. You are responsible for all activities that occur on your account, whether or not you authorize them You acknowledge that we rely on your email address to keep you apprised of certain information on the Site. If we attempt to contact you and find that your email address is inoperable, your Wyoming Area Creative Arts Community account may be suspended. You are responsible for keeping your email address accurate and up-to-date.


You agree to manage your account in a safe and reasonable manner. You agree to notify Wyoming Area Creative Arts Community immediately of any unauthorized use of your password or account, or any other breach of security. You expressly agree that Wyoming Area Creative Arts Community will not be liable for any loss or damage arising from your failure to comply with these requirements.


We use all reasonable security measures to protect the loss, misuse and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing the Site.


6.    Third Party Websites

The Site contains links to third party websites that we do not own or control, including sites that may appear within User Content. Wyoming Area Creative Arts Community does not review or edit the content of any third party links, and Wyoming Area Creative Arts Community has no control over what happens at any third party website. Wyoming Area Creative Arts Community assumes no responsibility for the content, policies or practices of any third party websites. You expressly agree to release Wyoming Area Creative Arts Community from any liability that arises from your use of a third party website.


7.    Subscriptions and Paid Services

Certain of our services are available for a fee to subscribers. We use a third party payment processor to process your financial information through a link on the Site. Our subscription program may be altered, revised or modified at any time, with or without notice. If we change a subscription program, we will endeavor to provide subscribers with comparable services for the duration of their subscription period. If your subscription is terminated by you or us for any reason, you will not receive a refund of any subscription fees.


8.    Legal Age; Ability to Accept Terms

The Wyoming Area Creative Arts Community website is not intended for children under the age of 18. By using the Site, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 18, please do not post User Content or otherwise use this Site.


9.    Notices

From time to time, Wyoming Area Creative Arts Community uses its users' email addresses to send the email notices about matters relating to the Site. Users are responsible to keep email addresses current. Wyoming Area Creative Arts Community shall not be responsible for any failure of notice due to an out-of-date email address.


10.    Account Termination

Wyoming Area Creative Arts Community reserves the right to terminate your account or your access to and use of Wyoming Area Creative Arts Community's services at any time, at Wyoming Area Creative Arts Community's sole discretion for any reason, with or without cause. If you violate these Terms, Wyoming Area Creative Arts Community, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.


11.    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY WYOMING AREA CREATIVE ARTS COMMUNITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WYOMING AREA CREATIVE ARTS COMMUNITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WYOMING AREA CREATIVE ARTS COMMUNITY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, WYOMING AREA CREATIVE ARTS COMMUNITY AND WYOMING AREA CREATIVE ARTS COMMUNITY DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WYOMING AREA CREATIVE ARTS COMMUNITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


UNDER NO CIRCUMSTANCES SHALL WYOMING AREA CREATIVE ARTS COMMUNITY BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE WYOMING AREA CREATIVE ARTS COMMUNITY WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WYOMING AREA CREATIVE ARTS COMMUNITY WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WYOMING AREA CREATIVE ARTS COMMUNITY WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WYOMING AREA CREATIVE ARTS COMMUNITY WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WYOMING AREA CREATIVE ARTS COMMUNITY CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WYOMING AREA CREATIVE ARTS COMMUNITY OR THROUGH OR FROM THE WYOMING AREA CREATIVE ARTS COMMUNITY WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.


THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


12.    Indemnity

You agree to indemnify and hold Wyoming Area Creative Arts Community and Wyoming Area Creative Arts Community, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any User Content you post on the Site.


13.    Reservation of Rights

You may access Wyoming Area Creative Arts Community content, including user content, only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.


14.    Gift Shoppe Purchases

All Purchases made through the Wyoming Area Creative Arts Community (WACAC) website gift shop is an agreement between the customer and the artist.  The artist is responsible for shipping the item purchased.  The Wyoming Area Creative Arts Community is NOT RESPONSIBLE for failure of shipment or the condition the merchandise upon receipt by the customer.

Purchase Conditions

When buying an item, you agree to that You are responsible for reading the full item listing before making a commitment to buy and that You are entering into a legally binding contract to purchase from the artist.

We do not transfer legal ownership of items from the seller to the buyer.

Authorization to Contact You

You agree to receive calls and/or emails:

To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law.

To contact you for marketing, promotional, fundraising or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out on these communications with the Unsubscribe link at the bottom of received emails.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.

Release

If you have a dispute with one or more of our members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Wyoming Area Creative Arts Community website or your breach of any law or the rights of a third party.

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15.    General

The Terms and this Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site. Name Media may also assign any rights and licenses granted in the Terms without restriction. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wyoming Area Creative Arts Community services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between the Terms and any information included in off-line materials, the Terms shall take precedence. Any claim or dispute with Wyoming Area Creative Arts Community arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the State of Minnesota. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with the Site or Wyoming Area Creative Arts Community, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or Wyoming Area Creative Arts Community is permanently barred.


©2013 Wyoming Area Creative Arts Community and contributors. Contributed content used with permission.