Terms And Conditions of Service for the Minneapolis Saint Paul 2008 Host Committee Web Site

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Terms") BEFORE USING THE SITE. By continuing to access or use the Site, or any service on the Site, you signify your acceptance of the Terms. From time to time, the Minneapolis Saint Paul 2008 Host Committee ("Host Committee") may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using this site. Your use of the Site, or any service on the Site, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. If, at any time, you do not wish to accept the Terms, you may not use the Site. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms are expressly rejected by the Host Committee and shall be of no force or effect.

1. User Assent to Terms and Conditions of Site. You represent that you have read and agree to be bound by the Terms. The information and services provided by the Host Committee and its affiliates subjects you to the terms and conditions as follows:

2. Intellectual Property. The Site, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site.

3. Restrictions on Use. You agree not to use, transfer, distribute or dispose of any information contained on the Site for any commercial purpose. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by the Host Committee and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property of the Host Committee and others.

4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SITE AND/OR MAKE PRINT COPIES FOR INDIVIDUAL USE OR USE WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. YOU MAY NOT USE ANY OF THE HOST COMMITTEE´S NAMES OR MARKS IN ANY MANNER THAT CREATES THE IMPRESSION SUCH NAMES OR MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR IMPLY ANY ENDORSEMENT BY THE HOST COMMITTEE, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES OR MARKS. YOU WILL NOT USE THE SITE, THE INFORMATION CONTAINED THEREIN OR ANY OF THE HOST COMMITTEE´S NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE.

5. License. You acquire no rights or licenses in or to the Site and materials contained therein other than the limited right to utilize the Site in accordance with the Terms.

6. Linking And Framing. (I) By linking to the Site, you represent that you have read and agree to be bound by the Terms. (ii) Upon linking to this site pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free license to use the name "Minneapolis Saint Paul 2008 Host Committee" solely for providing an underlined, textual link from your Web site to , and for no other use; (3) You may include a link(s) on your Web site to provided that you first send to the Host Committee via email to setting forth: (a) your name or the name of the technical contact responsible for the link(s); (b) the name of your company; (c) the email address and telephone number for you or the technical contact responsible for the link(s); and (d) the Web site address(es) where the link(s) to the Site will appear; (4) Without specific, written consent by the Host Committee, you may not bring up or present content of the Site within another Web site ("frame").

7. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site (the "IP Rights") shall, as between you and the Host Committee, at all times be and remain the sole and exclusive property of the Host Committee. All present and future rights in and title to the Site (including the right to exploit the Site and any portions of the Site over any present or future technology) are reserved to the Host Committee.

8. Disclaimer and Limitation of Liability. You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that the Host Committee makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. The Host Committee does not warrant that the Site is compatible with your equipment or is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that the Host Committee, its suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of the Host Committee, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Site; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Site is not maintained or controlled by the Host Committee. The Host Committee is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Site. The Host Committee does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Site; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Site. The Host Committee is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Site. You understand that the Host Committee and/or third-party contributors to the Site may choose at any time to inhibit or prohibit their content from being accessed under the Terms.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE HOST COMMITTEE, ITS SUPPLIERS OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE HOST COMMITTEE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE Terms. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)

10. Representations and Warranties. You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) are at least eighteen (18) years old; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Site only as set forth in these Terms.

11. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless the Host Committee and its employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Site, or any links on the Site, including, but not limited to: (i) your use or someone using your computer´s use of the Site; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Site by you or someone using your computer infringes any IP Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer; or (v) any misrepresentation or breach of representation, warranty or covenant made by you herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys´ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.

12. Termination. Either you or the Host Committee may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Site and destroying all materials obtained from the Site. The Host Committee may terminate this agreement immediately without notice if the Host Committee determines, in its sole discretion, that you have failed to comply with any provision of these Terms. Upon termination by you or upon notice of termination by the Host Committee, you must promptly destroy all materials obtained from the Site and any copies thereof. Sections 2, 3, 4, 7, 8, 9, 11, 12 and 13 shall survive any termination of this agreement.

13. Governing Law. These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of Minnesota, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Hennepin and Ramsey counties with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.

14. Access Outside the United States. If you choose to access the Site from outside the United States, you are responsible for compliance with foreign and local laws. Software from the Site may be subject to United States export controls that prohibit downloading, exportation or re-exportation: (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department´s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.

15. Miscellaneous. You acknowledge that the Host Committee has the right to change the content or technical specifications of any aspect of the Site at any time at the Host Committee´s sole discretion. You further accept that such changes may result in your being unable to access the Site.

16. Official Correspondence. Official Correspondence must be sent via postal mail to: The Minneapolis Saint Paul 2008 Host Committee, 180 East Fifth Street, Suite 1200, St. Paul, MN 55101 Attn.: Privacy.