Terms and Conditions

Terms of Use for This Web Site

The Web site displayed at www.friendoflou.com is operated by The Greater Louisville Community Branding Project, is a joint effort of Greater Louisville Inc., the Greater Louisville Convention and Visitors Bureau, and the Louisville Metro Government (“The Greater Louisville Community Branding Project”). Your use of and access to this site is conditional upon your acceptance of these Terms of Use including our Privacy Statement. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Rights to Contents and Intellectual Property

The copyrights to all materials, content, and layout of this site (including text, user and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to the Greater Louisville Community Branding Project, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Web site, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this site, or make any derivative works from this site in any way without the Greater Louisville Community Branding Project’s express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this site is owned or licensed by the Greater Louisville Community Branding Project or its parents, affiliates, or subsidiaries, and may not be used by you without the prior written consent of the Greater Louisville Community Branding Project or the appropriate owner. Your use of this site does not grant you any right, title, interest, or license to any such intellectual property appearing on the site.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Use of this Site

The Greater Louisville Community Branding Project maintains this site for your personal entertainment, information, and education. You should feel free to browse the site and may download material displayed on the site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this site is prohibited except with the Greater Louisville Community Branding Project’s express prior written consent. All rights not expressly granted here are reserved to the Greater Louisville Community Branding Project.

You may not use any computer program tools including, but not limited to, Web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the site. Tools that use the site shall be considered agents of the individual(s) who control or author them.

No Warranties

The Greater Louisville Community Branding Project DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY.

The Greater Louisville Community Branding Project also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may effect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, text, images, video, or audio from the site or any linked sites.

Limitation of Liability

In no event shall the Greater Louisville Community Branding Project, its parents, affiliates, subsidiaries, and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this site. You acknowledge by your use of the site, that your use of the site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification

You agree to defend, indemnify, and hold the Greater Louisville Community Branding Project harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the site.

OnLine Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with This Site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. The Greater Louisville Community Branding Project will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material you transmit to the site by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. The Greater Louisville Community Branding Project cannot prevent the “harvesting” of information from this site, and you may be contacted by the Greater Louisville Community Branding Project or unrelated third parties, by email or otherwise, within or outside of this site. Anything you transmit may be edited by or on behalf of the Greater Louisville Community Branding Project , may or may not be posted to this site at the sole discretion of The Greater Louisville Community Branding Project and may be used by The Greater Louisville Community Branding Project or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Greater Louisville Community Branding Project is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this site, you accept that it will not be treated as confidential and may be used by the Greater Louisville Community Branding Project without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although the Greater Louisville Community Branding Project may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the site, the Greater Louisville Community Branding Project is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. The Greater Louisville Community Branding Project assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this site.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Site’s Copyright Agent:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Friend of Lou’s Copyright Agent for Notice Is:

We may give notice to our users by means of a general notice on our site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Greater Louisville Community Branding Project may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination

At its sole discretion, the Greater Louisville Community Branding Project may modify or discontinue the site, or may modify or terminate your account or your access to this site, for any reason, with or without notice to you and without liability to you or any third party.

Unaffiliated Products and Sites

Descriptions of, or references to, products, publications, or sites not owned by the Greater Louisville Community Branding Project or its affiliates do not imply endorsement of that product, publication, or site. The Greater Louisville Community Branding Project has not reviewed all material linked to the site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy

This site may provide, as a convenience to you, links to sites owned or operated by parties other than the Greater Louisville Community Branding Project. Each link to a Web site has its own terms and conditions of use, as described in that site’s legal notice / terms of use. Those terms and conditions may be different from these Terms of Use, and we urge you to read each Web site’s legal notice/terms of use carefully before you use that site. The Greater Louisville Community Branding Project does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. The Greater Louisville Community Branding Project does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

United States Governing Law; Void Where Prohibited

This site shall be governed by, and your browsing in and use of the site shall be deemed acceptance of and consent to, the laws of the State of Kentucky, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that the Greater Louisville Community Branding Project intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this site is void where prohibited. Your information will be transferred to the Greater Louisville Community Branding Project, located in the State of Kentucky, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

These Terms of Use are effective as of January 01, 2009

The Greater Louisville Community Branding Project, is a joint effort of Greater Louisville Inc., the Greater Louisville Convention and Visitors Bureau, and the Louisville Metro Government.

The Greater Louisville Community Branding Project
614 West Main Street, Suite 6000, Louisville, Kentucky, 40202

© 2009 The Greater Louisville Community Branding Project is a joint effort of Greater Louisville Inc., the Greater Louisville Convention and Visitors Bureau, and the Louisville Metro Government.

All rights reserved.