Last updated and effective: October 17, 2019
Bayou Place may revise these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree comply with all applicable laws and regulations. The materials provided on the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “user,” “you,” and “your” refer to all individuals and/or entities using or accessing the Services. When using particular services or features of the Services, separate guidelines, rules, or terms document may also apply to your use of that feature or service (“Additional Terms“) in addition to these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Through the Services, Bayou Place may provide internet access to its customers through its customer’s use of the Service on their device. Company does not guarantee the availability or performance of the Service or internet access, or that the Service or internet access will be available at Bayou Place. Moreover, the Service may only allow access to limited sites, platforms and apps.
Subject to your compliance with these Terms, Bayou Place grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable, non-commercial, revocable, license to access, view, download, print, and otherwise use the Services and the Content for your personal use on any device that you own or control. This license is revocable by Bayou Place at any time without notice and with or without cause.
Certain features of the Services may permit our users to post, upload, publish, submit, transmit or otherwise make available Content through the Services, whether or not a Registered User, or whether or not a user owns or created the Content, including all copyrights, inventions, and other intellectual property rights contained in such Content (“Submission”). By making a Submission through the Services, you hereby grant to Bayou Place and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as Bayou Place may designate from time to time (which may include any or all other users of the Services) an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such Submission, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, or for advertising or marketing of the Services, as well as a license to use your name and likeness (and any other indicia of persona contained in or provided in connection your Submission) in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of Bayou Place once you have submitted Submission within the Services.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Bayou Place. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Submission does not impose any confidentiality obligations on us. Notwithstanding the foregoing, Bayou Place is not required to use any Submission.
You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Bayou Place, exposes Bayou Place or any of its licensors, partners, or customers to any liability or detriment of any type.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Bayou Place does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to Bayou Place are included in the above license you grant to Bayou Place for any Submission.
In order to use or access certain Services or features of the Services, you may be asked to register for a user account (an “Account”) and become a registered user of the Services (a “Registered User”). When you become a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and you agree that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and (5) immediately notify Bayou Place of any unauthorized use of your Account. Failure to abide these Terms, including, without limitation, the restrictions above, may result in immediate termination of your Account.
You may not select or use an Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Bayou Place or any third party; or (4) that, in Bayou Place’s sole discretion, is offensive, vulgar, or obscene. Bayou Place reserves the right to refuse registration of an Account, or cancel any account name, in its sole discretion. Bayou Place maintains the right to suspend or disable your access to the Services and any Account you may have created, at its sole discretion and without prior notice to you, if you breach the Terms, or if Bayou Place otherwise determines such action is warranted. Bayou Place reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established an Account or are a Registered User.
Bayou Place encourages you to report any content on the Services that you believe infringes your rights. (Note that only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.) If you have a good faith belief that Content on the Services infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below to provide notice of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”).
Notifying Bayou Place of Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement or infringement of other intellectual-property rights, please provide Bayou Place’s designated agent (contact information below) with a written communication that includes the following (as required by the DMCA for complaints of copyright infringement):
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Please send your notice of claims of infringement of copyright or other intellectual property rights on or regarding the Services in writing to Bayou Place’s copyright agent:
Entertainment Consulting International, LLC
601 East Pratt Street, 5th Floor
Baltimore, MD 21202
Attn: DMCA Notification Dept.
Providing Bayou Place with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed based on a claim that it infringes another party’s copyright and you feel that your material does not constitute copyright infringement, you may provide us with a counter notification by written communication to our designated agent using the contact information above. Your counter-notification must set forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
The Services may contain links to third-party websites or resources, such as online stores, YouTube, Twitter, and Facebook. You acknowledge and agree that Bayou Place is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bayou Place of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that Bayou Place shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
Bayou Place may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice, liability to you. Bayou Place may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice and without liability to you.
Bayou Place reserves the right, in its sole discretion, to terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund (if applicable) or other liability, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
The Services are controlled and operated by Bayou Place from within the United States. Bayou Place makes no representations that the Services or any Content is appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Bayou Place, its licensors, their respective parents, subsidiaries, and affiliates, and all of their respective officers, directors, employees, agents, representatives, licensors, contractors, suppliers and any third-party information providers (collectively, the “Bayou Place Parties”) against all claims, losses, expenses, damages, liability, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses (including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers) arising out of or related use of the Services, violation of the Terms, violation of any right of Bayou Place or any other person or entity by you or any third party using your Account, login information, or password. Bayou Place reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Bayou Place in connection with our defense.
You acknowledge that Bayou Place has no control over, and no duty to take any action regarding: (1) which users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release Bayou Place from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Bayou Place makes no representations concerning any Content contained in or accessed through the Services, and Bayou Place will not be responsible or liable for the accuracy, copyright compliance, legality or decency of User Content contained in or accessed through the Services.
YOUR USE OF AND BROWSING OF THE SERVICES ARE AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BAYOU PLACE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BAYOU PLACE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND ANY WEBSITE WITH WHICH THEY ARE LINKED. THE BAYOU PLACE PARTIES DO NOT WARRANT THAT THESE SERVICES, OUR SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES), THAT YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BAYOU PLACE PARTIES ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ACCESSIBLE VIA THESE SERVICES, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. THE BAYOU PLACE PARTIES DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. NO OPINION, ADVICE, OR STATEMENT OF ANY BAYOU PLACE PARTY, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BAYOU PLACE PARTIES DO NOT WARRANT OR REPRESENT THAT USE OF CONTENT DISPLAYED VIA THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH BAYOU PLACE OR ITS LICENSORS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE BAYOU PLACE PARTIES EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SERVICES OR ANY WEBSITE WITH WHICH IT IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF FORESEEABLE AND EVEN IF THE BAYOU PLACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SERVICES IS TO STOP USING THE SERVICES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE BAYOU PLACE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE BAYOU PLACE PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AN BAYOU PLACE PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE BAYOU PLACE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE BAYOU PLACE PARTIES – PROVIDED THAT NOTHING IN THESE TERMS WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
These Terms are for the benefit of the Bayou Place Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce their provisions directly against you on its own behalf.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim between you and any Bayou Place Party arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved on an individual basis through binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us (collectively, the “Excluded Disputes”).YOU AND WE BOTH WAIVE ANY CLAIMS FOR PUNITIVE DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR REPRESENTATIVE BASIS, INCLUDING IN ANY EXCLUDED DISPUTE. FOR ANY DISPUTE OR CLAIM OTHER THAN AN EXCLUDED DISPUTE, YOU AND WE ALSO WAIVE THE RIGHT TO TRIAL BY JUDGE OR JURY.
You must first present any claim or dispute to us by contacting us in writing or by electronic mail, at the information provided in the “Contacting Us” section herein, to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved to your satisfaction within sixty (60) days. The arbitration of any dispute or claim shall be conducted by a sole arbitrator under the Streamlined Arbitration Rules & Procedures (“JAMS Rules”) of JAMS Inc. (“JAMS“) (or any successor to JAMS), as modified by these Terms. The JAMS Rules are available at www.jamsadr.com/rules-streamlined-arbitration. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. The federal or state law that applies to these Terms will also apply during the arbitration.
Unless you and we agree otherwise, any arbitration will take place in Baltimore, Maryland and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the JAMS Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the JAMS Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
All administrative fees and expenses of any arbitration will be divided equally between you and us, unless otherwise prohibited by law. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. IF THIS ARBITRATION CLAUSE OR THE CLASS ACTION WAIVER SET FORTH IN THESE TERMS IS DEEMED INAPPLICABLE OR INVALID, THEN YOU HEREBY AGREE THAT ANY DISPUTE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER BALTIMORE COUNTY, MARYLAND AND YOU HEREBY CONSENT AND WAIVE ALL OBJECTIONS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. However, you further agree that we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.
601 East Pratt Street, 6th Floor
Baltimore, MD 21202
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