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TERMS OF USE & PRIVACY
Privacy Policy: Effective May 7, 2012
Our Commitment To Privacy
Lagniappe Marketing Group, LLC (Lagniappe) and New Orleans Unplugged take your privacy very seriously. In order to protect your privacy the following notice provides information on our practices including how we use information gathered on the website and how you can make choices regarding the use and collection of your information. This notice is available on every page of our website so you may review it at any time. By using this website you indicate your acceptance of the New Orleans Unplugged Privacy Policy.
Privacy Policy Changes
From time to time New Orleans Unplugged may need to make changes to this privacy policy and we reserve the right to make changes without prior notification; however, if we make any material changes to our privacy policy, we will notify you of such changes by posting the changes on our website. We may also notify you by sending you an email at the last email address you provided to us.
Children Under 13
New Orleans Unplugged does not knowingly collect any personally identifying information from anyone under the age of 13. Prior to sending any information over the internet about themselves (for instance, names, e-mail addresses, and phone numbers), children should always get permission from their parents. We encourage all parents to take an active interest in their children’s online website browsing.
Information We Collect
New Orleans Unplugged only collects personally identifiable information (such as your name, address, telephone number, email address etc.) if you expressly submit information to us on our website. Supplemental information may be collected through your participation in a survey, contest, or promotion. Please note that some features of the Site may be operated by third parties. These third parties may also obtain personally identifiable information from you in order to use their services. Please check their privacy policies for information about their privacy practices. Personal data does not include aggregated data or data that, by itself, does not permit the identification of an individual person. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the U.S.
Information Automatically Collected and Cookies
When you visit our website we collect information which is not personally identifiable and pertains to site usage. Information collected includes things such as your internet protocol (IP) address, browser settings, duration on site, and what pages were visited. The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. This information does not identify you personally and is used for gathering website statistics. The information we automatically collect and store in our logs about your visit helps us to analyze our website to continually improve the value of the materials available.
A cookie is a small piece of data stored on your hard drive. New Orleans Unplugged may use cookies in order to identify a user session but does not use cookies to link the user session to any personally identifiable information. You can control whether or not you accept or reject cookies through most browsers. Many cookies expire after a certain length of time, but you can also delete a cookie file at any time. Though you may delete cookies or not accept cookies through your browser, certain website features may not function properly without cookies.
Third-Parties
We do not share information with third parties for marketing purposes, or any other purposes, without your express consent.
Transfers of Information for Legal Purposes
New Orleans Unplugged is in the United States of America ("U.S.") and will process and store your information in the U.S. As a result, U.S. governments, courts, law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the U.S. Lagniappe and New Orleans Unplugged may be required to disclose certain information to comply with a legal requirement, such as a subpoena, search warrant, law, regulation, or court order as part of a legal proceeding or a law enforcement agency request.
Links to Other Websites
New Orleans Unplugged may contain links to other sites. New Orleans Unplugged does not have control over their information gathering practices and visitors should consult privacy policies for those sites.
How to Access to Change Your Information
You can contact us, as well as review, update or make changes to your contact information (i.e., name, address, phone number) by emailing us at info@neworleansunplugged.com. Or, you may write to us expressing your request: New Orleans Unplugged, P.O. Box 750461, New Orleans, Louisiana 70175.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Your California Privacy Rights
As part of California's "Shine the Light" law, Section 1798.83 of the California Civil Code, users who are residents of California are permitted to request and obtain from us, once per year, free of charge, information about any Personal Information, if any, that may have been disclosed to third parties in the preceding calendar year for direct marketing purposes.
If you are a California resident and are interested in making this request in writing, please submit it to the following address: New Orleans Unplugged, P.O. Box 750461, New Orleans, Louisiana 70175 or email us at info@neworleansunplugged.com
Terms of Use
This Terms of Use agreement (the Agreement) describes the terms and conditions on which the Lagniappe Marketing Group, LLC (Lagniappe) offers you access to our sites and services, and constitutes a legal agreement between you and Lagniappe.
Introduction
Welcome to NewOrleansUnplugged.com. By viewing, interacting with, submitting information to, or otherwise using New Orleans Unplugged (including NewOrleansUnplugged.com and its related sites, services and tools) you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use our sites, services or tools.
Use of New Orleans Unplugged sites, services and tools is also governed by the New Orleans Unplugged Privacy Policy, which is incorporated into this Agreement by reference. By accepting this Agreement, you agree that this Agreement and the New Orleans Unplugged Privacy Policy will apply whenever you use New Orleans Unplugged sites or services or when you use the tools we make available to interact with New Orleans Unplugged sites and services.
Using New Orleans Unplugged
While using New Orleans Unplugged sites, services and tools, you will not:
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violate any laws, third party rights or our policies;
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use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
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post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
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transfer your New Orleans Unplugged account and ID to another party without our consent;
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distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
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distribute viruses or any other technologies that may harm New Orleans Unplugged or the interests or property of New Orleans Unplugged users;
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copy, modify or distribute rights or content from the New Orleans Unplugged sites, service or tools or New Orleans Unplugged's copyrights and trademarks; or
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harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing New Orleans Unplugged
Lagniappe and the New Orleans Unplugged community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content, and policy violations to us.
Lagniappe works to ensure that content on New Orleans Unplugged does not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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Identify the copyrighted work you claim has been infringed, or, if you are notifying us of the infringement of multiple copyrighted works, a representative list of those works;
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Identify the material on the New Orleans Unplugged website that you claim is infringing with enough detail that we may locate it on the website;
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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Your physical or electronic signature;
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Information reasonably sufficient to allow us to contact you, such as an address, telephone number, and email address; and
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A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
Our designated copyright agent to receive notifications of claimed infringement is: K. Duncan Phone: 504-346-2998, Email: admin@neworleansunplugged.com. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to info@neworleansunplugged.com. You acknowledge that if you fail to comply with all of the requirements of outlined above, your DMCA notice may not be valid.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to modify or discontinue New Orleans Unplugged sites, services or tools.
Your Account
In order to obtain certain products or services through our 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 our 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 New Orleans Unplugged at once.
Fees and Services
There is no access or service charge for browsing our site. We may charge fees for other services. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us or retaining collection agencies and legal counsel).
Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on the New Orleans Unplugged website are the sole responsibility of the person from whom the Content originated. You are entirely responsible for each individual item of Content that you post, email or otherwise make available through the New Orleans Unplugged website. You understand that Lagniappe does not control, and is not responsible for Content made available through our website, and that by using our website you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Our website may contain links to other websites which are completely independent of New Orleans Unplugged and Lagniappe. Lagniappe makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any other site. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any Content. You agree that you may not rely on any Content, and that under no circumstances will Lagniappe be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available through our website.
You agree not to post, email, or otherwise make available Content:
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that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant New Orleans Unplugged all of the license rights described below;
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that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
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that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity, except for Content that constitutes lawful non-deceptive parody of public figures; or
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that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
You acknowledge that we do not pre-screen or approve Content, but that we have the right (but not the obligation) in our sole discretion to remove any Content that is available on our website for violating the letter or spirit of this Agreement or for any other reason.
When you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the Content, in any media known now or in the future.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE NEW ORLEANS UNPLUGGED WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE NEW ORLEANS UNPLUGGED WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LAGNIAPPE, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH YOUR USE OF THE NEW ORLEANS UNPLUGGED WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION:
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ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE NEW ORLEANS UNPLUGGED WEBSITE AND SERVICES;
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ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEW ORLEANS UNPLUGGED WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE NEW ORLEANS UNPLUGGED WEBSITE;
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ANY WARRANTIES FOR VIRUSES, BUGS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE; AND
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ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE.
Some jurisdictions do not allow the disclaimer of implied warranties, so such disclaimers may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LAGNIAPPE 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 LAGNIAPPE’S 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 LAGNIAPPE 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.
Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you.
Release
If you have a dispute with one or more users, you release us (and our members, managers, officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You agree to defend, indemnify and hold harmless Lagniappe, its members, managers, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the New Orleans Unplugged website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the New Orleans Unplugged website.
Privacy
It is our policy to respect and protect the privacy of our users. We do not sell or rent your personal information to third parties for their marketing purposes. We use your information only as described in the New Orleans Unplugged Privacy Policy. For a complete description of how we use and protect your personal information, see the New Orleans Unplugged Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Legal Disputes
This Agreement shall be governed in all respects by the laws of the State of Louisiana as they apply to agreements entered into and to be performed entirely within Louisiana between Louisiana residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Lagniappe must be resolved exclusively by a state or federal court located in Orleans Parish, Louisiana, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Orleans Parish, Louisiana for the purpose of litigating all such claims or disputes.
General
Lagniappe Marketing Group, LLC can be contacted at P.O. Box 750461 New Orleans, Louisiana 70175. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. We may notify you of an amendment to this Agreement by sending you an email at the last email address you provided to us. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Disclaimer of Warranties, Limitation of Liability, Indemnity and Legal Disputes.
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