Terms of Use

Welcome to the Museum Store Association ("MSA") Portal (the "Site"). We hope you enjoy your visit. Please take a moment to read the following terms and conditions ("Terms of Use"). Your continued use of this Site is subject to these Terms of Use.

BY ACCESSING AND BROWSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

To become a member of this Site you must be at least eighteen (18) years old.

The Museum Store Association (MSA) is a nonprofit association organized to provide members with the professional opportunities and educational resources needed to operate effectively and ethically. MSA is committed to helping member institutions be competitive in their respective markets, fiscally responsible and, in general, assets to their institutions.

Through MSA's Conference, Expo, chapter meetings, seminars and various publications, the association brings together museum representatives and vendors. The board of directors recognizes that the association's activities could be seen by some as an opportunity for anticompetitive conduct. Thus, the board takes this opportunity to express its undeviating policy to comply strictly with the letter and spirit of all federal, state, applicable trade regulations and antitrust laws. Any of MSA's actions or the actions of its staff, officers, directors or members that violates these regulations and laws is detrimental to the association's interests and is unequivocally contrary to MSA policy.

The following rules apply to all MSA activities and must be observed at all MSA-sponsored activities and functions under all circumstances — without exception — unless specifically noted below. To assist MSA's staff members and all its officers and committees in recognizing situations that may raise the appearance of an antitrust problem, the board of directors has adopted this Antitrust Policy. Should questions arise as to the manner in which the antitrust laws apply to activities of MSA or any of its committees, such questions shall be directed to the MSA headquarters.

Guidelines

MSA shall not be used for the purpose of bringing about or attempting to bring about any understanding or agreement — written or oral, formal or informal, express or implied — regarding prices, terms or conditions of sale, distribution, volume or customers.

No MSA activity or communication shall include discussion — for any purpose or in any fashion — of pricing methods or other limitations in timing, costs or volume of production or sale, or allocation of customers.

No MSA activity or communication shall include any discussion that might be construed as an attempt to prevent any person or business entity from gaining access to any market or customer for goods or services, or to prevent any business entity from obtaining a supply of goods or otherwise purchasing goods or services freely in the market.

MSA-sponsored activities shall not include any activity or communication which is or might be construed as an agreement to refrain from purchasing any products, services or supplies from any supplier.

These rules apply to informal discussions at MSA-sponsored activities and functions as well as formal presentations and meetings. Antitrust compliance is the responsibility of every MSA member, affiliate, sponsor and staff member.

1. Grant of Limited License.

Information on this site is for MSA members only and is intended solely to inform our members about MSA services and other information of general interest to our membership, including Conference & Expo information, chapter information, MSA's membership directory, publications information and resources. This Site and the content of this Site may only be used for individual, personal and confidential reference purposes and may be used only pursuant to the Terms of Use. You expressly acknowledge that you may not use the Membership Directory or any other individual personal identifying information found on the Site or the content of the Membership Directory to send e-mail or fax messages to solicit business or advertise products or services. The Membership Directory and the content of the Membership Directory are proprietary products of MSA. The content of the Membership Directory and any other individual personal identifying information found on the Site may not, in whole or in part, be reproduced, copied, disseminated, distributed, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means, except for your individual, personal and confidential reference. Any use of the Site and the content of the Site not expressly permitted by the Terms of Use is prohibited unless you receive MSA's prior written approval.

2. Use of ShopTalk and the Like.

Your use of ShopTalk and other community features of this site is subject to reasonable limitations. You may not publish, post, distribute or disseminate defamatory, infringing, obscene or unlawful material or information on or through this Site. You may not upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law or regulation unless you own or control the rights thereto or have received all necessary consents. You may not upload files that contain a virus or any other program designed to interfere with the operation of the Site or computers linked to the Site. Any messages, advice, opinions or other information posted to the forums by third parties should not be viewed as endorsed or otherwise approved by MSA. Use of such information is at your own risk. MSA reserves the right, in its sole discretion, but does not assume any obligation, to immediately remove any materials from the Site that violate these Terms of Use or applicable laws or regulations, or that may subject MSA or its agents or suppliers to liability.

3. Confidential Information.

Except as provided in our Privacy Policy, any communication or material you transmit to MSA by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by MSA or affiliated third parties for any purpose. If you post comments, reviews, or other content on the site, you grant MSA and its affiliates full proprietary rights in anything you post to the Site. You also grant MSA and its affiliates the right to use the name you submit with any comment, review or other content. You represent and warrant that you own or otherwise control all rights to any content you post on this Site. Furthermore, you agree that MSA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing and marketing products or services using such information.

4. Disclaimer of Warranty.

As to use of our web site. ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MSA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MSA DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS ACCURATE, RELIABLE OR CORRECT OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.

MSA DOES NOT WARRANT THAT THE SITE WILL BE ACCESSIBLE AT WILL OR IN ALL GEOGRAPHIC AREAS, NOR DOES IT WARRANT THAT MATERIALS ACCESSIBLE VIA THE SITE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE.

As to purchases made from linked web sites. UNDER NO CIRCUMSTANCES SHALL MSA BE LIABLE TO YOU FOR ANY FAILURE OR DELAY IN RECEIPT OF ORDERED PRODUCT OR FOR ANY FINANCIAL LIABILITY INCURRED IN CONNECTION WITH ORDERING PRODUCT FROM AN EXHIBITOR AFFILIATE. NOR SHALL MSA BE LIABLE TO YOU FOR ANY NONCONFORMING GOODS RECEIVED FROM AN EXHIBITOR AFFILIATE. MSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR AUTHENTICITY OF THE PRODUCTS AVAILABLE THROUGH THE LINKED SITES OF EXHIBITOR AFFILIATES. ANY PURCHASES YOU MAKE FROM EXHIBITOR AFFILIATES ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE OF THE EXHIBITOR AFFILIATE FROM WHOM YOU PURCHASE. MSA DOES NOT WARRANT THE PRODUCTS YOU PURCHASE FROM EXHIBITOR AFFILIATES. SUCH PRODUCTS ARE WARRANTED (IF AT ALL) BY THE EXHIBITOR AFFILIATE WHO SOLD YOU THE PRODUCT. For information about any warranties which may apply, please contact the Exhibitor Affiliate from whom you made the purchase.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

5. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL MSA OR ITS CONTRACTUAL VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR SERVICES ON THIS SITE (OR SITES LINKED TO THIS SITE), EVEN IF MSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

6. Indemnification.

You agree to indemnify and hold harmless MSA and its directors, officers, employees, representatives and agents from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) arising from your use or inability to use this Site.

7. Termination of Services.

MSA reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. You agree that MSA, its contractual vendors, and Exhibitor Affiliates shall not be liable to you in the event of such termination.

8. Privacy.

Your use of this site is subject to MSA’s Privacy Policy, which is incorporated by reference into these Terms of Use.

9. Links to Third Party Sites.

This Site may contain links to third party sites, which are not under MSA’s control. Such sites are not governed by this Terms of Use or MSA’s Privacy Policy. MSA disclaims all responsibility for the operation of such sites, including the information collection practices of such sites. MSA does not monitor or review the content of third party sites linked to this Site. You acknowledge that MSA is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. Linking to such sites is at your own risk.

10. Errors, Omissions & Revisions.

You agree that MSA shall not be liable for any technical or typographical errors which may appear on this site. MSA may, from time to time, modify the Terms of Use without notice. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

11. Copyright/Trademarks.

To the maximum extent permitted under law, all text, images and other materials available on this site are protected by U.S. copyright law, various international treaties and other applicable law. The copyright on such materials is held by MSA, its licensors or by the original creator of the materials. Permission is granted to display, copy, distribute, and download the materials on this Site solely for purposes of evaluating the products or services offered on this Site, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained on the materials. Use of these images for any other purposes is prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Site may violate copyright, trade identity and other applicable laws or regulations and could result in criminal or civil penalties. MSA disclaims any proprietary rights in copyrighted materials belonging to others. Your use of this site does not create any license or any other rights in MSA’s or any third party’s copyrights, trademarks or any other intellectual property or proprietary rights. For terms and conditions related to the use of MSA’s marks please see our Trademark Usage Guide, which is incorporated herein by reference.

12. Procedure for Making Claims of Copyright Infringement.

If you believe a copyrighted work which you own has been copied and is accessible on this site without your permission, you may notify MSA of any alleged copyright infringement. Please consult the Copyright Notice for further details.

13. Assignability.

This agreement may not be assigned except by mutual consent of the parties. Subject to the limitations hereinbefore expressed, this agreement will mutually benefit and be binding upon the parties, their successors and assigns.

14. Waiver.

No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by a duly authorized representative, partner or owner of the party claimed to have waived or consented. Should either party consent, waive or excuse a breach by the other party, whether expressed or implied, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.

15. Force Majeure.

MSA shall not be liable for damages for any delay or failure arising out of causes beyond its reasonable control and without default or negligence, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.

16. Governing Law.

By using this site you agree that this agreement, and all matters relating to your use of this Site, shall be governed by and construed in accordance with the laws of the United States of America, State of Colorado, without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Denver County and the United States District Court for the District of Colorado with respect to such matters.

17. Severability.

If any provision of this Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and all other provisions shall be unaffected thereby.

18. Headings.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

19. Entire Agreement.

This agreement, together with the incorporated documents, constitutes the entire agreement between the parties relating to the Site and its use and supersedes any previous written or oral agreement or understanding of the parties hereto with respect to such subject matter.