You are either registering for or visiting the Humid Beings website, a publishing platform and portal for New Orleanians and those who care about New Orleans.
Your failure to follow the rules outlined in these Terms, whether listed below or in bulletins posted at various points in the Humid Beings website, may result in suspension or termination of your account or access to Humid Beings, without notice.
Registration Information and Visitors
Individuals who register will be referred to as “Users” or “Members”. Individuals who do not register with Humid Beings will be known as “Visitors”. A User must register for a Humid Beings Username to become a Humid Beings Member and create a Profile. Having a Profile grants a User the right to upload Content to Humid Beings.
“You” as used throughout these Terms refers to Users or Members or Visitors.
These Terms of Service commence upon your acceptance of these Terms (after clicking “Yes, I accept in the box below) and continues until terminated. These Terms will automatically terminate if Humid Beings decides, in its sole discretion, to discontinue the Humid Beings website.
Content and Tags
Content means any work of authorship, including but not limited to User profiles, comments, forums, photos, videos, sounds, images, text, listings, postings, messages, or other materials posted on or transmitted through the Humid Beings website.
A User can assign a Tag or Tags to Content. Tags are words or phrases describing Content. There is no limit to the amount of Tags a User can assign. A User can also add, edit, and delete assigned Tags.
Deactivating Your Account and the effects of deactivating your account
You may deactivate your Humid Beings account at any time, for any reason, by following the instructions here .
Humid Beings has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Humid Beings website, or remove and discard any Content, without notice and for any reason.
Upon deactivating your account, these Terms terminates and your access rights to the Humid Beings website will immediately cease to exist. For Content you wish to delete from Humid Beings, you can delete it by going to each Page to which you’ve contributed. Humid Beings is not responsible for deleting Content on your behalf. Note that, even if Content is deleted from Humid Beings’ active servers, it may remain in archives.
Upon termination of your account, for whatever reason, Humid Beings will have no obligation to refund any fees paid for fee-based advertising services.
Ownership of Content
Humid Beings does not claim any ownership rights in the Content provided by Users. Any Content you create and upload is owned by you. After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use and license your Content in any way you choose.
These Terms of Service includes a number of licenses that are necessary for Humid Beings to make your Content available through the Humid Beings website. For example, without the right to modify Content, Humid Beings would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, Humid Beings could not make the Content available for other Users to view.
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use.
Licenses to Content
License from Users
Humid Beings claims no ownership interest in the Content you post on Humid Beings. However, we also want to encourage sharing of Content between Users across the Humid Beings website. By uploading Content to a page, you grant to Humid Beings and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”). This Content may not be used for commercial purposes by other Users.
Unless a User expressly states alternative applicable license terms in connection with his or her Content submission, the Public Content License will apply by default to Public Content.
Users warrant that they own all necessary rights in the Content they post in order to grant all Users and Humid Beings the Public Content License.
Lastly, if a Page is deleted, please be aware that the Content associated with that Page may also be deleted at the discretion of Humid Beings.
License from Humid Beings to Content and use of the Humid Beings website
Humid Beings grants to you a Creative Commons Attribution License to the Content made available by Humid Beings for which Humid Beings owns the copyrights. In the event of a conflict between the Creative Commons Attribution License and these Terms, these Terms will control.
Intellectual Property rights – General
You agree that all the intellectual property in the Humid Beings website, other than the Content you provide, are owned by Humid Beings or the applicable User(s). Except as expressly permitted under these Terms, you agree not to:
1. Modify, distribute, or create derivative works based on the Humid Beings website;
2. Run, rent, lease, loan, or sell access to the Humid Beings website; and
3. Decompile, reverse engineer, or copy the Humid Beings website.
Humid Beings, the Humid Beings website and other related graphics, our logo and sub-logos, Humid Beings marks, and trade names used on the Humid Beings website are the trademarks of Humid Beings and may not be used without permission. Other trademarks and trade names that may appear on Humid Beings are the property of their respective owners.
Accounts, Passwords, and Security
An individual must be a registered User to upload Content on Humid Beings. Users are responsible for keeping their passwords secure. Users may not transfer their Humid Beings Username to other individuals. Users agree to be solely responsible and liable for any activity that occurs under their Humid Beings Username.
Content and Interaction between Users and Advertisers
Content from other Users or advertisers is made available to you through the Humid Beings website. Humid Beings does not control the Content of other Users or advertisers. Therefore you agree that Humid Beings is not responsible for any such Content or for any loss or damaged incurred as a result of such Content.
Users release Humid Beings, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the Humid Beings website.
If a User is a California resident, he or she agrees to waive California Civil Code Section 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.”
All non-California residents agree to waive any statute or rule of similar effect.
Fee-Based Advertising Services offered by Humid Beings
Humid Beings offers fee-based advertising services as described here on the Humid Beings website. If you choose to sign up for a service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that service.
Acceptable Use and Conduct
Users are solely responsible for their conduct and Content on the Humid Beings website.
As a User of Humid Beings, you agree not to include any advertising in the Content you provide on Humid Beings. Humid Beings will have the option to offer third party ad-server services and serve all advertisements on Humid Beings. Advertisements may include banners or videos paid for by other Users per the fee-based advertising services as described here .
You also agree not to post or make available any Content for which you are unable to grant a Public Content License. Among other things, this means that you may not include Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms.
You also agree not to post, email, or otherwise make available any Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or harms minors in any way
- Harasses, degrades, intimidates or is hateful toward an individual or group of individuals
- Impersonates a Humid Beings employee or User or falsely states or otherwise misrepresents your affiliation with a person or entity
- Includes personal or identifying information about another person without that person’s explicit consent
- Is false, deceptive, misleading, deceitful, or constitutes “bait and switch”
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- Creates, sends, or enables anything that constitutes or contains “chain letters,” “pyramid schemes,” or any advertisement that you are prohibited by law from sending
- Constitutes or contains any form of advertising or solicitation if (1) posted in Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests
- Advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Humid Beings website, or that otherwise negatively affects other Users’ ability to use the Humid Beings website
- Employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Humid Beings Platform
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone
- Collect Personal Data about other Users for commercial or unlawful purposes
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Humid Beings website – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
- Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Humid Beings’ infrastructure
- Attempt to gain unauthorized access to Humid Beings’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Humid Beings Website
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Humid Beings Website
Privacy and Spam
You agree to comply with all applicable laws with respect to
2. email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
Humid Beings Use Policies
Humid Beings may establish limits concerning use of the Humid Beings website (“Humid Beings Use Policies”), including but not limited to, the maximum number of days that Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted Users by Humid Beings, the maximum number of times and duration for which you may access the Humid beings website in a given period of time, the maximum bandwidth used by your Content, and the maximum CPU power used by your Content.
Humid Beings also reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.
Copyright Infringement by Users
If Humid Beings receives notice of a valid copyright infringement performed by a User, that User will be notified and requested to remove the offending material. If the User does not promptly remove the Content specified in the notice, Humid Beings may remove the Content. Humid Beings may terminate the accounts of Users who are repeat copyright infringers.
Changes to the Humid Beings Website, Disclaimer of Warranties, Indemnity, and Limitation of Liability
Changes to the Humid Beings website
Humid Beings reserves the right at any time to modify, suspend, or discontinue providing the Humid Beings website or any part thereof with or without notice. Humid Beings will not be liable to you or to any third party for any modification, suspension or discontinuance of the Humid Beings website.
You agree to indemnify, defend, and hold harmless Humid Beings, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to
1. any Content you submit, post, transmit, or make available through Humid Beings;
2. your use or misuse of the Humid Beings website;
3. your connection to the Humid Beings website;
4. your violation of these Terms; or
5. your violation of any rights (including intellectual property rights) of a third party.
Disclaimer of Warranties, Limitation of Liability and Release
YOUR USE OF THE HUMID BEINGS WEBSITE ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE HUMID BEINGS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUMID BEINGS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. HUMID BEINGS MAKES NO WARRANTY THAT THE HUMID BEINGS WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU AGREE THAT HUMID BEINGS SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HUMID BEINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE HUMID BEINGS WEBSITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE HUMID BEINGS WEBSITE; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO HUMID BEINGS BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
YOU HEREBY AGREE TO RELEASE HUMID BEINGS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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”.
ALL NON-CALIFORNIA RESIDENTS AGREE TO WAIVE ANY STATUTE OR RULE OF SIMILAR EFFECT.
Survival of Provisions
The provisions under the following headings will survive termination of these Terms for any reason: License from Users (under heading “Licenses to Content”), Content and Interaction, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability and Release.
Updates to Terms of Service
These Terms may be updated or changed by Humid Beings from time to time upon Humid Beings’ posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Humid Beings to terminate your account.
In addition to these Terms, you will comply with all policies applicable to Humid Beings, which policies are (i) either posted on the Humid Beings website or provided to you and (ii) incorporated by reference into these Terms.
Legal – No Waiver; Assignment
The failure of Humid Beings to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Humid Beings may assign these Terms to any successor or purchaser of Humid Beings or all or substantially all of its assets. Your Humid Beings account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.
Legal – Fraud and Abuse
Any unauthorized use of any Humid Beings computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Title 14 Section 73.1 – 6 of the Louisiana Revised Statutes. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
The other Users of the Humid Beings websites are intended third party beneficiaries of your obligations under these Terms.
Legal – Governing Law and Waiver of Jury Trial
By accepting these terms or visiting the Humid Beings website, you hereby waive any right to a jury trial of any dispute arising out of these Terms or your use of the Humid Beings website. Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New Orleans, LA.
These Terms shall be governed by the laws of the State of Louisiana without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Contacting Humid Beings
329 Julia Street
New Orleans, LA 70130