TOS - Mid-Missouri PrideFest

Mid-Missouri PrideFest (“Mid-Missouri PrideFest” or “we” or “us” or “our”) is a 501(c)(3) nonprofit organization with a charitable mission to create an annual celebration of the lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, asexual, and ally community in Mid-Missouri. This family-friendly event includes live entertainment, food, vendors, information on community organizations, a family area and more!

To assist you in using the Website or making a Donation, we have created these Terms of Service, which include the following terms and conditions, which are collectively referred to as these “Terms” and a Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms by this reference. Our Privacy Policy explains how we treat information that you provide to us in connection with the Website, and Donations. These Terms govern your use of the Website, or Donations, depending on the scope of your use. By using the Website in any capacity, the Website Terms will apply. Finally, if you would like to make a Donation to us, we are tremendously grateful for your support and the Donor Terms will apply. The General Legal Terms and Privacy Policy apply to all of the above.

Please read these Terms and the Privacy Policy carefully before you use the Website or make a Donation. BY USING OR ATTEMPTING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY. BY USING OR ATTEMPTING TO USE YOU CERTIFY THAT YOU ARE NOT A PERSON BARRED FROM USING THE WEBSITE UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. DONATIONS ARE GOVERNED BY THE DONOR TERMS AND PRIVACY POLICY.

We may update these Terms, the Privacy Policy, and any other policies or terms referenced in these Terms, from time to time. Any updates will be effective immediately upon posting unless otherwise noted. BY CONTINUING TO USE THIS WEBSITE OR BY MAKING A DONATION AFTER WE HAVE POSTED UPDATES, YOU ARE AGREEING TO ABIDE BY AND BE BOUND BY THOSE UPDATED TERMS. IF YOU DO NOT MEET THE ABOVE REQUIREMENTS, OR, IF FOR ANY REASON YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR ANY UPDATES TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE OR SERVICES.

Website Terms

The Mid-Missouri PrideFest welcomes you to our Website. We provide the Website as a complimentary service, and we hope that you find the information and resources available here useful for your needs. BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO THESE WEBSITE TERMS, THE GENERAL LEGAL TERMS, AND THE PRIVACY POLICY.

These Website Terms govern: (i) your use of the Website; (ii) your provision of information, however posted, uploaded, and/or submitted in connection with using the Website (“User Content”); and (iii) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, service marks, any and all copyrightable material (including source and object code), and any other content and intellectual property owned by The Mid-Missouri PrideFest and made available to you through the Website (collectively, “The Mid-Missouri PrideFest Content”).

Description of Services

The information and The Mid-Missouri PrideFest Content included in the Website are for informational purposes only and are subject to change at any time without notice. By accessing or linking to the Website, you assume the risk that the information on the Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. You agree that the Website and The Mid-Missouri PrideFest Content may be changed, updated, or removed at any time without notice and without liability. You further agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of The Mid-Missouri PrideFest Content or interruption in access to the Website.

Content Ownership

This Website and all of its contents, including The Mid-Missouri PrideFest Content, are owned by or licensed to The Mid-Missouri PrideFest or other authorized third parties and are protected from unauthorized use, copying, and dissemination by copyright, trademark, publicity, and other laws and by international treaties. Unless we expressly say otherwise, you may access the materials located within the Website only for your personal, non-commercial use, and you may download and use our educational, advocacy-related, and other documents and materials for those purposes, but you must:

Not sell these materials (including printed copies of them);
Not mass-produce copies of them;
Not make them available on other websites or other online platforms, whether owned by you or otherwise, except through a link to our Website;
Properly attribute them to The Mid-Missouri PrideFest (and not edit or alter them when doing so); and
Not change or delete any attribution, trademark, legend, or copyright notice.

When you download copyrighted material, you do not obtain any ownership rights to that material. The Mid-Missouri PrideFest and our licensors retain all rights with respect to the Website and The Mid-Missouri PrideFest Content, except those rights expressly granted to you in these Website Terms.

Except as expressly set forth in these Terms, you may not (i) access, view, modify, or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, publish, display, transmit, distribute, adapt, use, or in any way exploit the Website or The Mid-Missouri PrideFest Content without our prior express written consent. In any event, you agree not to use the Website or The Mid-Missouri PrideFest Content for any unlawful purposes and not to violate Mid-Missouri PrideFest’s rights or the rights of others.

To request authorization to use the materials contained on this Website for any other purpose (such as if you are interested in using our materials in relation to your business or organization, or on a mass scale), please contact us in writing at Webmaster@midmopride.org.

Unless stated otherwise, all the people shown in the photographs on the Website are models. Their photos were chosen based solely for aesthetic reasons; other than that, they have no connection to The Mid-Missouri PrideFest or any of the topics discussed on the Website.

Your Obligations

You agree that you will be solely responsible for your User Content. You also warrant and represent that:

your User Content does not and will not infringe any copyright or any other third-party rights, nor violate any applicable law or regulation; and
you have the right to and, in fact, do grant to The Mid-Missouri PrideFest any and all necessary rights and licenses, including all necessary copyright and other related rights to the User Content, and the right to hyperlink to any web page links you provide, free and clear of any encumbrances, without violating the rights of any person or entity, including any right to privacy or publicity.

You further agree that while using the Website, you will not engage in any of the following “Conduct Violations”: (i) post any content which is unlawful, threatening, abusive, defamatory, offensive, obscene, or otherwise objectionable in any way; (ii) engage in fraudulent misrepresentations; (iii) post any content which violates the intellectual property rights of another; (iv) engage in any activity that disrupts the Website or The Mid-Missouri PrideFest Content in any way; or (v) otherwise violate any state or federal law.

Subject to the terms of the Privacy Policy, you consent and agree that The Mid-Missouri PrideFest may preserve and disclose your personally identifiable information, including your User Content, as required by applicable laws, when necessary to protect our rights, enforce the Terms, prevent fraud, protect the health and safety of individuals, and when required to comply with a judicial process, administrative process, court order, or other legal process served on Mid-Missouri PrideFest.

Children Under 13 Years Old

As a 501(c)(3) nonprofit organization, The Mid-Missouri PrideFest is not subject to the Children’s Online Privacy Protection Act of 1998. However, we take children’s privacy seriously, and encourage users and their parents to review these Terms and the Privacy Policy to understand our information collection practices.

General Legal Terms

Mid-Missouri PrideFest’s Terms, including the General Legal Terms below, and the Privacy Policy are incorporated into these Website Terms by this reference. To the extent there is a conflict between the terms in these Website Terms and any other terms and conditions in the Terms or the terms and policies referenced in the Terms, these Website Terms will govern to the extent of the conflict, solely relating to the Website.

Artificial Intelligence

We may use artificial intelligence, machine learning, and natural language processing (“AI”) in connection with our operation of website. For instance, we may use AI as part of the sponsor process in order to determine the appropriate person to put you in contact with. We may also use AI for analysis during and after conversations in Sponsor engagement, such as for detecting conversation themes. While we will only use AI that we believe functions well, and we apply high ethical and anti-bias standards in our use of AI, we cannot control or predict the outcome of AI in any particular case. Neither The Mid-Missouri PrideFest nor any of our employees, volunteers, or agents will be or is responsible for any outcomes of AI.

Technical Limitations

You understand and acknowledge that the MidMoPride.org may not be, and some are not, fully compatible with certain mobile devices, and you may experience technical issues with smartphones, tablets, and other devices.

Privacy and Security

We are committed to protecting the privacy and security of your Personal Information.

Internet Risks

We are committed to maintaining your confidence and trust, and we take security measures to protect your information. However, no transmission or electronic storage of information is guaranteed to be secure. We therefore urge you to always use caution when transmitting information over the internet. Despite all of Mid-Missouri PrideFest’s security procedures, the internet is not a perfectly secure environment, and The Mid-Missouri PrideFest cannot guarantee protection from intruders or interceptors. You agree that your use of, and any submission of information to, Crisis Services is at your own risk. You further agree that The Mid-Missouri PrideFest has no liability regarding unauthorized access to Crisis Services.

Your Information

Protecting Your Own Information. Always be careful and responsible regarding your own personally identifiable information. We are not responsible for, and cannot control, what others not affiliated with The Mid-Missouri PrideFest do with information you provide to them. You may also choose to delete Mid-Missouri PrideFest conversations from your device, clear us from your history, and not save our number in your contact list to try to ensure that your relationship to Mid-Missouri PrideFest remains private.

Monitoring. Calls, chats, and texts to Mid-Missouri PrideFest’s Services may be monitored for training and quality assurance purposes.

Your Access to Information. Subject to applicable law and the Privacy Policy, The Mid-Missouri PrideFest may, but is not obligated to, provide you with access to any information from your account or call, chat, or text history within the Services.

General Legal Terms

Mid-Missouri PrideFest’s Terms, including the General Legal Terms below, and the Privacy Policy are incorporated into these Terms by this reference. To the extent there is a conflict between the terms in these Services Terms and any other terms and conditions in the Terms or the terms and policies referenced in the Terms, these Crisis Services Terms will govern to the extent of the conflict, solely relating to Services.

Donor Terms

As a 501(c)(3) nonprofit organization, The Mid-Missouri PrideFest relies on the generosity of donors to organize this annual celebration.

A donor (you) may make Donations to The Mid-Missouri PrideFest through the Website (including donation links), other electronic transfers, by mail, over the phone with our representatives, at an event, or otherwise in person, and in doing so, you hereby agree that those Donations and any information shared in connection therewith are governed by these terms (these “Donor Terms”) and the terms of any third-party provider collecting the Donation and the related information on behalf of Mid-Missouri PrideFest. We reserve the right to modify these terms at any time without notice to you. If you make a Donation to The Mid-Missouri PrideFest after the modified Donor Terms have been posted, your Donation acts as your acceptance of the modified Donor Terms.

Donation Refunds

Donations (sales/purchases/services) are non-refundable. All products or services, are considered gifts for your donation level. Mid-Missouri PrideFest does not sell products or services. Mid-Missouri PrideFest does not do exchanges, “store” credit or any other procedure that results in refunding a donation. Donations are automatically applied to our operating budget and goes toward facilitating our mission. Products may have manufacturers warranty and following manufacturers procedures so remedy any issues are solely your responsibility.

Donor Privacy

Generally, we may identify you as a donor by name to recognize and celebrate your contribution annually, but any other information that you share with The Mid-Missouri PrideFest in connection with your Donation, such as email addresses and phone numbers, will remain private and will be used solely in accordance with these Donor Terms, the General Legal Terms, and the Privacy Policy. The Mid-Missouri PrideFest keeps a record of each donor’s giving history for IRS purposes, to analyze giving patterns, make budget projections, and solicit future donations. We do not share our donor records with any other party or organization except for those purposes.

Third-Party Providers

In some cases (e.g., online), The Mid-Missouri PrideFest partners with third-party providers to collect Donations on behalf of The Mid-Missouri PrideFest(e.g., Classy, Facebook, or Twitch). Any information that you share with a third-party provider in connection with your Donation to The Mid-Missouri PrideFest will be subject to the terms of service and privacy policy of that third-party provider processing your Donation on Mid-Missouri PrideFest’s behalf. The Mid-Missouri PrideFest is not responsible for and will not be held liable for any act or omission of any such third-party provider.

General Legal Terms

Mid-Missouri PrideFest’s Terms, including the General Legal Terms below and the Privacy Policy, are incorporated into these Donor Terms by this reference. These Donor Terms will govern, solely with respect to Donations, in the event of a conflict with any other terms and conditions in these Terms or the terms and policies referenced in these Terms.

General Legal Terms

The following “General Legal Terms” apply to your use of the Website, and any Donations you may make to Mid-Missouri PrideFest, and are incorporated by this reference into the Website Terms, and Donor Terms.

Artificial Intelligence

We may use AI (artificial intelligence, machine learning, and natural language processing) in connection with our operations. While we will only use AI that we believe functions well, we cannot control or predict the outcome of AI in any particular case. Neither The Mid-Missouri PrideFest nor any of our employees, volunteers, or agents will be or is responsible for any outcomes of AI.

Third-Party Links and Referrals

On the website, we may include links to third-party sites we may recommend outside resources. When users leave our Website and travel to a third-party website or web page, they become subject to different terms of use and privacy policies. The Mid-Missouri PrideFest does not control or guarantee the accuracy, relevance, timeliness, or completeness of any third-party information contained on our Website or any information found on a linked website, nor do we endorse the views expressed or products or services offered by any third-party information or linked websites.

Feedback and Suggestions

For clarity, The Mid-Missouri PrideFest will have unlimited right to use, without attribution and without paying you any fees or compensation, any feedback or suggestions you provide to us, including about our Website, and other activities.

Suspension and Termination Rights

We reserve the right to terminate your access to the Website if you violate these Terms, including the Conduct Violations (as defined in the Website Terms) and the Rules of Use In addition, we may unilaterally terminate or adjust your access to the Website or The Mid-Missouri PrideFest Content, for any or no reason, in our sole discretion. Upon termination of your access to the Website or The Mid-Missouri PrideFest Content, or upon demand by us, you must destroy all materials obtained from the Website and all The Mid-Missouri PrideFest Content, along with all related documentation and all related copies and installations thereof.

Indemnity

You agree to defend, indemnify, and hold harmless The Mid-Missouri PrideFest and our officers, directors, employees, volunteers, representatives, and related parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from: (i) any breach by you of any of these Terms, (ii) your content and materials, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by us), (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, (v) any decision made or action taken by you in reliance on the Website, The Mid-Missouri PrideFest Content, or (vi) any other act or omission by you or a third party pertaining to your experiences with or information provided through the Website by a third party.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE MID-MISSOURI PRIDEFESTOR ANY OF ITS EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA) THAT RESULT FROM, ARISE OUT OF, OR RELATE TO YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, THE MID-MISSOURI PRIDEFEST CONTENT, THE WEBSITE, AND ANY OTHER SERVICES OR MATERIALS PROVIDED BY THE MID-MISSOURI PRIDEFEST HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer of Warranty

YOU AGREE THAT THE MID-MISSOURI PRIDEFEST PROVIDES THE WEBSITE, THE MID-MISSOURI PRIDEFEST CONTENT “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND SOLELY AT OUR DISCRETION. THE MID-MISSOURI PRIDEFEST EXPRESSLY DISCLAIMS ANY AND ALL (I) WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (II) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (III) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, MID-MISSOURI PRIDEFEST CONTENT IS AT YOUR SOLE RISK.

THE MID-MISSOURI PRIDEFEST MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL BE SECURE OR RELIABLE, WILL BE UNINTERRUPTED, TIMELY, CONFIDENTIAL, OR ERROR-FREE. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, SERVER, OR ANY DEVICE THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR CRISIS SERVICES OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE THE QUALITY OF ANY INFORMATION YOU ACCESS ON THE WEBSITE OR THROUGH THE CRISIS SERVICES. WHEN YOU USE THE WEBSITE, YOU DO SO AT YOUR OWN RISK. ANY INFORMATION THAT YOU ACCESS OR DOWNLOAD FROM THE WEBSITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS. THE MID-MISSOURI PRIDEFEST WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM RELIANCE ON ANY INFORMATION RECEIVED FROM THE WEBSITE.

IN ADDITION, WE RESERVE THE RIGHT TO INTERRUPT, DISCONTINUE, OR DISABLE ACCESS TO ANY OR ALL OF THE WEBSITE OR TO CHANGE ANY OR ALL OF THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. WE DO NOT ASSUME ANY RESPONSIBILITY OR REQUIREMENT TO UPDATE THE WEBSITE OR CORRECT ANY DEFECTS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU.

Intellectual Property

“Mid-Missouri PrideFest” service mark and all trademarks and logos related to The Mid-Missouri PrideFest services are trademarks or registered trademarks of Mid-Missouri PrideFest. You may not copy, imitate, modify, or use them without Mid-Missouri PrideFest’s prior written consent.

If you are a brand interested in licensing our name or marks, or otherwise partnering with us, please contact webmaster@midmopride.org.

All right, title, and interest in and to the Website, any The Mid-Missouri PrideFest Content, the technology related to Mid-Missouri PrideFest’s services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of The Mid-Missouri PrideFest and its licensors.

The Mid-Missouri PrideFest affords equal respect to the trademarks and other intellectual property rights of others. Therefore, if you believe that your intellectual property rights are being infringed in any way on the Website, pursuant to the Digital Millennium Copyright Act (hereinafter the “DMCA”) please notify Mid-Missouri PrideFest’s copyright agent at the following address:

A proper DMCA notification should contain the following items:

a physical electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the work claimed to have been infringed, or a representative list;
identification of the material that is claimed to be infringing that is reasonably sufficient to permit The Mid-Missouri PrideFest to locate the material;
information reasonably sufficient to allow The Mid-Missouri PrideFest to contact you, including a name, address, telephone number, and email address;
a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights owner, agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.

It is a violation of federal law to knowingly materially misrepresent that material is infringing.

Waiver and Severability

The failure of The Mid-Missouri PrideFest to assert a right under these Terms or insist on compliance with any term or condition of these Terms will not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by you. The provisions of these Terms are severable, and in the event that any provisions of these Terms is determined to be invalid or unenforceable under any controlling body of the law, the invalidity or unenforceability will not in any way affect the validity or enforceability of the remaining provisions in these Terms.

Assignment

The Mid-Missouri PrideFest may assign or transfer these Terms, in whole or in part, in connection with a sale or transfer of all or substantially all of its business, a divestiture, merger or to an affiliate.

Force Majeure

Mid-Missouri PrideFest will not be liable by reason of any failure or delay in the performance of its obligations on account of any cause which is beyond the reasonable control of Mid-Missouri PrideFest, including strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, other natural disasters, war, governmental action, pandemic, epidemic, or labor conditions.

Governing Law

These Terms will be governed by and construed in accordance with the substantive laws of the State of Missouri, excluding any conflict of law principles. All disputes arising under, out of, or in any way connected with these Terms will be litigated exclusively in the state and federal courts located in Columbia, Missouri. In any such action, you agree to submit to the subject matter jurisdiction of those courts, and waive any objections based on lack of personal jurisdiction, inconvenient forum, or improper venue relating to those courts.

Entire Agreement

These Terms, the Privacy Policy, and the policies and terms reference within these Terms constitute the entire agreement between you and Mid-Missouri PrideFest, and no oral or written representations, warranties or inducements have been made concerning the subject matter of these Terms other than the express representations, warranties, and covenants contained in these Terms. You specifically agree that should a dispute arise under these Terms requiring interpretation, you will not refer to previous versions of these Terms. Rather, the interpretation of these Terms shall be based only on the current language, terms, and conditions of these Terms. You further agree that these Terms are agreed between you and The Mid-Missouri PrideFest and shall not be construed to the benefit of any third party, except as expressly set forth in these Terms. The terms “or” and “including” and similar terms will be interpreted non-exclusively to mean “and/or” or “including, but not limited to” or the equivalent, respectively.

Contact Us

If you have any questions about these Terms, the Website, or your dealings with Mid-Missouri PrideFest, please contact us at:

Mid-Missouri PrideFest
Mid-Missouri PrideFest
P.O. Box 10216
Columbia, MO 65205
Email: Webmaster@midmopride.org

These Terms will be effective for all users as of November 24, 2023