- ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of, including, but not limited to, supplemental terms and conditions set forth herein (“Supplemental Terms”) governing the use of certain specific material contained in ccalouisiana.com, sets forth the terms and conditions that apply to use of ccalouisiana.com, by User. By using CCA LA (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions herein. The right to use ccalouisiana.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. CCA LA shall have the right at any time to change or discontinue any aspect or feature of ccalouisiana.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- CHANGED TERMS
CCA LA shall have the right at any time to modify the terms and conditions applicable to User’s use of ccalouisiana.com, or any part thereof. Such modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ccalouisiana.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of ccalouisiana.com by User after such notice shall be deemed to constitute acceptance by User of such modifications.
- DESCRIPTION OF SERVICES
Through its Web property, ccalouisiana.com, CCA LA provides User with access to a variety of resources, including download areas, raffle information, news and updates, conservation information, CCA LA event information, educational information including but not limited to “STEM Y’all,” chapter information and chapter president listings, history of CCA Louisiana, CCA LA Mission Statement, artificial reef locations, floating island projects, REEF Louisiana projects, TAG Louisiana information, Protect our Surf Zone information, Outreach Program information, communication forums, and other product and service information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of ccalouisiana.com and all charges related thereto.
- USER CONDUCT
A. User shall use ccalouisiana.com for lawful purposes only. User shall not post or transmit through ccalouisiana.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any state or federal law, or which, without CCA LA’s express prior approval, contains advertising or any solicitation with respect to products or services of any kind. Any conduct by a User that in CCA LA’s sole discretion restricts or inhibits any other User from using or enjoying ccalouisiana.com will not be permitted. User shall not use ccalouisiana.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CCA LA .
B. ccalouisiana.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of ccalouisiana.com are copyrighted as a collective work under United States copyright laws. CCA LA owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CCA LA and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made and a link shall be provided to the full URL of original source page at ccalouisiana.com. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post, or otherwise make available on ccalouisiana.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ccalouisiana.com, User automatically grants and warrants that the owner of such material has expressly granted CCA LA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants CCA LA the rights to edit, copy, publish, distribute, or remove any material made available on ccalouisiana.com by User.
D. The foregoing provisions of Section 5 are for the benefit of CCA LA, its subsidiaries, subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- USE OF SERVICES
The Services may contain email services, social media services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or has received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduce displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines – which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
CCA LA has no obligation to monitor the Communication Services. However, CCA LA reserves the right to review materials posted to Communication Services and to remove any materials in its sole discretion. CCA LA reserves the right to terminate User’s access and block User’s IP address to limit access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. CCA LA reserves the right at all times to disclose any information as it deems necessary to satisfy any state or federal law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CCA LA’s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. CCA LA does not control or endorse the content, messages or information found in any Communication Services and, therefore, CCA LA specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized CCA LA spokespersons, and their views do not necessarily reflect those of CCA LA.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing CCA LA with current, complete, and accurate information as prompted by the applicable registration form. User will choose a password and a username. User is entirely responsible for maintaining the confidentiality of User’s password, username, and other account information. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify CCA LA immediately of any unauthorized use of User’s account or any other breach of security. CCA LA will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by CCA LA or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
- NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of CCA LA and/or its suppliers or vendors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such Software. The Software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, CCA LA hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, CCA LA may make available as part of the services or in its software products, tools and utilities for use and/or download. CCA LA does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
- NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) a link shall be provided to the full URL of original source page at ccalouisiana.com, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Use for any other purpose is expressly prohibited by law and may result in civil and criminal penalties.
CCA LA and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. CCA LA and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall CCA LA and/or its subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers or licensors be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. CCA LA and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
- NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall CCA LA and/or its subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates or its third-party content providers and licensors be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. User expressly agrees that use of ccalouisiana.com is at user’s sole risk. Neither CCA LA, its affiliates nor any of their subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers and licensors warrant that ccalouisiana.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from using ccalouisiana.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through ccalouisiana.com
B. ccalouisiana.com is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that CCA LA its subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers and licensors are not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
D. In no event will CCA LA, its subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers and licensors or any person or entity involved in creating, producing or distributing ccalouisiana.com or CCA LA software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use ccalouisiana.com user hereby acknowledges that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above neither, CCA LA, nor its subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers and licensors, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within ccalouisiana.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities (including but not limited to government-declared pandemics), pandemics, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications).
- LINKS TO THIRD PARTY SITES
The links in this area will let you leave CCA LA’s site. The linked sites are not under the control of CCA LA and CCA LA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. CCA LA is not responsible for webcasting or any other form of transmission received from any linked site. CCA LA provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CCA LA of the site.
- UNSOLICITED IDEA SUBMISSION POLICY
CCA LA its subsidiaries, board members, volunteers, employees, or vendors, suppliers, agents, affiliates and its third-party content providers and licensors do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CCA LA’s products or marketing strategies might seem similar to ideas submitted to CCA LA. If, despite our request that you not send us your ideas and materials, you still send them, please understand that CCA LA makes no assurances that your ideas and materials will be treated as confidential or proprietary.
CCA LA shall have the right, but not the obligation, to monitor the content of ccalouisiana.com, to determine compliance with this Agreement and any operating rules established by CCA LA and to satisfy any law, regulation or authorized government request. CCA LA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ccalouisiana.com. Without limiting the foregoing, CCA LA shall have the right to remove any material that CCA LA, in its sole discretion, finds that it violates the provisions herein or is otherwise objectionable.
CCA LA may terminate this Agreement at any time. Without limiting the foregoing, CCA LA shall have the right to immediately terminate User’s Account in the event of any conduct by User which CCA LA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for ccalouisiana.com established by CCA LA constitute the entire agreement of the parties with respect to the subject matter herein and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Louisiana, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- COPYRIGHT NOTICE
CCA LA logos are trademarks of CCA LA. All rights reserved. All other trademarks and logos appearing on CCA LA including those of CCA LA sponsors and supporters are the property of their respective owners.
The names of actual companies, sponsors, and supporters and their products and services mentioned may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
- PUBLICITY CONSENT AND ASSIGNMENT
I hereby grant CCA LA and its Affiliates permission to use and publicly display my name, image and likeness as well as any testimonials or other statements that I provide in any or all materials created by or on behalf of CCA LA (collectively, the “Materials”). I hereby acknowledge and consent to the use of any or all Materials by CCA LA and its Affiliates on their websites and for any other marketing or promotional purposes.
I acknowledge that I will receive no compensation from CCA LA other than any goodwill and publicity that I may receive relating to the publication, distribution or other use of the Materials and participation or viewing of the Activities. CCA LA may display, broadcast, reproduce, record, photograph, edit, create derivative works, license, and otherwise use the Materials in its sole discretion.
CCA LA shall own, and I hereby assign to CCA LA, my entire right, title, and interest, if any, in and to the Materials and all copyrights in the Materials. I acknowledge and agree that I have no right to review or approve Materials before they are used. I hereby irrevocably waive all legal and equitable rights relating to all claims arising directly or indirectly from CCA LA’s exercise of their rights under this agreement and the use of the Materials.