Please view the following terms and conditions for using this site.
Welcome to the official Lousiana Music Hall of Fame (LMHOF) website.
3. Use of the Site
b. You may not use the Site for any of the following purposes: (i) infringing the rights of, restricting or inhibiting anyone else’s use and enjoyment of the Site; (ii) disseminating any unlawful or otherwise objectionable material; and/or (iii) gaining unauthorized access to our computer systems or otherwise breaching applicable laws or regulations.
c. IF YOU ARE UNDER 18 – PLEASE GET YOUR PARENT’S OR GUARDIAN’S PERMISSION BEFORE USING ANY INTERACTIVE FEATURES OF THE SITE (E.G. UPLOADING ANY CONTENT TO THE SITE). NEVER REVEAL ANY PERSONAL INFORMATION ABOUT YOURSELF OR ANYONE ELSE (E.G. YOUR TELEPHONE NUMBER, HOME ADDRESS OR EMAIL ADDRESS).
4. Copyright and intellectual property
b. Except to the extent otherwise specifically indicated on the Site, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Materials in any way without the prior written consent of LMHOF or (as applicable) the owner of the relevant intellectual property rights.
c. The Site is provided for your personal, non-commercial use only. Any Materials that are specifically permitted for your use are made available solely for your personal, non-commercial use and solely for the purposes stated on the relevant part of the Site. You also agree to comply with any restrictions on downloading or other use of Material(s) stated on the relevant part of the Site and agree not to modify, adapt or create a derivative work from any Material(s) except to the extent specifically permitted and except solely for your personal, non-commercial use. Each of the above references to “personal, non-commercial use” specifically excludes (without limitation): (i) publishing, publicly displaying or otherwise communicating to the public the relevant Material(s) (e.g. via the internet) for any purposes whatsoever; and (ii) use of the relevant Material(s) in promotional or marketing materials for your business (whether in hard-copy form, electronically or otherwise).
d. Requests for written consent to use Materials should be directed to the Marketing Department, LMHOF (email@example.com). Please give details of your intended use of the relevant Material(s) and include your contact details: your name, address, telephone number, fax number and email. Before contacting us, please read our guidelines on Use of the Games’ Marks.
e. The Site is maintained, controlled and operated by us from our facilities in the United States of America, and we make no representation that the Materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.
5. Linking policy
a. Links to the Site. You may create your own link to the Site, provided that your link is in a text-only format. You may not use any link to the Site as a method of creating an unauthorized association between an organization, business, goods or services and LMHOF, and agree that no such link shall portray us or any other official LMHOF organizations (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. The use of our logo or any other LMHOF Mark(s) as a link to the Site is not permitted. View our guidelines on Use of the LMHOFs’ Marks.
b. Links from the Site. We restrict links from the Site to links to the websites or web pages of certain associated and supporting organizations. We are not responsible for the contents or reliability of any website or web page to which the Site (or a linked website) is linked and do not necessarily endorse the views expressed within them. Linking to or from the Site does not constitute or imply any endorsement, authorization or association of any kind. We cannot guarantee that links will always work, and we have no control over the availability of the linked pages.
6. User-generated content
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING ANY CONTENT TO THE SITE. IT GIVES US, OUR SUCESSORS AND USERS OF THE SITE PERMISSION TO USE SUCH CONTENT. IT ALSO GIVES US AN OPTION TO ACQUIRE OWNERSHIP OF SUCH CONTENT ON THE TERMS DESCRIBED BELOW. SUBJECT TO SUCH PERMISSION AND SUCH ACQUISITION (IF ANY), YOU RETAIN OWNERSHIP OF SUCH CONTENT.
a. We may now or in the future permit users of the Site (“Users”) to upload, post, submit, email, distribute, publish, transmit and/or otherwise communicate to or via the Site (“upload”, related words to be construed accordingly) Materials provided by such Users (“User-generated Content” or “UGC” for short). For example, such UGC facilities may take the form of: (i) downloads available for customization by individual Users and sharing with other Users via the Site; (ii) an interactive, online (and/or possibly offline) social network; and/or (iii) a UGC-focussed digital (and/or possibly terrestrial) television channel. You acknowledge that, whether or not such UGC is uploaded to any such facility, we cannot guarantee its confidentiality. We shall not be liable for any lost data resulting from your use of the Site. We urge you to retain your own back-up versions of any UGC that you upload.
b. By uploading any UGC, and in consideration of our making available to you the opportunity to upload UGC (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant the following rights:
(i) you grant to us and to each of our successors in title, assignees and licensees in respect of such UGC (“Successors”) a non-exclusive, worldwide, sub-licensable and royalty-free license of the entire right, title and interest in and to such UGC in order that we and each Successor may use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise communicate to the public (“utilize”) such UGC (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website operated by, and in any promotional materials produced by, us or any of our Successors) for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter (to the fullest extent possible) in perpetuity;
(ii) you grant to us and each Successor each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by us and our Successors throughout the world to utilize such UGC in accordance with the above license and grant of rights;
(iv) in connection with the permitted use of such UGC in accordance with the above licenses and grants of rights: (A) you hereby waive, or warrant that you have procured the waiver of, in favor of us, each Successor and each User all so-called “moral rights” or similar rights now existing or created in the future in any part of the world in respect of such UGC; and (B) you grant to us, each Successor and each User the non-exclusive, royalty-free right to utilize any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you; and
(v) you grant us an option (“Option”) to acquire the exclusive rights to utilize such UGC in all media by way of an assignment by you to us with full title guarantee of the entire right, title and interest in and to such UGC to hold to us and our Successors absolutely and throughout the world for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter (to the fullest extent possible) in perpetuity (“Assignment”), which Option we may exercise on giving you notice by email within 90 days from the date on which you upload the UGC, and you agree that: (A) during that 90-day period and for 30 days thereafter, you will not utilize or authorize anyone else to utilize such UGC in any commercial medium or in any public, non-commercial medium without our prior written consent; (B) within 30 days following our giving such notice, you and we shall negotiate (both acting in good faith and reasonably) on an exclusive basis a sum to be paid to you in consideration of the Assignment (“Option Sum”); (C) if the Option Sum is not agreed within such 30-day period, we shall thereafter have a right of last refusal, under which (1) you will give us written notice by email setting out the proposed terms of any bona fide third-party offer to acquire any exclusive rights in such UGC, (2) we shall have a 30-day period in which to acquire the same on the same terms and (3) if we decline, you may only enter into such third-party agreement subject in all applicable respects to our and our licensors’ proprietary rights and then on the exact terms offered; and (D) in the event that the Option Sum is agreed, you shall promptly following our request sign a written confirmation of the Assignment, which shall include, without limitation, the grant to us of the exclusive and unfettered right: (1) to assign or transfer any or all rights in such UGC to any third party; (2) to grant unlimited licenses in respect of such UGC; (3) to make unlimited derivative works from such UGC; (4) to use such UGC in any merchandising, advertising, marketing or promotion; and (5) to use such UGC for any other commercial or non-commercial purpose.
c. For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your UGC (and in any reproductions of the same) as vest in you, unless you enter into the Assignment described above in return for our paying you the Option Sum, in which case we shall acquire ownership of such UGC. IF YOU DO NOT WANT TO GRANT THE RIGHTS SET OUT ABOVE, PLEASE DO NOT UPLOAD YOUR UGC TO THE SITE.
e. In connection with UGC, you shall not impersonate another person and shall not upload any UGC that:
(ii) is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable; or
(iii) represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, us, any of our Successors or any third party (or such persons’ activities, products and/or services); or
(iv) is directly or indirectly commercial or contains any advertisement, promotion or solicitation of business, except in any areas specifically designated for such purpose; or
(v) contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
g. You acknowledge that, when using the Site, you may be exposed to UGC from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness or safety of such UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in such UGC, and we disclaim any and all liability in connection with UGC.
h. While we look forward to receiving UGC when we specifically ask for it, IT IS OUR POLICY NOT TO ACCEPT OR CONSIDER IDEAS, CONCEPTS, SUGGESTIONS OR OTHER COMMUNICATIONS OR MATERIALS OTHER THAN THOSE THAT WE HAVE SPECIFICALLY REQUESTED AND THEN SUBJECT TO ANY SPECIFIC TERMS, CONDITIONS AND REQUIREMENTS THAT MAY APPLY TO THEM. This is to avoid any misunderstandings if your ideas etc. are similar to those that we have developed or are developing independently. Accordingly, you agree that unsolicited UGC will be treated as non-confidential and non-proprietary.
7. Removal of Materials
a. We are entitled at our option, but not obliged, to pre-screen and/or pre-moderate any UGC uploaded by you or other Users, along with any other Materials. We reserve the right in our sole discretion: (i) not to post UGC on the Site; and (ii) to remove, or to suspend or disable access to, Materials at any time without liability and with or without prior notice. In particular, we do not permit infringement of third-party rights on the Site, and we shall remove, or suspend or disable access to, any Materials if properly notified that such Materials infringe third-party rights.
b. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes your rights and you wish us to remove such Material from the Site or to suspend or disable access to it, please send us a notice by email with the subject line “Removal request” and provide us with the following information:
(i) an electronic or physical signature of the rights-owner or a person duly authorized to act on behalf of the rights-owner;
(ii) details of the proprietary material that is claimed to have been infringed (or, if multiple proprietary materials on the Site are to be covered by a single notification, a representative list of such materials);
(iii) details of the Material that is claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit us to locate the Material (including a URL and/or screen shot);
(iv) information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an email address; and
(v) a statement by you that: (A) you believe in good faith that use of the Material in the manner complained of is not authorized by the rights-owner or the rights-owner’s agent or by law; (B) the information in the notification is true and accurate; and (C) you are the rights-owner or are duly authorized to act on the rights-owner’s behalf.
8. Information on the Site
While we endeavor to provide accurate and up-to-date information on the Site, it is provided for information purposes only, without any guarantee, warranty, representation or endorsement of any kind as to its accuracy or completeness or otherwise (whether express or implied), and it does not constitute professional or legal advice.
9. Advertising and sponsorship
Part of the Site may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that Materials submitted for inclusion on the Site comply with relevant laws, regulations and codes. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship Materials.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY). YOUR USE OF THE SITE AND/OR THE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
11. Limitation of liability
a. THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. IN NO EVENT SHALL WE OR ANY OF OUR SUCCESSORS BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (WHETHER FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (SUCH AS LOSS OF BUSINESS, PROFITS, DATA OR GOODWILL). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, NOR DO WE WARRANT OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY AND RELIABILITY OF THE MATERIALS.
14. Governing law and jurisdiction