PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF SERVICE, DO NOT USE THIS WEBSITE.
The following Terms of Service govern all use of the NOLANewswire.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”). In addition, when using particular NOLA Newswire services, you agree to abide by any applicable posted guidelines for all NOLA Newswire services, which may change from time to time. NOLA Newswire has the right, but is not obligated, to strictly enforce the Agreement through any or all means.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your NOLA Newswire Account and Site – If you create or have an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and NOLA Newswire may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause NOLA Newswire liability. You must immediately notify NOLA Newswire of any unauthorized uses of your account or any other breaches of security. NOLA Newswire will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. NOLA Newswire services should not be used for unlawful purposes or promotion of dangerous or illegal activities. Your account may be terminated and you may be reported to appropriate authorities.
2. Responsibility of Contributors – If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or other. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company;
- the Content is true, accurate and up-to-date; and
- the Content is not false or misleading.
- You will hold NOLA Newswire free of any charges with regards to copyright infringements should the content you provided be copyright protected by a third party.
- You agree to defend, indemnify and hold harmless NOLA Newswire, its affiliates and their respective officers, directors, agents, employees and representatives for any and all losses, claims, liabilities, damages and expenses of any nature, including but not limited to attorney’s fees, court costs, judgments and settlement agreements arising out of or relating to (a) the Content, (b) your use of this website and/or services made available through this website and/or (c) your breach of these Terms of Service.
By submitting any Content to NOLA Newswire for publication or inclusion on the Website, you grant NOLA Newswire a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, copy and distribute the Content provided by you. You also agree that such Content is subject to use by third parties according to the terms of the Creative Commons License. If you delete Content, NOLA Newswire will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Furthermore, you acknowledge and agree that NOLA Newswire can’t and will not be responsible for removing Content from other website(s).
Without limiting any of those representations or warranties, NOLA Newswire has the right (though not the obligation) to, in NOLA Newswire’s sole discretion (i) refuse or remove any content that, in NOLA Newswire’s reasonable opinion, violates any NOLA Newswire policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in NOLA Newswire’s sole discretion.
Content submitted to NOLANewswire.com may be distributed to 3rd parties for added exposure, however, NOLANewswire.com is not under any obligation to do so. We do not allow the following content, but not limited to –
- Pornographic, adult or mature content not allowed.
- Libelous, defamatory, threats or hate promoting content not allowed.
- Copyright violations not allowed.
- Private and confidential personal information not allowed.
- Spamming, hacking, cracking, malware or viruses or related content not allowed.
- No content that is illegal, promotes illegal activity, or infringes on the legal rights of others
- Non-English content not allowed.
3. Responsibility of Website Visitors – NOLA Newswire has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, NOLA Newswire does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NOLA Newswire disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites – We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which NOLANewswire.com links, and that link to NOLANewswire.com NOLA Newswire does not have any control over those non-NOLA Newswire websites and webpages, and is not responsible for their contents or their use. By linking to a non-NOLA Newswire website or webpage, NOLA Newswire does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NOLA Newswire disclaims any responsibility for any harm resulting from your use of non-NOLA Newswire websites and webpages.
5. Copyright Infringement and DMCA Policy – As NOLA Newswire asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that your work is being infringed on this site, please notify our agent for claims of copyright or other intellectual property infringement at https://nolanewswire.com/contact. Your notice should: (a) identify with specific detail the material on the Website that you claim is infringing; (b) state that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) state under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. For faster response, we strongly recommend using the “Contact” link towards the bottom of the content pages. NOLA Newswire will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of NOLA Newswire or others, NOLA Newswire may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, NOLA Newswire will have no obligation to provide a refund of any amounts previously paid to NOLA Newswire, if any.
6. Intellectual Property – This Agreement does not transfer from NOLA Newswire to you any NOLA Newswire or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NOLA Newswire. NOLA Newswire, NOLANewswire.com, the NOLA Newswire logo, and all other trademarks, service marks, graphics and logos used in connection with NOLANewswire.com, or the Website are trademarks or registered trademarks of NOLA Newswire or NOLA Newswire’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NOLA Newswire or third-party trademarks.
8. Changes – NOLA Newswire reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NOLA Newswire may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination – NOLA Newswire may terminate your access to all or any part of the Website at any time and remove your content from the site, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your NOLANewswire.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing and any other agreement, if you have placed paid content on the Website, such content can be removed by NOLA Newswire if we determine in our sole discretion that your content violates our Terms of Service or you materially breach this Agreement and fail to cure such breach within twenty-four (24) hours from NOLA Newswire’s notice to you thereof, or after thirty (30) days of posting, whichever comes first; NOLA Newswire may also terminate all or part of the Website immediately as part of routine or necessary maintenance or a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. DISCLAIMER OF WARRANTIES – THE WEBSITE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. NOLA NEWSWIRE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY. NEITHER NOLA NEWSWIRE NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
11. LIMITATION OF LIABILITY – IN NO EVENT WILL NOLA NEWSWIRE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; or (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO NOLA NEWSWIRE UNDER THIS AGREEMENT DURING THE ONE (1) MONTH PERIOD PRIOR TO THE ALLEGED BREACH. NOLA NEWSWIRE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
13. Indemnification – You agree to indemnify and hold harmless NOLA Newswire, its officers, directors, agents, employees, its subsidiaries, affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, arising out of your use of the Website or NOLA Newswire Services, including but not limited to out of your violation of this Agreement.
14. Miscellaneous – You agree to use the Services for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software. This Agreement constitutes the entire agreement between NOLA Newswire and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of NOLA Newswire, or by the posting by NOLA Newswire of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Louisiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson Parish, Louisiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Louisiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NOLA Newswire may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Contact – If you have any questions about the Terms of Service, please contact us on the site’s contact page.