B. INTELLECTUAL PROPERTY
1. All content included on or in this Site, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of Gambit Communications and/or its third-party content providers. The “Gambit Weekly” and “Best of New Orleans” trademarks are trademarks of Gambit Communications. The business names, logos, slogans, trade dress and all other marks on this Site are the property of Gambit Communications or its third-party content providers. 2. You may use material from this Site only for your own personal, non-commercial use. Neither this Site nor any portion of this Site may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by Gambit Communications or under copyright law or other applicable law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from this Site. 3. If you believe in good faith that your copyrighted work has been reproduced on this Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by postal mail or email at the following address: Clancy DuBos, 3923 Bienville St., New Orleans, LA 70119 email: email@example.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.
C. SUBMISSION OF CONTENT BY USERS
In certain places, this Site may allow user to submit comments, forum or chat room entries, blog entries, letters to the editor, ideas, photos, videos, emails or other content - either directly to us or to us or the Site through third party service providers. While we generally would like to permit you to provide content to the Site or to our newspaper through the Site, there are certain restrictions on your providing content. They are as follows: 1. License: By submitting content, you grant Gambit Communications a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the content submitted - including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that Gambit Communications has the right to use your name and likeness in connection with Gambit Communications’ publication, display, modification, distribution or other use of such content. Gambit Communications is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to Gambit Communications (whether directly or through its third party service providers) for any purpose whatsoever without compensation or remuneration. 2. Standards: You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (”spam”); or (i) is tortious or criminal. 3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us. 4. Monitoring of Content / Removal: You agree that Gambit Communications has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Site. You further agree that Gambit Communications may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties. 5. Release: You agree that you are at least 18 years of age. You agree to release Gambit Communications (including, without limitation, the officers, directors, employees, shareholders, members, affiliates, successors, assigns, contractors, agents and attorneys of Gambit Communications, Inc.), and this newspaper from any and all liability and obligations whatsoever in connection with or arising from Gambit Communications’ use or non-use of content submitted by you or any third party. 6. Privacy: Other than as set forth in this Site’s Privacy Statement , Gambit Communications may treat any submission and/or communication between you and Gambit Communications as non-confidential and non-proprietary. In particular, letters to the editor, comments concerning stories, blog entries, information from sources, and similar submissions will not be considered confidential. 7. No Endorsement / Recommendation: Gambit Communications does not endorse, recommend, or take any responsibility for any content submitted to this Site by any advertisers, service provider, vendor, or other third-party, even if Gambit Communications displays such content.
D. DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
Gambit Communications has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site. Gambit Communications is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site. Viewing of any and all other Web sites shall be at your own risk.
F. PROHIBITION ON USE / ENFORCEMENT OF TERMS
Gambit Communications may at any time, for any reason, prohibit your further use in whole or in part of this Site. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against Gambit Communications for any failure by us to enforce this Agreement, whether against you or a third party. Gambit Communications’ failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
G. ACCESS LIMITS
Without Gambit Communications’ express consent, you may not: (a) link to this Site; (b) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts); or (c) frame any pages from the Site, place pop-up windows over pages of the Site, or otherwise affect the display of the Site’s pages. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site or its content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of Gambit Communications or its affiliates or contractors (”hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to Gambit Communications or this newspaper or by means of this Site any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. Gambit Communications grants you permission to link to this Site (without framing it), but may revoke this permission at any time for any reason.
H. YOUR ACCOUNT
In order to obtain certain products or services through this Site, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You may not provide inaccurate or incomplete information. You are responsible for any use of your account or this Site by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact Gambit Communications at once.
I. PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S. C. §230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Saety.com, www.safety.com.
J. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Gambit Communications (including, for purposes of this “Disclaimer of Warranties and Limitation of Liability” section of the Agreement, Gambit Communications, Inc. and its officers, directors, employees, shareholders, members, agents, affiliated companies, successors, assigns, third party contractors, attorneys, and any other party involved in creating, producing or delivering this Site or any of the content, products or services available on or through this Site) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. WITHOUT LIMITING THE FOREGOING, GAMBIT COMMUICATIONS MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE, AND/OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (ii) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE; (iv) THAT THE CONTENT OF THIS SITE DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF GAMBIT COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. GAMBIT COMMUNICATIONS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GAMBIT COMMUNICATIONS.
4. UNDER NO CIRCUMSTANCES SHALL GAMBIT COMMUNICATIONS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GAMBIT COMMUNICATIONS’ RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS - EVEN IF GAMBIT COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE THOUSAND DOLLARS ($1,000) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.
5. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. K. INDEMNIFICATION You agree to defend, indemnify, release and hold harmless Gambit Communications (including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of Gambit Communications, Inc.) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this website or its content. Gambit Communications reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gambit Communications in asserting any available defenses and will pay all of Gambit Communications’ attorneys’ fees and costs in such defense.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
M. GOVERNING LAW AND JURISDICTION
You agree that the laws of the State of Louisiana will govern this Agreement and your use of this Site. The state and federal courts of New Orleans, Louisiana, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site. You agree to waive any objection based on forum non conveniens or any objection to venue in New Orleans, Louisiana, of any such action.
N. INTERNATIONAL USE
Gambit Communications makes no representation that this Site (including the content, services or products provided on or through it) is appropriate for or available to locations outside the United States of America; and using this Site from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site is void where prohibited. Use of this Site is done at your own risk and you are responsible for compliance with all local laws.
O. INTEGRATION AND MODIFICATION
Except as otherwise specified herein, this Agreement constitutes the entire agreement between you and Gambit Communications with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and Gambit Communications with respect to this Site. You may not modify this Agreement other than by obtaining Gambit Communications’ signed, written consent to such a modification.
P. NOTICE / CONTACT
1. Gambit Communications can be contacted at the address listed in the “Contact Us” section of this Site
2. Legal notices shall be sent to Gambit Communications at the following address: Gambit Communications, Attention: Legal Department, 3923 Bienville St., New Orleans LA 70119. Notice will be considered given upon receipt.
3. Gambit Communications is entitled to assume that any address information that you provide to us is correct, and Gambit Communications may contact you at such address. Notice will be considered given when sent.
Copyright (c) 2007, Gambit Communications, Inc. All rights reserved.