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Important: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using NOLA.Tv, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes; your continued use of this site, following the changes to these terms, will mean you agree to any changes.
1. ACCEPTANCE OF TERMS
NOLA TV (nola.tv) provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS
at any time at : http://nola.tv/about/tos.php. Your use of the site constitutes
your agreement to all such terms, conditions, policies and notices ( the "Agreement").
2. DESRIPTION OF SERVICE
NOLA TV provides users with access to a rich collection of information and
services. You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for NOLA TV to
provide the Service. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new
NOLA TV properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that NOLA TV assumes no
responsibility for the timeliness, deletion, misdelivery or failure to
store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or telecom
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. MODIFICATION TO SERVICE
NOLA TV reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that NOLA TV shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
NOLA TV may change, add or remove any part of this Agreement, or any other
terms associated with the use of the site, at any time, by posting a
notice of such changes to the Terms Of Service page of the web site. Any
changes shall become part of the agreement and shall apply as soon as such
a notice is posted. By continuing to use NOLA TV after the notice is
posted, you are indicating your acceptance of those changes.
4. SPONSERS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, sponsors, third parties or advertisers found on through the
Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with
such dealing, are solely between you and such sponsor, third party or
advertiser. You agree that NOLA TV shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such sponsors, third parties or
advertisers on the Service.
5. LINK
NOLA TV may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because NOLA TV has no control over such
sites and resources, you acknowledge and agree that NOLA TV is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content,
accuracy, quality, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree
that NOLA TV shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on or through any such site or resource.
6. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the Service is at your sole risk. The Service is provided
on an "AS IS" and "AS AVAILABLE" basis. NOLA TV expressly disclaims all
warranties of any kind, whether expresses or implied, including, but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
- NOLA TV makes no warranty that (I) the service will meet your
requirements, (ii) the service will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of the
service will be accurate or reliable, (iv) the quality of any products ,
services, information, or other material purchased or obtained by you
through the service will meet your expectations, (v) any errors in the
software will be corrected, (vi) or that this web site, its content, and
the servers on which the web site and content are available are free of
viruses or other harmful components.
- Any material downloaded or otherwise obtained through the use of the
service is done at your own discretion and risk and that 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
NOLA TV or through or from the Service shall create any warranty not
expressly stated in the TOS.
- This web site may contain various combinations of text, images,
audiovisual productions, opinions, statements, facts, articles, market
data, stock quotes or other information created by NOLA TV or by third
parties, due to the number of sources from which content in this site is
obtained, and the inherent hazards of electronic distribution, there may
be delays, omissions or inaccuracies in such content.
- Information created by third parties that you may access on the site or
through links is not adopted or endorsed by NOLA TV and remains the
responsibility of such third parties.
7. LIMITATION OF LIABLITY
You expressly understand and agree that NOLA TV shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if NOLA TV has been
advised of the possibility of such damages), resulting from: (I) the use
or inability to use the service; (ii) the cost of procurement of
substitute gods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions
entered into through or from the Service; (iii) unauthorized access to or
alteration of your transmission or data; (iv) statements or conduct of any
third party on the service; or (v) any other matter relating to the
service.
8. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of sections 6 and 7
may not apply to you.
9. TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without
limitation, names, logos, trademarks, service marks, images, articles,
columns, graphics, photographs, illustrations, artwork, audio clips, video
clips, software, and other elements making up the Service are protected by
copyrights and other intellectual property rights owned and controlled by
NOLA TV or by other parties that have licensed their material to NOLA TV.
Except as specifically provided herein, no online Materials may be copied,
reproduced, republished, downloaded, posted, transmitted, or distributed
in any way, or otherwise used for any purpose, without the prior written
permission of their respective owners. You may not add, delete, distort,
or otherwise modify any content on this site. Any unauthorized attempt to
modify any Online Material, to defeat security feature, or to utilize this
site for other than its intended purposes is prohibited.
NOLA TV, Adcetera and other NOLA TV logos and product and service names
are trademarks of NOLA TV. All other trademarks appearing on the Site are
trademarks of their respective owners and our reference to them does not
imply or indicate any approval or endorsement is expressly made. It is
understood that NOLA TV is a news and information site and service and
that references to other names and trademarks are necessary in the course
of providing news and commentary about subjects that this site covers.
NOLA TV will enforce its intellectual property rights to the fullest
extent of the law.
If you suspect that NOLA TV's content or trademarks are being misused
please contact legal@nola.tv as soon as possible.
10. NON-WAIVER
The failure of NOLA TV to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law contrary, any claim or course of
action arising out of related to use the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
11. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
12.VIOLATIONS
Please report any violations of the TOS to legal@nola.tv.
13. INDEMNIFICATION:
You agree to indemnify, defend and hold NOLA TV harmless from any claims
and expenses, including reasonable attorneys' fees, arising from or
related to any breach by you of any terms of this agreement.
14. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to NOLA TV regarding the
site, including without limitation, questions, comments, suggestions,
criticisms or the like ( "Received Materials") shall be deemed to be
non-confidential and free of any claims of proprietary or personal rights
unless you explicitly state in the correspondence that the letter is "not
for publication" and contains " private and proprietary" information that
may not be distributed. NOLA TV shall have no obligation of any kind with
respect to such Received Materials and NOLA TV will be free to reproduce,
use, disclose, exhibit, display, transform, edit, abridge, create
derivative works from and/or distribute the received materials without
limitation or restriction. Furthermore, NOLA TV is free to use any ideas,
concepts, know-how, or techniques contained in any communication you send
to NOLATV for any purpose whatsoever, including, but not limited to,
developing, manufacturing, and marketing products using such information,
without compensation or any other obligations to anyone, including you.
15. RESTICTIONS ON USE
You may not use NOLA TV or its content for any illegal purpose or in any
manner inconsistent with these Terms and Conditions. You agree to use NOLA
TV solely for your own noncommercial use and benefit and not for resale or
other transfer or disposition to any other person or entity.
16. SEVERABILITY
If any provision of this agreement is found invalid or unenforceable, the
provision will be enforced to the maximum extent permissible and the other
provisions of this agreement will remain in force.
17.ENTIRE AGREEMENT
This agreement and any other terms and conditions of service on
http://nola.tv/ constitute the entire agreement between you and NOLA TV
and govern your use of the Service.
18. REFUSAL OR DISCONTINUANCE OF SERVICE
NOLA TV reserves the right to refuse or discontinue service to any user
for non-compliance with these Terms and Conditions.
19. PUBLIC FORUM
The forum is an interactive medium, offered as a service from NOLA.Tv. By using it, you agree that you shall not upload to, distribute through, or otherwise publish through this site any content that is pornographic, illegal (this includes mp3s and wares) threatening, libelous, invasive of privacy or publicity rights, abusive, or which is in violation of another's copyright, trademark or other proprietary rights. You also agree to not post LINKS to other sites which contain such content.
By using the forum, you agree to obey all rules clearly stated here.
No messages, posts, and comments made on the Forum necessarily relfect the opinion of the owner of NOLA.tv.
20. OTHER PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of Louisiania, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orleans Parish and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These terms are an agreement between us relating to the subject matter herein.
I have read and understand this subscriber agreement and agree to be bound by all of its terms.
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