Miami Arts & Humanities Foundation, Inc. dba Miami Museum of Contemporary Art of the African Diaspora

Terms of Use

These terms of use ("Terms") are by and between Miami Arts & Humanities Foundation, Inc. dba Miami Museum of Contemporary Art of the African Diaspora (“MoCAAD” or “we” or “us”) and a website visitor, guest, registered user or event volunteer (collectively, "User") and govern any access to of use of the Services, including any Content, support and functionality offered through our websites, includingwww.miamimocaad.org;www.miamimocaad.com (the "Sites") and other online or offline services we may offer (collectively, with the Sites, the "Services"). User's right to access or use the Services, including any electronic content, functionality, features, and user content as defined below (collectively, "Materials") offered on or through the Services, is terminated if User declines to follow or violate these Terms.

These Terms also include and incorporate by reference our postedPrivacy Policy. Please read our Terms (including the Privacy Policy) carefully before using our Services. We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when posted on the Site. Continued use of the Services will signify User's consent to the updated Terms; if User does not agree to the Terms as modified User must discontinue use of the Services.

PLEASE SEE SECTIONS 6, 7, & 12 OF THESE TERMS REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION.

1. Site Information

   The information posted on the Site and otherwise accessed through the Services shall be used for general informational purposes only and should not be relied upon or used as the sole basis for making decisions or as a legal representation or warranty from MoCAAD. MoCAAD is not responsible if the information available through use of or access to the Services is not accurate, complete or updated. The information provided through the Services is intended to provide general information of a particular subject or subjects and it is not an exhaustive description of them.

2. Intellectual Property

   All content on the Site, including without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, code, service marks and trademarks ("Content") is the exclusive property of MoCAAD, its affiliates, its licensors or its content providers and is protected by intellectual property and other applicable laws. Any use of the Content, including without limitation, the reproduction, modification, use, publication, broadcast, uploading, transmission, posting, distribution, licensing or the creation of derivative works from the Content, is strictly prohibited. MoCAAD reserves all rights not expressly granted herein or on the Site.

   Miami MoCAAD and its logo are registered trademarks of Miami-North Arts & Humanities Foundation, Inc. This trademark and any other trademarks and service marks that are part of the Content shall not be used in any manner without the prior written consent from Miami MoCAAD. Nothing in these Terms or otherwise posted to the Site shall be construed as granting any license or right of use of any trademark within the Content.

3. Prohibited Action.

   User agrees not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Content, or retrieve or record information about the Services or its users; (d) merge the Services with another program or create derivative works based on the Services; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Services to others; (g) use, or allow the use of, the Services or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) use any hardware or software intended to damage, interfere with the proper operation of the Services or to intercept any data or personal information from the Services.

   User may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. User is prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if done for commercial purposes.

4. Links to other Websites.

   The Services may provide links to websites and access to content, products and services from third parties, including users, advertisers, partners, affiliates and sponsors of the Site. User agrees that MoCAAD is not responsible for the availability of, and content provided on third party websites. User should review the policies posted by other websites regarding their own terms of use and privacy policies, before using the website. MoCAAD is not responsible for any third party websites content that is accessible through the Services, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such Content. User shall not create any links to this Site without the previous written consent from MoCAAD.

5. Personal and non-personal information.

   Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.

6. Warranty and Limitation on Recoverable Damages.

   USER'S ACCESS AND USE OF THE SERVICES, MATERIALS AND CONTRIBUTIONS USER'S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTRIBUTIONS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

   MOCAAD DOES NOT ENDORSE, APPROVE OR VERIFY ANY POSTED CONTRIBUTIONS AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTRIBUTIONS POSTED ON THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT) RELATING TO CONTRIBUTIONS POSTED ON THE SERVICES, FOR USER'S USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.

   TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MOCAAD NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES.

7. Indemnity.

   User will be responsible for any damages resulting from its violation of the Terms. User will indemnify and hold MoCAAD and its affiliates, officers, directors, agents and employees, contributors, sponsors, and partners harmless from any losses, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of Users: (i) breach of the Terms; (ii) activities in connection with the Services, including any violation of any law or the rights of any third party that occurs in connection with User's use of the Services; or (iii) contributions or other information that User posts through the Services.

8. Termination of access.

   MoCAAD may terminate or suspend User's access at any time for any reason. The provisions regarding the disclaimers of warranty, accuracy of information and indemnification shall survive such termination.

9. Terms of Use Amendments.

   MoCAAD may review and change any or all of the Terms at any time without previous notice to the User. Such changes shall be effective immediately upon posting them on the Site. By continuing to use the Site after any changes are posted, User acknowledges acceptance of those changes.

10. Severability.

    If any of the terms, limitations or exclusions of liability contained in the above Terms are determined to be illegal, unenforceable or invalid in whole or in part for any reason under the applicable laws of the jurisdiction where User resides or has had access to the Site, such illegal, unenforceable, or invalid provisions or part thereof shall be removed and/or deleted from this Terms, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms. If any provision or part thereof of these Terms is removed and/or deleted in accordance with the provisions of this section, then such removed and/or deleted provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar to the removed and/or deleted provision as is legally feasible.

11. Entire Agreement.

    These Terms constitutes the complete and exclusive statement of the agreement between User and MoCAAD in regard to the Services, and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of the Terms. No authorization or waiver under these Terms will be effective unless made in writing and executed by a duly authorized representative of MoCAAD. Any rights and licenses granted under the Terms may not be transferred or assigned by User, but may be assigned by MoCAAD without restriction. MoCAAD's failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect.

12. Applicable Law and Class Action Waiver.

    THE LAWS OF THE STATE OF FLORIDA, WILL GOVERN ANY DISPUTE RELATING TO THE TERMS AND THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THE TERMS OR THE SERVICES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN MIAMI, FLORIDA, AND USER WAIVES ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

    EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, USER AGREES THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.