It's Minnesotan

It's Minnesotan's Terms of Use Agreement

By using the It's Minnesotan.com web site, a service of Gafford Design Studio, Inc., you are agreeing to be bound by the following terms and conditions.

General Terms

1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.

2. You are responsible for keeping your password secure.

3. You must not abuse, harass, threaten, impersonate or intimidate other It's Minnesotan users.

4. You may not use the It's Minnesotan service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.

5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the It's Minnesotan service.

6. You must not modify, adapt or hack It's Minnesotan.com or modify another website so as to falsely imply that it is associated with It's Minnesotan.

7. You must not create or submit unwanted email or Conversations to any It's Minnesotan members.

8. You must not transmit any worms or viruses or any code of a destructive nature.

9. You must not, in the use of It's Minnesotan, violate any laws in your jurisdiction.

Violation of any of these agreements will result in the termination of your It's Minnesotan account. While It's Minnesotan prohibits such conduct and content on its site, you understand and agree that It's Minnesotan is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the It's Minnesotan service at your own risk.

General Conditions

It's Minnesotan reserves the right to modify or terminate the It's Minnesotan service for any reason, without notice at any time.
It's Minnesotan reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, It's Minnesotan will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at It's Minnesotan's sole discretion, in good faith and using common sense and reasonable judgment.
It's Minnesotan reserves the right to refuse service to anyone for any reason at any time.
It's Minnesotan may, but has no obligation to, remove content and accounts containing content that It's Minnesotan determine in It's Minnesotan's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on It's Minnesotan.
The It's Minnesotan service makes it possible to post images hosted on It's Minnesotan to outside websites. This use is accepted. However, pages on other websites which display images hosted on It's Minnesotan must provide a link back to It's Minnesotan from each photo to its photo page on It's Minnesotan.
Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. By uploading images and item description content to It's Minnesotan, you agree to allow other It's Minnesotan users to view them and you agree to allow It's Minnesotan to display the images and content on It's Minnesotan (for example, in your shop, on It's Minnesotan's Homepage) and store the images, item description, profile and other content.
It's Minnesotan, and other It's Minnesotan graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of It's Minnesotan, Inc. in the U.S. and/or other countries. It's Minnesotan's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy and other policy documents and community guidelines as posted on It's Minnesotan before you may become a member of It's Minnesotan. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

It's Minnesotan may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on It's Minnesotan. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on June 10, 2007 for all users.

Membership Eligibility

It's Minnesotan's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. It's Minnesotan's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended It's Minnesotan members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use It's Minnesotan. Further, your It's Minnesotan account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Fees and Services

Joining and setting up a shop on It's Minnesotan is free. It's Minnesotan charges fees for listing items for sale through It's Minnesotan. When you list an item you have an opportunity to review and accept the fees that you will be charged. It's Minnesotan's Fees and Credits Policy is available and is incorporated into this Agreement by reference. It's Minnesotan's Fees and Credits Policy and the fees for It's Minnesotan's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after It's Minnesotan provides you with at least fourteen (14) days' notice of the changes by posting the changes on It's Minnesotan. However, It's Minnesotan may choose to temporarily change It's Minnesotan's Fees and Credits Policy and the fees for It's Minnesotan's services for promotional events (for example, free listing days) and such changes are effective when It's Minnesotan posts the temporary promotional event on It's Minnesotan. It's Minnesotan may, at It's Minnesotan's sole discretion, change some or all of It's Minnesotan's services at any time. In the event It's Minnesotan introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using It's Minnesotan's service and It's Minnesotan and all applicable taxes.

It's Minnesotan is a Venue

It's Minnesotan is not a retailer. Although It's Minnesotan is commonly referred to as an online marketplace, it is important to realize that It's Minnesotan is not a traditional "retailer." Instead, It's Minnesotan acts as a venue to allow an individual who complies with the Policies to offer, sell, and buy certain locally made goods which within a fixed price format. It's Minnesotan is not involved in the actual transaction between buyers and sellers. As a result, It's Minnesotan has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. It's Minnesotan cannot ensure that a buyer or seller will actually complete a transaction. Consequently, It's Minnesotan does not transfer legal ownership of items from the seller to the buyer.

Identity Verification

It's Minnesotan uses many techniques to verify the accuracy of the information It's Minnesotan's users provide to It's Minnesotan when they register on It's Minnesotan. However, because user verification on the Internet is difficult, It's Minnesotan cannot and does not confirm each user's purported identity. Thus, It's Minnesotan has established a user-initiated feedback system to help you evaluate with whom you are dealing. It's Minnesotan also encourages you to communicate directly with potential transaction partners through the tools available on It's Minnesotan. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because It's Minnesotan is a venue, in the event that you have a dispute with one or more users, you release It's Minnesotan (and It's Minnesotan's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control

It's Minnesotan does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using It's Minnesotan. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using It's Minnesotan, you agree to accept such risks and that It's Minnesotan (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on It's Minnesotan

Buying

A buyer is obligated to complete the transaction of a purchase of an item on It's Minnesotan immediately. A buyer is obligated to immediately pay in full by using PayPal by clicking the "Buy Now" button during checkout.

A seller must abide by all of It's Minnesotan's policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

Billing

Each It's Minnesotan seller is responsible for paying the It's Minnesotan fees incurred. Its Minnesotan bills all posts before they are uploaded to the site.

Listing and Selling

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner.

Termination: Without limiting any other remedies, It's Minnesotan, without notice, may suspend or terminate your account if It's Minnesotan suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of It's Minnesotan's policies set out in this Agreement, the Privacy Policy or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with It's Minnesotan.

Manipulation: The price stated in each It's Minnesotan Item Description must be an accurate representation of the sale. “Manipulation” refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding It's Minnesotan transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.

Prohibited, Questionable and Infringing Items

Definition: "Your Information" is defined as any information you provide to It's Minnesotan or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area or through any email feature. You are solely responsible for Your Information, and It's Minnesotan acts as a passive conduit for your online distribution and publication of Your Information.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on It's Minnesotan shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items.
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); It's Minnesotan also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in this policy.
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:

(aa) are prohibited under this Agreement, the Privacy Policy or other policy documents and community guidelines as posted on It's Minnesotan or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) you do not have a right to link to or include.

Furthermore, you may not list any item on It's Minnesotan (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

License: Solely to enable It's Minnesotan to use the information you supply us with, so that It's Minnesotan is not violating any rights you might have in that Your Information, you agree to grant It's Minnesotan a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. It's Minnesotan will only use Your Information in accordance with It's Minnesotan's Privacy Policy.

Access and Interference

It's Minnesotan may contain robot exclusion headers. Much of the information on It's Minnesotan is updated on a real time basis and is proprietary or is licensed to It's Minnesotan by It's Minnesotan's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access It's Minnesotan for any purpose without our prior express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any from the Site without the prior expressed written permission of It's Minnesotan and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to It's Minnesotan.

Feedback

Integrity: You may not take any actions that may undermine the integrity of the feedback system. It's Minnesotan may, without prior notice, limit the number of purchases and listings, which you may place on It's Minnesotan based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by It's Minnesotan. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between It's Minnesotan users, you agree that you shall not market or export your It's Minnesotan feedback rating in any venue other than an It's Minnesotan operated website.

Import: It's Minnesotan does not provide you with the technical ability to import feedback from other (non-It's Minnesotan operated) websites to It's Minnesotan because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach

Without limiting other remedies available, It's Minnesotan may, without prior notice, limit your activity, immediately remove your item listings, warn It's Minnesotan's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

(a) you breach this Agreement, the Privacy Policy or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) It's Minnesotan is unable to verify or authenticate any of Your Information; or
(c) It's Minnesotan believes that your actions may cause financial loss or legal liability for you, It's Minnesotan's users or It's Minnesotan.

Privacy

It's Minnesotan does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and It's Minnesotan only uses your information as described in the Privacy Policy. It's Minnesotan views protection of users' privacy as a very important community principle. It's Minnesotan understands clearly that you and Your Information is one of It's Minnesotan's most important assets. It's Minnesotan stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use It's Minnesotan's services.

No Warranty

It's Minnesotan, It's Minnesotan's SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND It's Minnesotan's SUPPLIERS PROVIDE It's Minnesotan's WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. It's Minnesotan, It's Minnesotan's SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND It's Minnesotan's SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL It's Minnesotan, AND (AS APPLICABLE) It's Minnesotan's SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR It's Minnesotan's SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

It's Minnesotan's LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF It's Minnesotan's SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO It's Minnesotan IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD It's Minnesotan AND (AS APPLICABLE) It's Minnesotan's PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and It's Minnesotan are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to It's Minnesotan Attn: Legal Department; 9253 Merrimac Lane N, Maple Grove, MN 55311 (in the case of It's Minnesotan) or to the email address you provide to It's Minnesotan during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, It's Minnesotan may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to It's Minnesotan during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

It's Minnesotan's goal is to make you happy. In the event a dispute arises between you and It's Minnesotan, please email It's Minnesotan at contactus@itsminnesotan.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Disputes between you and It's Minnesotan regarding It's Minnesotan's services may be reported to Customer Support by emailing contactus@itsminnesotan.com.

Disclosures

The services hereunder are offered by It's Minnesotan Inc., located at 9253 Merrimac Lane N., Maple Grove, MN 5531If you are a Minnesota resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.1.

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. It's Minnesotan is not affiliated with SafetySurf.com.