This document describes the IntheNOLA.com (hereafter referred to as ITN) policy regarding personal information, ongoing communication, site security and overall site usage of IntheNOLA.com. These provisions apply solely to ITN online activities and are not necessarily applicable to practices ITN may engage in outside of IntheNOLA.com. Use of the IntheNOLA.com Web sites signify your agreement to the terms and conditions of use set forth in this document. If you do not agree to these terms, you may not access or otherwise use this Web site.
Use of Web Site Agreement
IntheNOLA.com is presented by ITN from within the United States, and ITN makes no representation that materials in the Web site are appropriate or available for use in locations outside the United States and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The materials provided on IntheNOLA.com are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of IntheNOLA.com are only for your personal, non-commercial use. All materials contained on IntheNOLA.com are protected by copyright, and are owned or controlled by ITN or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on IntheNOLA.com. You may download and make one copy of the content and other downloadable items displayed on IntheNOLA.com for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from ITN or the copyright holder identified in the specific copyright notice.
Unless otherwise indicated, all marks displayed on IntheNOLA.com are subject to the trademark rights of IntheNOLA.com including without limitation its model nameplates, and its corporate logos and emblems.
The accuracy of the information on the Web site cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. ITN reserves the right to make changes at any time, without notice or obligation, in the information contained on this Web site, including and without limitation to prices, incentive programs, specifications, equipment, colors, materials and to change or discontinue models.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement and any use of IntheNOLA.com shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and any use of IntheNOLA.com shall be an appropriate state or federal court located in the State of Louisiana. This Agreement constitutes the entire agreement between ITN and you with respect to your use of the Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ITN. Any cause of action you may have with respect to your use of the Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. You agree that the use of IntheNOLA.com is in the State of Louisiana USA and not any other location.
Collection of Personal Information
User information is collected primarily to provide a more efficient ITN online experience, as well as new, updates and information to help the ITN meet your needs.
The request for e-mail communication or contact from ITN may result in the collection of (but is not limited to) the following information:
Use of Information
The information we collect via the Registration process on IntheNOLA.com is used to better serve your online needs. We do not share this information with third parties.
We use return e-mail addresses to answer the e-mail we receive. We may also use these e-mail addresses to site status and to respond to queries.
To receive news, updates and information via e-mail, register at IntheNOLA.com.
We may use non-identifying and aggregate information to better design our Web site and share with our marketing and advertising agencies. If you choose to create an ITN profile or receive information, or to otherwise give us personal information, we may store some or all of that information and use it for marketing research and marketing purposes. To enhance your experience on IntheNOLA.com, we might use information you provide to us through your ITN profile to pre-populate forms with your name, address, phone, and email address. If you choose to save information, such as a meeting planner RFP form, on our Web site(s), we may contact you to follow up on your interest in our convention and meeting services. In such cases, we may employ an outside research company to call you on our behalf.
Security of Personal Information
We exercise reasonable care to protect your non-public personal information. This includes storing the personal information on our servers behind a secured firewall and ensuring all transmissions to other vendors use secure encryption technology. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. So while we strive to protect your non-public personal information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via e-mail. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic and procedural safeguards to protect your personal information.
Internally, we will limit access to non-public personal information to those associates who need the information to provide products and services to you or maintain or service those products or services. These associates are limited in number, and are committed to our privacy and security policies. We will review our security arrangements from time to time, as we deem appropriate.
Sharing of Non-Public Personal Information
We reserve the right to, without notice to you, share non-public personal information with companies that work for us for the sole purpose of providing you with valuable services you've requested or already have through IntheNOLA.com. These companies may assist us in fulfilling your requests or processing your transactions. We will only share information with companies that work for us to provide marketing and other services and with non-affiliated persons and entities with whom we have entered into a joint marketing agreement, where we together market either our products or those of our marketing partner if you expressly authorize us to share this information. These companies are contractually forbidden from disclosing or using our customer information other than to carry out the purposes for which the information was disclosed. These companies are in no way authorized to sell, rent or trade your personal information. While there are such contractual obligations in place, we cannot and do not guarantee that a third party could breach its obligation and use your non-public personal information in a way contrary to our policy.
We may disclose information, including non-public personal information, in special cases when we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with the legal process such as, but not limited to situations when we are required to do so by federal, state or local laws and regulations or when we receive a subpoena or are ordered by a court to do so; (b) protect and defend our rights; or (c) act to protect the interests of our users or others. Additionally, we may, without notice to you, provide aggregate statistics about visitors to IntheNOLA.com such as volume, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personal information.
Viewing and Updating Your Information
You can review and revise your personal information at any time by accessing your ITN profile at IntheNOLA.com. To protect your privacy, we make every attempt to verify your identity before granting access to view or revise your personal information.
E-Mail Communication From ITN
You will only receive e-mail from the ITN if you have registered for one of our mailing lists. If you are currently on our list and do not wish to receive further information from us, click here. To sign up for news, updates and information from the ITN via e-mail, click here.
Monitoring Site Traffic
A "pixel tag" or "spotlight tag" is a small graphic file that is included in the Web page being displayed. By virtue of its existence on specific pages ITN can gain further information on how users are making use of the IntheNOLA.com Web sites. Since the browser requesting this small graphic file is no different than the browser requesting any other Web page, it is possible that a Cookie might be transmitted along with the request. This means that all the information that is identified in the "Site Traffic Monitoring" section can also be collected by the use of a "pixel" or "spotlight" tag.
Transmission of Information
Any material, information or idea you transmit to or post on IntheNOLA.com by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by ITN or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to ITN online will be handled in accordance with ITN’s Online Privacy Practices. You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Third Party Links
The links we provide on IntheNOLA.com are there for your reference and convenience. We do not control any of these Web sites, nor are we responsible for their content. ITN does not imply any endorsement of the material on such Web sites or any association with their operators by including these links on IntheNOLA.com. If you decide to access any of these Web sites you do so entirely at your own risk and you should be aware that upon using these links you will leave IntheNOLA.com.
Limitation of Warranty and Liability
THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ITN AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, ITN AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ITN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITN AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN AND THE SOFTWARE WHICH MAY BE DOWNLOADED THEREFROM; AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITN AND USER. THIS SITE AND THE INFORMATION, SOFTWARE, FORMS, AGREEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend and hold ITN, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs.
Modification of Terms and Conditions
IntheNOLA.com Terms and Conditions
Date of Last Revision: May 1, 2009.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
IntheNOLA.com and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks, service marks or trade dress of Company in the U.S. and/or other countries. Company's trademarks, service marks 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 and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that except for advertising programs offered by us on the www.IntheNOLA.com, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 21 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the articles, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. ITN does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the IntheNOLA.com website or service any materials that violate another party's intellectual property rights. When we receive Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site may contain (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other IntheNOLA.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
IntheNOLA.com is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. ITN is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE , ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in New Orleans, Louisiana USA and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
IntheNOLA.com Code of Conduct
Date of Last Revision: May 1, 2009
IntheNOLA.com allows you to upload and share user generated Content with your friends, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and video that are of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends. It is not intended as a place for you to post third-party copyrighted content, such as the latest episode of a popular TV show or your favorite music video. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using ITK, you may not:
- Upload or share any photographs, videos or other Content other than original works that are created by you or another user.
- Post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party.
- Attempt to circumvent any content filtering techniques we may employ.
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like IntheNOLA.com. Therefore, you may not post or share Content that:
- is obscene, pornographic or sexually explicit.
- depicts graphic or gratuitous violence.
- makes threats of any kind or that intimidates, harasses, or bullies anyone.
- is derogatory, demeaning, malicious, defamatory, abusive, offensive, negative or hateful.
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want IntheNOLA.com to be a safe place on the internet. Therefore, in using IntheNOLA.com, you may not:
- violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense.
- impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
- use ITK to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- post or share any personally identifiable or private information of any third party.
- solicit passwords or personal information from anyone, including those under 18.
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site.
- engage in any predatory or stalking conduct.
This Content Code of Conduct is subject to change at any time at IntheNOLA.com’s sole discretion.