Effective as of 01/01/2019
The following terms shall have the following meaning:
“Application”: mobile or desktop application created by gayNOLA and made available to the public for download from a third-party platform or accessible from a web browser
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“Blog”: Internet Website enabling the publishing of content and the drafting of commentaries by the readers with an Internet diffusion.
“Access codes”: username and password used by the User together or separately to identify oneself and access the Services. The access codes are part of the User Account.
“End User”: Any person or entity who actually uses our Service(s).
“Order”: online subscription of our Service(s) whether for a fee or not.
“User Content”: any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
“Guest”: any person being invited by a User of the Service to provide or drop comments or publish as an Author, under the User’s responsibility.
gayNOLA provides an online service composed of tools enabling the End User to acquire and utilize information about the LGBTQ community in New Orleans and the surrounding community, as well as information concerning third party services, products, and events that may be of interest to our End Users. The use of the Service is submitted to the present Terms which equally apply to any End Users, Authors and/or Guests.
gayNOLA does not warrant the lifespan or the optimization of the Service for a said Internet browser nor for an operating system. gayNOLA doesn’t warrant the compatibility between an Application when such operating system and/or browser is upgraded.
The use of the Service requires the End User/Author/Guest to subscribe to an internet connection with proper hardware whose costs are independent from the gayNOLA Service and are your sole responsibility.
As part of the use of the Services, gayNOLA may send the End User a certain amount of information (newsletters, administrative mail, etc.). This information is part of the Services, and a User cannot refuse it unless the User has unsubscribed from the Services, which he or she may do at any time.
In order to access and use certain sections and features of our Services, you must first register and create an account with us (hereinafter a "gayNOLA Account", “Account ID”, "User Account" or simply "Account").
If anyone other than yourself, or a Guest, accesses your User Account and/or related settings, you understand that such person may perform any actions available to you, make changes to your User Account, and all such activities will be deemed to have occurred on your behalf and in your name. Consequently, we strongly encourage you to keep your Access Codes confidential, and allow such access only to trusted people.
You must provide complete, accurate and updated information for your Account when registering your User Account and using our Services. We may need to use this information to contact you. We strongly encourage you to provide your own contact details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or Content submitted to us. Each Guest shall likewise fill in such identification form to be able to act on the Application.
You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or Access Codes. You're solely responsible for any activity on your Account. gayNOLA shall not be liable for any acts or omissions by you in connection with your Account. You agree you will not sell, transfer, license or assign your account, username, or any account rights to anyone. You agree not to create an account for anyone other than yourself.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to terminate the Service to you, without liability to you or to any other party
You represent and warrant to us that:
You own all rights in and to any content provided by you, (uploaded, emailed, SMS, Facebook events, posts) including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
The User Content is true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your Application visitors and End Users reside.
You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
You may not post or upload via our Service any Content that is defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, or which otherwise violates the rights of any third party.
You may not use the Service for any illegal or unauthorized purpose or more generally in a manner that would affect or disrupt gayNOLA’s reputation or business, in the sole judgment and discretion of the gayNOLA evaluation team.
You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright, trademark, and privacy laws.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
You agree not to disparage the reputation of gayNOLA.
You further agree:
To receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify us at any time;
To allow us to use in perpetuity, worldwide and free of charge, any content you provided (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Application with respect to such limited permitted uses;
Not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Service, or any part thereof;
Not to purchase search engine or other pay per click keywords or domain names that use gayNOLA or GAY NOLA Trademarks and/or variations and misspellings thereof;
Not to probe, scan, or test the vulnerability of our Services or any network connected to our Services;
Not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of gayNOLA Services or systems or networks connected to the gayNOLA Services, or otherwise interfere with or disrupt the operation of any of the gayNOLA Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Not to remove or alter any copyright notices, restrictions and signs indicating proprietary rights of any of our licensors;
Not to use, copy -in whole or in part- any copyrighted materials and/or content provided by gayNOLA;
Not to reverse engineer or propose a service similar to gayNOLA, based on the gayNOLA technology such as offering a Do-It-yourself app building platform and/or service.
Not to impersonate any person or entity, including, but not limited to, someone of a different age (whether younger or older) or a gayNOLA official or moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
Not to upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Not to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
Not to disrupt the normal flow of any dialogue occurring on gayNOLA or otherwise act in a manner that negatively affects other Users’ ability to communicate or participate.
Not to “stalk” or otherwise harass another user or collect or store personal data about other Users.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your End User Account and/or any Services provided to you by gayNOLA– with or without further notice to you, and without any refund of amounts paid on account of any such Services.
You further acknowledge that gayNOLA may or may not pre-screen Content, but that gayNOLA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, gayNOLA and its designees shall have the right to remove any Content that violates the Terms or is otherwise deemed objectionable by gayNOLA, in its sole and absolute discretion.
gayNOLA cannot be held responsible for the deletion, the correction, the destruction, the damage, the loss or the inappropriate hosting of any Content. gayNOLA may withhold, remove and/or get rid of Content, without notice.
Content intellectual property: gayNOLA shall own all intellectual property pertaining to its Content, including but not limited to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by us. With respect to any of your Content, you hereby grant gayNOLA a royalty-free, perpetual, irrevocable, non-exclusive, and transferable right and license to use, sublicense, distribute, reproduce, modify, adapt, publish, translate, publicity perform and display your Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified in these Terms.
General Intellectual Property: All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work including Users feedback reviews and comments, source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, the trade dress of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to gayNOLA. Subject to your full compliance with these Terms and timely payment of all applicable Fees for our Services, we hereby grant you, upon creating your User Account and for as long as we wish to provide you with the Services, a nonexclusive, non-transferable, fully revocable, limited license to use our Services and related Intellectual Property, for the purpose of generating and displaying your User Content to end users, solely as expressly permitted under these Terms, and solely within the scope of our Services.
For the avoidance of doubts, these Terms do not convey any right or interest in or to gayNOLA’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of our Intellectual Property rights under any law or jurisdiction.
gayNOLA values and protects your Privacy. Certain parts of our Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using our Services, we may collect, access and use certain data pertaining to End Users, including the activities or navigation undertaken by End Users through our Services and/or User Application.
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an Event of Force Majeure.
For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good utility practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof. In particular and without any limitation, gayNOLA cannot be held liable if the performance of our obligation is obstructed, limited or impeded due to fire, explosion, network communication breakdown, collapse of hosting facilities, epidemic, earthquake, flood, electricity shortage, war, embargo, statute, order, demand from any government, strike, boycott, loss of telephone operator’s or hosting provider’s license, general loss of hosting services, or any other circumstance without reasonable gayNOLA’s control.
You may discontinue to use and request to cancel your User Account and/or any gayNOLA Services at any time, in accordance with the instructions available on our Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of any Paid Services shall be at the end of such Paid Services’ subscription period, end of the month for month to month contracts or end of the year term for annual contracts.
Failure to comply with any of our Terms and/or to pay any Fees due shall entitle gayNOLA to immediately suspend (until full payment is made) or immediately cancel your User Account and use of gayNOLA Services. gayNOLA reserves the right to refuse, limit or terminate access to the service to anyone should gayNOLA, in its sole discretion, consider that said client or user violates any provision of these Terms and Conditions or more specifically any of the above covenants.
Additionally, gayNOLA may, but has no obligation to, remove, edit, block, and/or monitor content, or accounts containing content that gayNOLA determines in its sole discretion violates these Terms and Conditions.
GAYNOLA PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND “AS AVAILABLE” BASIS. YOU THEREFORE AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAYNOLA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. GAYNOLA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR SERVICES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE. GAYNOLA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GAYNOLA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL GAYNOLA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAYNOLA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GAYNOLA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by gayNOLA from facilities in the United States of America. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the maximum extent permitted by law, User agrees to limit gayNOLA’s liability for the User’s damages to the sum of $100.00 or the amount that the User has paid to gayNOLA during the last 12-month period, whichever is lower. This limitation shall apply egardless of the cause of action or legal theory pled or asserted.
To the extent permitted by applicable law, you agree to defend (with legal counsel chosen by us), indemnify and hold harmless gayNOLA, and any of its parent company, officers, directors, members, managers, moderators, 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 Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH GAYNOLA MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
Governing Law & Venue. You agree that the Service shall be deemed solely based in New Orleans, Louisiana, United States of America. This Agreement shall be governed by the internal substantive laws of the State of Louisiana, without respect to its conflict of laws principles. Any claim or dispute between you and gayNOLA that arises in whole or in part from the Service shall be decided exclusively by the Civil District Court for the Parish of Orleans, State of Louisiana, and you submit to the exclusive jurisdiction of this Court. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with gayNOLA.
Informal Amicable Resolution. Before filing a claim against us, you agree to try and solve the dispute amicably by first emailing info@gayNOLA.com with a description of your claim. gayNOLA will try to resolve the dispute informally via email, phone or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or gayNOLA may then bring a formal proceeding.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
Notices. We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. All Legal notices to gayNOLA shall be sent to: Barcode Media LLC, 1000 Bourbon St. STE B-408, New Orleans LA 70116 (for updated contact go to: www.gayNOLA.com). For any other notice you may send us an email at contact@gayNOLA.com.
Assignment. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of gayNOLA. Any purported assignment or delegation by you without the appropriate prior written consent of gayNOLA will be null and void. gayNOLA may assign these Terms or any rights hereunder without your consent.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect.
Amendment. gayNOLA reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
No waiver. gayNOLA’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
No Third-Party Beneficiary Rights. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms do not confer any thirdparty beneficiary rights.