This agreement (“Agreement”) is a legal agreement between You (“You” or “Your”) and Iowa Hall of Pride Foundation, having its principal place of business located at 330 Park Street, Des Moines, Iowa 50309 (“Iowa Hall of Pride”, “We” or “Our”) and describes the terms and conditions under which You may upload content and use the services provided to You on Our website (“Website”).
BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
These Terms and Conditions apply to users of the Website and to contributors of Content on the Website. “Content” includes, but is not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials.
2. Your Content and Conduct
3. Reporting Claims of Copyright Infringement
Our designated Copyright Agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including but not limited to costs and attorneys' fees) under Section 512(f) of the DMCA.
Completed Counter-Notices should be sent to:[FIRST AND LAST NAME OF AGENT]
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including but not limited to costs and attorneys' fees) under Section 512(f) of the DMCA.
4. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IOWA HALL OF PRIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
5. Limitation of Liability
IN NO EVENT SHALL IOWA HALL OF PRIDE, 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 WEBSITE, (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 WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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 IOWA HALL OF PRIDE 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.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Iowa Hall of Pride, its 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 Website; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including but not limited to any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the Website.
7. Ability to Accept Terms and Conditions
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Iowa Hall of Pride without restriction.
You agree that: (i) the Website shall be deemed solely based in Iowa; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Iowa Hall of Pride, either specific or general, in jurisdictions other than Iowa. These Terms and Conditions shall be governed by the internal substantive laws of the State of Iowa, without respect to its conflict of laws principles. Any claim or dispute between You and Iowa Hall of Pride that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Polk County, Iowa. YOU WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS ARISING OUT OF YOUR USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Iowa Hall of Pride's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Iowa Hall of Pride reserves the right to amend these Terms and Conditions at any time and without notice, and it is Your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify Your assent to and acceptance of its revised terms. YOU AND IOWA HALL OF PRIDE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.