Terms and Conditions
Your User Agreement
The following describes the terms on which Fleur de League offers you access to our services.
Introduction
Welcome to Fleur de League. By using Fleur de League (including FleurDeLeague.com and its related sites, services and tools) you agree to the following terms with the Junior League of New Orleans, Inc. (JLNO).
Before you may become a member of the Fleur de League online community (Community) or use any of Fleur de League's websites or services, you must read and accept all of the terms in this User Agreement and the JLNO Fleur de League Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and the JLNO Fleur de League Privacy Policy will apply whenever you use Fleur de League sites or services or when you use the tools we make available to interact with Fleur de League sites and services.
Using Fleur de League
While using Fleur de League sites, services and tools, you agree not to:
• violate any laws, third party rights or our policies;
• use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
• fail to deliver payment for items purchased by you;
• fail to deliver items purchased from you;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• transfer your Fleur de League account and User ID to another party without our consent;
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Fleur de League or the interests or property of Fleur de League users;
• copy, modify or distribute rights or content from the Fleur de League sites, service or tools or Fleur de League's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Fleur de League
JLNO and the Fleur de League Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
JLNO works to ensure that listed items on Fleur de League do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• Identify the copyrighted work you claim has been infringed, or, if you are notifying us of the infringement of multiple copyrighted works, a representative list of those works;
• Identify the material on the Fleur de League website that you claim is infringing with enough detail that we may locate it on the website;
• 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;
• Your physical or electronic signature; • Information reasonably sufficient to allow us to contact you, such as an address, telephone number, and email address; and
• A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
Our designated copyright agent to receive notifications of claimed infringement is: Holley Payne, Junior League of New Orleans, 4319 Carondelet Street, New Orleans, LA 70115 Phone: 504-891-5845, Fax: 504-897-9496, Email: info@jlno.org. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to fleurdeleague@jlno.org. You acknowledge that if you fail to comply with all of the requirements of outlined above, your DMCA notice may not be valid.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to modify or discontinue Fleur de League sites, services or tools.
Fees and Services
There is no access or service charge for browsing the Classifieds Section or making purchases from the online Boutiques. We do charge fees for other services, including posting a Classified listing and opening and maintaining an online Boutique. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us or retaining collection agencies and legal counsel).
Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on the Fleur de League website are the sole responsibility of the person from whom the Content originated. You are entirely responsible for each individual item of Content that you post, email or otherwise make available through the Fleur de League website. You understand that JLNO does not control, and is not responsible for Content made available through our website, and that by using our website you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Our website may contain links to other websites which are completely independent of Fleur de League and JLNO. JLNO makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any other site. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any Content. You agree that you may not rely on any Content, and that under no circumstances will JLNO be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available through our website.
You agree not to post, email, or otherwise make available Content:
• that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fleur de League all of the license rights described below;
• that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity, except for Content that constitutes lawful non-deceptive parody of public figures; or
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
You acknowledge that we do not pre-screen or approve Content, but that we have the right (but not the obligation) in our sole discretion to remove any Content that is available on our website for violating the letter or spirit of this User Agreement or for any other reason.
When you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the Content, in any media known now or in the future.
Disclaimer of Warranties
You agree that your use of the Fleur de League website is entirely at your own risk. The Fleur de League website and services are provided on an "as is" or "as available" basis, without any warranties of any kind. To the fullest extent permitted by law, JLNO, its officers, directors, employees and agents disclaim all express and implied warranties in connection with your use of the Fleur de League website, including without limitation:
• any warranties for the security, reliability, timeliness, accuracy and performance of the Fleur de League website and services;
• any warranties for services or goods received through or advertised on the Fleur de League website, or accessed through any links on the Fleur de League website; and
• any warranties for viruses, bugs, trojan horses or other harmful components which may be transmitted to or through our website.
Some jurisdictions do not allow the disclaimer of implied warranties, so such disclaimers may not apply to you.
Limitation of Liability
You will not hold JLNO or its officers, directors, employees or agents responsible for other users' Content, actions or inactions, or products they advertise. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. To the fullest extent permitted by law, we are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our website, services and tools.
Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you.
Release
If you have a dispute with one or more users, you release JLNO (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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." What about other similar laws of other states? Won’t this contract be governed by LA law?
Indemnity
You agree to defend, indemnify and hold harmless JLNO, 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 Fleur de League website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this User Agreement and your use of the Fleur de League Website.
Privacy
It is our policy to respect and protect the privacy of our users. We do not sell or rent your personal information to third parties for their marketing purposes. We use your information only as described in the JLNO Fleur de League Privacy Policy. For a complete description of how we use and protect your personal information, see the JLNO Fleur de League Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Legal Disputes
This User Agreement shall be governed in all respects by the laws of the State of Louisiana as they apply to agreements entered into and to be performed entirely within Louisiana between Louisiana residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against JLNO must be resolved exclusively by a state or federal court located in Orleans Parish, Louisiana, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Orleans Parish, Louisiana for the purpose of litigating all such claims or disputes.
General
Junior League of New Orleans, Inc. is located at 4319 Carondelet Street, New Orleans, Louisiana 70115. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this User Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. We may notify you of an amendment to this User Agreement by sending you an email at the last email address you provided to us. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Disclaimer of Warranties, Limitation of Liability, Indemnity and Legal Disputes.
