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Copyright Policy
 

Terms and Conditions of Use
Last Modified May 2, 2013

Acceptance of Terms

New Orleans Tourism Marketing Corporation ("NOTMC") currently provides users with access to, and use of, information regarding various products and services on its websites currently located at goNOLA.com, FollowYourNOLA.com and NewOrleansOnline.com (the "Websites"). These Terms and Conditions of Use containing the terms, conditions, notices and agreements below (collectively, "Terms") govern your use of the Websites. In the event of any conflict between any one or more provisions in the Terms and in any other document or agreement between NOTMC and you related to a specific product or service offered on or through the Websites, the provision in the Terms shall govern.

Modification of Terms

NOTMC reserves the right to modify any of these Terms at any time and in its sole discretion. NOTMC will provide notice of such changes by posting the modified Terms on this page and by indicating above the date the Terms were last updated. By continuing to use the Websites, you are agreeing to all changes made by NOTMC. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITES.

Minimum Age

By using the Websites, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Websites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. NOTMC does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Websites and parents or legal guardians may not agree to these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Websites. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Websites. All billing and registration information provided by you through the Websites must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms.

Privacy Policy; Additional Terms

NOTMC's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Websites (collectively "Additional Terms") are incorporated herein by reference. For instance, the terms of use for any specific Website pages that allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms. To the extent that there is a conflict between these Terms and any Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern.

E-mail

By using the Websites and providing your e-mail address, you are consenting to receive e-mail from us unless you advise us in writing or by e-mail that you do not desire to receive e-mail from us. Please see NOTMC's Privacy Policy for further information.

Child Online Protection Act

Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as http://kids.getnetwise.org/tools. The preceding link is provided for information purposes only. NOTMC is not affiliated with getnetwise.org and this is not intended as an endorsement of getnetwise.org's Internet website, services, or policies.

Ownership

Except for material in the public domain under United States copyright law, the Websites, in their entirety, including all Website design, computer programs used to generate the Website pages, software, HTML code, Java applets, Active X controls and other code, Website design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, and the selection, arrangement, coordination, enhancement and presentation of said elements, and all other intellectual property rights (including service marks, and trademarks) in, on, and to the Websites are the sole property of NOTMC and/or its affiliates, licensors or content suppliers and are protected by United States and foreign copyright laws. By using the Websites, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or through the use of the Websites shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of NOTMC or any third party, except as expressly set forth and granted in the Terms.

Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Websites without the prior consent of the copyright owner. None of the material contained on the Websites may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of NOTMC. Violation of this provision may result in severe civil and criminal penalties. You may not transfer to or store any data residing or exchanged using the Websites in any electronic network for use by more than one user unless you obtain prior written permission from NOTMC.

You are granted a non-exclusive, non-assignable and non-transferable license to use the Websites only under the Terms. You may make single copies of materials displayed on the Websites for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Websites. It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the Websites. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from NOTMC or the copyright owner of the copied material.

NOTMC is the owner of all other intellectual property rights (including service marks, and trademarks) in, on, and to the Websites. Material published by NOTMC on the Websites may contain other proprietary notices or describe products, services, processes or technologies owned by NOTMC or third parties. Nothing in the Terms or through the use of the Websites shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of NOTMC or any third party, except as expressly set forth and granted in the Terms.

It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the Websites. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the Websites on any copy you make of the Information.

Linking to Our Websites

You may provide a hypertext link to any of the Websites on another website, provided that: (a) the link must be a text-only link, labeled with "followyourNOLA.com," "goNOLA.com," or "newsorleansonline.com" as applicable, (b) the link must "point" to the URL www.followyournola.com, www.neworleansonline.com or www.gonola.com, as applicable, and not to other pages, graphics or images within the Websites, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of NOTMC and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than NOTMC and its affiliates is associated with or sponsored by NOTMC or its affiliates, (e) the link, when activated by a user, must display the corresponding Website on a full screen and not within a "frame" on the linking website, and (f) you do not directly or indirectly cause any portion of any of the Websites to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. NOTMC and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms or providing notice to the operator of a website containing the link. You agree that all other hypertext links to the Websites must be expressly approved in advance, in writing, by NOTMC.

Third Party Websites

The Websites may contain hyperlinks or other connections to websites owned and/or operated by parties other than NOTMC. You understand, acknowledge, and agree that NOTMC does not control these websites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to websites operated by parties other than NOTMC is for convenience only and does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators. As noted above, NOTMC does not control such websites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such websites or the technology they implement. All use by you of such websites is at your own risk. NOTMC reserves the right to terminate such links at any time without notice. You should review the privacy policy and terms of use for each such website and confirm that they are acceptable to you before you register on or use that website. Because some websites employ automated search results or otherwise link users to websites that contain information that may be deemed inappropriate or offensive, NOTMC cannot be held responsible for the accuracy, legality or decency of material contained on such websites.

Accuracy of Materials

You understand and acknowledge that material and software published on the Websites, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that NOTMC is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the Websites may be changed or revised from time to time without notice.

User Responsibilities

The Websites may be used only for lawful purposes. As one of the conditions of your use of the Websites, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Websites for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the Websites by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Websites complies with the Terms.

Click-Through Agreements

Before using certain areas of the Websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

Personal Credentials

Certain features and areas of the Websites are available only with registration and login. If you are required to register and select a unique login and password ("Personal Credentials"), you must keep your Personal Credentials confidential, including taking appropriate measures to maintain their confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Credentials are personal to you and you may not allow any third party to use them under any circumstances. NOTMC is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Credentials. You must contact NOTMC immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Credentials, or otherwise wish to deactivate your Personal Credentials due to security concerns. In addition, you acknowledge that the security mechanisms of the Websites have inherent limitations, and you are solely responsible for determining if the use of the Websites sufficiently meets your needs.

Web Security Rules

Users are prohibited from directly or indirectly violating or attempting to violate the security of the Websites, including, without limitation,

  • Accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Use any device, software, or routine to interfere with the proper operation of, or any activities conducted on, the Websites or engage in any other any conduct that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Websites, including, without limitation, using any means, including overloading, "flooding", "mailbombing" or "crashing;"
  • Contain malicious code, including but not limited to computer viruses, Trojan horses, corrupted data, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment;
  • Forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Websites; or
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Websites other than the search engine and search agents available from NOTMC on the Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Google Chrome, Mozilla, Firefox, etc.).

Violations of Website or network security may result in civil or criminal liability. NOTMC will investigate occurrences that may involve violations of the use of the Websites and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the Websites.

Business Practices

You understand and agree that NOTMC is not responsible or liable in any way (directly or indirectly) for any content or materials posted by or on behalf of any advertiser or any advertiser's business practices (or any of the material posted or downloaded by any of them onto the Websites). Nothing on the Websites shall be directly or indirectly deemed to be an endorsement, representation, or warranty regarding any advertiser, or other third party, whether in connection to its website or otherwise. You understand and agree that you must evaluate and bear all risks associated with the use of any such content or material or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the content or any advertisement.

User Content

NOTMC may allow users to upload, post, transmit or otherwise provide content to the Websites, including, but not limited to, photos, video, audio, comments, articles, blogs, forums, information, messages, software, communications and any other material in which users provide content to the Websites (collectively referred to as "User Content"). You, not NOTMC, are entirely responsible for your User Content and that your failure to comply with any of the Rules Governing User Content will constitute a breach of these Terms.

Moreover, you understand that all User Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. NOTMC does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users and you agree that NOTMC has no responsibility for any User Content posted or transmitted via the Websites by others. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.

Rules Governing User Content

In consideration for being allowed to post, upload or contribute User Content via the Websites, you agree that you will not:

  • Disrespect the privacy and views of others;
  • Use any service offered via the Websites to stalk or harass another;
  • Use the Websites' communications features in a manner that adversely affects the availability of their resources to other users (for example, continuous posting of repetitive or duplicative text);
  • Use or provide User Content for commercial purposes (for example, the promotion of any specific goods or services);
  • Post, transmit or send any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the Websites or to any of their users;
  • Impersonate another person or entity or misrepresent your affiliation with a person or entity;
  • Delete or revise any material posted by any other person or entity;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising, creating, or in any way making up a part of the Websites;
  • Use or employ robots, spiders, Web crawlers, Web ants, worms, wanderers, Web agents and other "bots" to visit the Websites that are not Standard for Robot Exclusion-compliant robots;
  • Access the Websites by any means other than through the interface that is provided by us for use in accessing the Websites;
  • Access or use the Websites in order to collect information about Websites visitors or registered users;
  • Permit any other person to use your Personal Credentials to post or view User Content.

In addition, you agree that any User Content posted, uploaded or otherwise shared using the Websites will not:

  • Be obscene, profane, sexually explicit, adult-oriented, vulgar, libelous, slanderous, defamatory, harmful, threatening, abusive, hateful, harassing, tortious, misleading, fraudulent, illegal or knowingly false or inaccurate, bigoted, racially, ethnically or otherwise objectionable, harmful to minors in any way;
  • Encourage conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
  • Infringe on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
  • Violate the privacy or publicity rights of others;
  • Support or provide resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • Delete any attributions, legal notices or proprietary designations or labels.

Our License to User Content

NOTMC reserves the right to record, re-purpose or re-publish User Content on its Websites, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to NOTMC and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. For this reason, you should not transmit, post or send any User Content that contains any confidential, sensitive or nonpublic information. NOTMC does not guarantee that any personal information posted or transmitted will be prevented from being viewed, distributed, republished or otherwise used by any particular person.

Indemnification

You agree that you will hold harmless NOTMC, its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of NOTMC and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, the Websites or from the services rendered by NOTMC in conjunction with your use of the Websites. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from the Websites or another website to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your use of the content on the Websites, your use of the Websites, your connection to the Websites, your violation of these Terms, or your violation of any rights of any other third party. In no event will NOTMC, its affiliates or the contributors of content to the Websites be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Monitoring

NOTMC is under no obligation to monitor the User Content or any other material residing on or transmitted using the Websites. However, NOTMC shall have the right, but not the obligation, to monitor any User Content areas of the Websites to determine compliance with these Terms and any other operating rules that may be established by NOTMC from time to time.
Moreover, NOTMC reserves the right, but not the obligation, to investigate and act upon allegations of violations of the Rules Governing User Content and to delete any User Content for any reason, regardless of whether User Content violates these Terms. NOTMC further reserves the right to disclose any User Content, other content, records, user identification and other information, or electronic communication of any kind if we are required to do so by any law, regulation, court order, or subpoena, or if such disclosure is necessary or appropriate to operate the Websites or to protect NOTMC's rights or property, or the rights of the other Websites users, or our partners, affiliates, sponsors, providers, licensors, or merchants. You agree that NOTMC shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials regarding your use of the Websites or User Content provided by you using the Websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NOTMC MAKES NO WARRANTY THAT (a) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (b) THE WEBSITES, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTMC OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST NOTMC AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE WEBSITES FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE WEBSITES OR FOR ANY OTHER REASON.

NOTMC ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS AND INFORMATION POSTED ON THE WEBSITES BY OTHERS.

YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE WEBSITES.

Limitations of Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTMC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOTMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE WEBSITES (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (e) ANY OTHER MATTER RELATING TO EITHER THE WEBSITES SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

Exclusions from Liability Limitations

SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. FURTHER, IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN NOTMC'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF YOUR COST OF THE WEBSITES OR U.S. $100.00.

Compliance and Cooperation with Law Enforcement

You understand and agree that NOTMC shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials or authorities relating to your use of the Websites or material provided by you using the Websites.

You acknowledge and agree that NOTMC may preserve the User Content and may also disclose the User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property or personal safety of NOTMC, its users or any person.

Entire Agreement

The Terms represent the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the Websites or any content thereon. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Modifications of the Terms

NOTMC shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms on the Websites are the current applicable provisions that govern your use of the Websites. By using the Websites, you have agreed to and accepted all of the Terms without modification or reservation.

Termination of Privleges

NOTMC reserves the right to terminate your privilege to use any or all of the Websites if it determines, in its discretion, that you have breached any of these Terms or any applicable law or that it is potentially harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Without limiting any available remedies or the procedures set forth in the Copyright Policy, if NOTMC receives notice or has reason to believe, in its sole discretion, that you have posted User Content that infringes the rights of any other person under copyright, trademark, privacy, or publicity, or otherwise, NOTMC may terminate your access to the Websites, including all of your privileges or user accounts that you may have established in connection with the Websites.

Waiver

A waiver of any obligation or right under the Terms shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under the Terms.

Applicable Law

Our Websites are created and controlled by NOTMC in the State of Louisiana, U.S.A. As such, you agree that the substantive laws of the State of Louisiana will govern the interpretation and enforcement of these Terms, or any disputes that arise hereunder or relate in any way to the Terms, without giving effect to any principles of conflict of laws that might otherwise result in the application of the substantive laws of another jurisdiction.

Venue

You consent to the mandatory and exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the Parish of Orleans, State of Louisiana, United States of America.

Equitable Relief

You acknowledge that monetary damages may not be a sufficient remedy for the breach of the Terms and that NOTMC shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Terms by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed.

Prohibition of Use

The use of the Websites is unauthorized in any jurisdiction that does not give effect to all of the Terms. NOTMC makes no claims or representations that the Websites may be lawfully viewed or downloaded outside of the United States of America. Access to the Information may not be legal by certain persons or in certain countries. If you access the Websites from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws, regulations, rules and any other requirements (in whatever form) of your jurisdiction.

Miscellaneous

These Terms incorporate by reference any notices contained on the Websites and constitute the entire agreement with respect to your access to and use of the Websites. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of these Terms are found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of these Terms, which are intended to remain in full force and effect. NOTMC makes no representation that materials on the Websites are appropriate or available for use in other locations or jurisdictions, and accessing the Websites from jurisdictions where the contents of the Websites are illegal is prohibited. Visitors who choose to access the Websites from other locations do so at their own risk and are solely responsible for compliance with local laws.

Successors and Assigns

You agree that your heirs, successors and assigns shall be bound by the Terms.

User Materials

The Websites may permit the submission by you and other users of content such as photographs, images, text, video and other material ("User Materials") and the hosting, sharing, and/or publishing of such User Materials. You agree to be solely responsible for your User Materials and for any consequences associated with posting or publishing them.

In connection with User Materials, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize NOTMC to include your User Materials as contemplated by NOTMC and these Terms.

Copyright Policy

NOTMC respects the intellectual property rights of others and prohibits copyright infringing activities on its Website. If you are a copyright owner and you believe your rights have been infringed by User Materials or other content posted on our Websites, please review our Copyright Policy.

Copyright Notice

Copyright© 2013 New Orleans Tourism Marketing Corporation. All rights reserved. Any rights not expressly granted herein are reserved.

 
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