Terms of Use


Terms & Conditions of Use of Louix.org (the "Site")

 

This Web site is provided by Louix Dor Dempriey Foundation ("Provider")

 

Acceptance

By registering with the Site, or using the Site in any way, you accept and agree to be bound by these Terms of Service (“Agreement”) without limitation or qualification.  Your access to and use of this site is subject to the following terms and conditions and all applicable laws.  If you do not wish to be bound by this Agreement, please discontinue use of the Site.  Continued use of the site constitutes an acceptance of this Agreement, and evidences your intent to be bound by this Agreement.

 

Application

This Agreement applies to all users of the Site, both registered and non-registered.  All users who contribute comments, feedback, or any other material (collectively referred to as "Content”) are bound by this Agreement.

 

Term

This Agreement begins on the date that you first use or register with the Site, and continues as long as you use the Site or maintain an account with Provider.

 

Capacity

By using the Site and accepting this Agreement, you affirm that you are at least eighteen (18) years old, or if between the ages of thirteen (13) and eighteen (18), possess legal parental or guardian consent.  You also affirm that you are fully able and competent to enter into the terms and conditions set forth in this and other agreements on this Site.  This site is not intended for those under thirteen (13) years old.  If you are not at least thirteen (13) years old, please discontinue use of the Site.

 

Acceptable Use Policy

  • You are hereby granted a limited, non-exclusive license to use the Site and view the Content.  This license is subject but not limited to the following limitations (the “Restrictions”):
  • You agree not to reproduce, modify, sell, redistribute, alter, or create derivative works from any part of the Site or the Content;
  • You agree not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
  • You agree not to use the Site or the Content to sell any goods or services, lawful or unlawful;
  • You agree not to post any Content that violates any copyrights, patents, trademarks, trade secrets, or any other intellectual property rights of others, or any Content that violates any law;
  • You agree not to use the Site in any tortious or unlawful manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
  • You agree not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code on the Site or the Internet, and
  • You agree not to circumvent any security-related features of the Site, including those designed to limit copying or reproduction of the Content.

Provider reserves the right, in its sole discretion, to remove any Content for any reason as it sees fit, including but not limited to, your violation of any law or any part of these terms and conditions.  The above Restrictions are not an exhaustive list, and if you are unsure as to whether an action or use is permitted, please contact Provider directly.  Provider’s right to remove content shall not constitute an obligation to monitor or exert editorial control over the Site.

 

Content Restrictions

Any Content posted by you is subject to these Terms of Use, and to the acceptance of Provider.  All Content you post on the Site shall automatically become the property of Provider.

By posting Content, you grant and assign all right, title, and interest therein to Provider, on a worldwide, exclusive, permanent, and royalty-free basis.  You shall, however, be and remain solely responsible for any and all Content that you post on the Site.  You affirm, represent, and warrant that you own or have the necessary licenses, permissions, and rights to all Content that you post, and the right to grant and assign those rights to Provider.

You represent and warrant that any and all Content posted by you shall adhere to the above Restrictions in the Acceptable Use Policy.

You represent and warrant that any and all Content you post is/will be free of any third-party copyrighted material, or material that is subject to any other third-party proprietary rights.  You represent and warrant that Provider will not need to obtain any licenses or pay any royalties to a third party in order to display Content you post.

Account Creation

In order for you to access certain features of the Site, you must create an account with Provider.  This Agreement and the Site’s Privacy Policy www.louix.org/privacy-policy/ govern the creation and use of such accounts.  You are solely responsible for activity that occurs through your account.  You are solely responsible for securing your account password.  Additionally, you are responsible for notifying Provider immediately of any breach of your account.

Account Termination Policy

Provider reserves the right to terminate and/or suspend your ability to access the Site, or any portion thereof, for any or no reason, at any time, without notice.  Provider may block any Content submitted by you if Provider determines that it is in breach of this Agreement, or that your conduct or Content would tend to damage Provider’s reputation or goodwill.  Provider may block your e-mail or IP address in order to prevent further registration. Upon termination, your Content may be deleted without notice.  Provider is not a content or data storage service, and should not be used or relied upon as a data backup solution.  Provider shall not be responsible for any lost Content.

You may delete or terminate your account at any time.  If you elect to have your account terminated, Provider shall not be responsible for lost Content.  In the event of termination, by either you or Provider, sections eleven (11) through (14) of this Agreement shall remain in effect.

Digital Millennium Copyright Act/Copyright Notifications

Provider may, in appropriate circumstances and at its discretion, suspend or terminate access and take other action against users that infringe the copyright of others.  If you are a copyright owner and believe that your work has been copied in a way that constitutes copyright infringement, you may notify Provider’s Copyright Agent of the following information at the address below, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3).

 

A valid notice must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site,
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material,
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted,
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:  Samantha Farber
Toll-free number (U.S.A.):  (888) 288-3735 (9am – 5pm PST)
International callers:  +1 (949) 288-6882 (9am – 5pm PST)
By e-mail: abuse@Louix.org

Warranty Disclaimer

THE SITE AND ALL CONTENTS THEREOF AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. USE OF THE SITE IS AT YOUR OWN RISK. PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENTS OF THE WEB SITE WILL BE ACCURATE, UP-TO-DATE OR OTHERWISE RELIABLE.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. OUR LIABILITY TO YOU, UNDER ANY LEGAL THEORY, SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU HEREBY SPECIFICALLY AFFIRM THAT PROVIDER SHALL NOT BE LIABLE FOR ANY CONTENT SUBMITTED BY YOU, OR THE DEFAMATORY, TORTIOUS, ILLEGAL, OR OFFENSIVE CONDUCT OF THIRD PARTIES AND THAT THE RISK OF HARM FROM SUCH CONDUCT RESTS ENTIRELY WITH YOU.

 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you.

Assignment

This Agreement, and any rights or licenses granted hereunder, may not be transferred or assigned by you without the express permission of Provider.  Any unauthorized assignments shall be deemed null and void.  Provider, its successors and assigns, shall have the unlimited right to assign this Agreement and other rights granted at any time without restriction.

 

Indemnity

You agree to indemnify Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, from your breach of this Agreement, or from any acts involving or arising from your use of the Site.

 

General Provisions

Governing Law:  This Agreement shall be governed by the laws of the state of California, United States of America, without regard to principles of conflict of laws.  The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.Dispute Resolution: Any dispute under this Agreement will be resolved by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect when the arbitration is filed (“Rules”). You and Provider waive any right to adjudicate any dispute in any other court or forum, except that you and Provider may seek interim relief before the start of arbitration as allowed by the Rules. The arbitration will be held in Orange County, California.   The award of the Arbitrator shall be binding upon the parties and may be enforced by any Court having competent jurisdiction.  You and Provider submit to the jurisdiction of the courts in Orange County, California to compel arbitration or to confirm an arbitration award, and agree to accept service of process in accordance with the Rules.

 

Entire Agreement:  The following documents are, by this reference, incorporated herein and made a part of this Agreement:

 

  • Terms of Service
  • Privacy Policy
  • Any other legal notices published by Provider on the Site

 

This Agreement constitutes the entire understanding between you and Provider concerning use of the Site and supersedes any prior agreements or understandings regarding the same.

 

Severability:  If any provision in this Agreement or the documents incorporated herein by reference are found to be unlawful, void, or otherwise unenforceable by a court of competent jurisdiction, then such provision will be deemed severable from the remainder, which shall remain in force.  You and Provider agree that the Arbitrator or Court (as the case may be) shall endeavor to give the fullest possible effect to the parties’ intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.

 

Successors, Third-party Beneficiaries:  This Agreement is binding on and shall inure to the benefit of both you and Provider, and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.  No third party shall have any rights hereunder.

 

Notices:  You hereby give consent to Provider to send all notices, information, updates, agreements, and modifications electronically.  Such communications shall be delivered by e-mail or shall be posted on the Site.

 

Modification:  Provider reserves the right, but undertakes no duty, to modify, amend, withdraw, suspend, or discontinue, either temporarily or permanently, at any time or from time to time any materials, information, or content available on the Site. Statute of Limitations:  You and Provider agree that regardless of any law or statute to the contrary, any action arising out of or related to the Site, Provider’s services, or this Agreement must commence within one (1) year after the cause of action accrues, without regard to the date the breach is discovered.  Otherwise, such cause of action is forever barred.

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