Effective Date: Jan 24, 2022
Any references to “Queer Kentucky” “we,” “us,” “our,” or the “Company” is a reference to Queer Kentucky Incorporated, a nonprofit organization with headquarters in Louisville, Kentucky.
How We Collect Information
We may collect Personal Data directly from you, through your use of our Services, or from third parties, including in connection with the following activities and circumstances:
- Attending our seminars, webinars, or other presentations;
- Visiting our offices;
- Receiving communications from us, including emails, texts, phone calls, or faxes;
- Requesting more information from us about our products and services;
- Participating in our web-based or application-based public forums such as our social media pages and accounts, blogs, or any other publicly shared discussion forums;
- An organization with which you are employed or affiliated provides us with certain Personal Data about you;
- Participating in our community outreach initiatives which may include the taking and participation in surveys or related activities;
- Our affiliates, governmental organizations, or other third parties with which you interact provide us with certain Personal Data about you;
- We obtain publicly-available Personal Data about you through legally permissible means; and
- Purchasing from our web store.
We may collect Personal Data and Deidentified Information that your browser transmits when you visit the Site. We may also collect Deidentified Information about how you access and interact with the Site through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons.
Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from us. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of our Services may be limited and you may not be able to participate in certain of the Services.
Support Website and Live Chat
Queer Kentucky may offer a live customer service application that allows visitors to interact with representatives and chat in real-time. Certain information may be collected and maintained in regards to Surveys, Support and Live Chat services. In addition to IP address, browser type, date and time of the visit, and the referring webpage, transcripts of the chats are saved for statistical, demographic, and/or customer service purposes. Some information is also collected through surveys on a volunteer basis. When filling out our contact form or otherwise communicating with us, please do not provide unnecessary, confidential and Personal Data such as social security number, date of birth, bank account and credit card information, mother’s maiden name or medical information. Queer Kentucky cannot ensure the privacy of information that is submitted without appropriate controls to protect against disclosure.
Information We Collect
Queer Kentucky collects several types of information from and about users of its services and offerings. The types of Personal Data we may collect included user contact information and identifiers (name, email phone number, IP address, mailing address, etc.), internet identifiers (browsing history, interactions with web-based and application-based services, etc.), financial information (credit/debit card number, expiration date, security code, etc.), and other types of Personal Data.
We may also collect de-identified information (“Deidentified Information”) from you that may not by itself reasonably identify you as the source, including: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure this information is not personally identifiable and may not later be easily used to identify you as required by applicable law.
We do not offer our services or promote the Site to, nor do we intentionally collect or retain Personal Data from, children who are younger than 18 years of age. If we discover that we have inadvertently collected information from a child under 18 years of age, we will promptly take all reasonable measures to delete such information from our systems.
How We Use Information
Personal Data in our possession is maintained and used in ways that respect individual privacy. Queer Kentucky educates its employees about the importance of protecting Personal Data and consumer privacy, and only authorized employees or members of Queer Kentucky have access to Personal Data. We may use information we collect from you, including your Personal Data, for lawful business purposes to help enhance our Services and your experience. These purposes include:
- Direct Marketing: We may use your Personal Data to send you promotional materials. You have the right to opt-out of receiving direct marketing.
- Customer Service and User Communications: We may use your Personal Data to help us respond to your inquiries, questions, requests, and support needs more efficiently.
- User Experience Personalization: We may use your information to personalize the Services to your interests and preferences. We may also use Personal Data and/or Deidentified Information in the aggregate to analyze browsing and usage activities and patterns in order to understand interests and preferences with respect to our Services. This will help us optimize your experience.
- Business Optimization: We may use your Personal Data and/or Deidentified Information to improve the content on our Services, to customize the content and layout of our Services, and in managing our everyday business needs. We may also use your feedback to improve our Services. All of this is done with the intention of making the Services more useful for you.
- Safety and Security: We may use your Personal Data and/or Deidentified Information to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We will not collect Personal Data for materially different, unrelated, or incompatible purposes without providing you notice.
How We Disclose Information
Queer Kentucky may disclose Personal Data and other information for business purposes as described below. Otherwise, we will not provide, rent or sell Personal Data to third parties for marketing programs or any other purpose without your permission.
To Our Affiliates: We may disclose your Personal Data to affiliates, including companies within the Queer Kentucky group.
To Service Providers: We may disclose your Personal Data to third party service providers that assist us in providing user support, communication, payment processing and promoting our Services, as well as third party service providers that provide other services to us relating to our Services.
Law Enforcement, Safety, and Legal Processes: We may disclose your Personal Data to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your Personal Data: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.
The security and confidentiality of your Personal Data is very important to us. We use commercially reasonable security measures to protect your Personal Data. However, no data transmitted over or accessible through the internet can be guaranteed to be secure. As a result, while we attempt to protect your Personal Data, we cannot guarantee or warrant that your Personal Data will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.
We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “Spam”). We do not sell or disclose User lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share Personal Data with any third party advertisers.
Third Party Links
Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and the Company is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Site and read the privacy policies of Linked Sites.
Accessing, Updating, and Controlling Information
If you ever wish to access, update, change, delete, or otherwise control your Personal Data, you may seek to do so by contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any Personal Data to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
If you do not wish to receive update messages and/or direct marketing communications from us, you may opt-out by (i) following any instructions included in the communication or (ii) contacting us at the Contact Information provided below. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the website, as permitted under the CAN-SPAM Act.
We will make commercially reasonable efforts to timely respond to opt-out requests and similar inquiries.
California Privacy Rights
California’s “Shine the Light” law permits Users of the Site that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
Attn: Spencer Jenkins
900 East Main Street, Louisville KY 40206
These Terms constitute a legally binding agreement between you and Queer Kentucky. By using the Site, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Site manifests your agreement to be bound by these Terms each time you access the Site. If you do not agree to any of these Terms, do not use or access the Site.
General Use, License, and Termination
Queer Kentucky grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Site, regardless of the medium by which the Site is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Site for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
You acknowledge that your use of the Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service or to block or prevent future access to and use of the Site, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Site through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable.
The Site is intended for use by those who are eighteen (18) years of age or older only. If you are under 18 years of age, we ask that you please immediately discontinue your use of the Site.
Prohibited Conduct and Activities
Queer Kentucky expects that its users will abide by certain standards of conduct. Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Site or any of the content on the Site; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Site; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Site’s listings or content; (e) circumventing or attempting to circumvent the security of the Site; (f) interfering or attempting to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Queer Kentucky or users of the Site or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Site; (h) attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Site, except as authorized by Queer Kentucky; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site; (k) using reports, content, electronic documentation, or other materials available on the Site to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Queer Kentucky users to a third party; (m) unless otherwise authorized by us, making commercial use of the Site or any of its content; (n) using the Service to stalk, harass, bully, or harm another person; (o) impersonating any person or entity or misrepresenting your affiliation with a person or entity; (p) creating fraudulent accounts to evade a suspension or ban from the Services; (q) hacking, spamming, scamming, or phishing us or other users; or (r) engaging in or promoting illegal activities.
Intellectual Property Rights
Unless otherwise noted, all content provided on the Site, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Queer Kentucky its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Site is either the property of Queer Kentucky or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of Queer Kentucky and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Queer Kentucky’s ownership of the Site and content.
The trademarks, logos, and service marks displayed on the Site are owned by Queer Kentucky and other third parties, and the Site’s trade dress is owned by Queer Kentucky. All trademarks not owned by Queer Kentucky are the property of their respective owners, and, where used by Queer Kentucky, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Queer Kentucky’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Queer Kentucky’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Site.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site, including any copyrighted or trademarked content. You may only use the materials and content on the Site as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Queer Kentucky respects the intellectual property rights of others and expects our users to do the same. Therefore, we have adopted and implemented a policy that provides for the termination and/or disabled Site access, in appropriate circumstances, and at our sole discretion, of users suspected of infringing the rights of copyright (or other intellectual property) holders. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
- Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The written notice, along with any accompanying items, must be submitted to our Designated Agent at:
ATTN: DMCA Agent (Legal Dep’t)
Dinsmore & Sohl LLP
100 West Main St, Suite 900, Lexington, KY 40507
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
As you are making use of certain services associated with the Site, you may be offered the option to register with the Site and create an account. You agree and warrant that all information you provide to us through the Site, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.
You may also be offered the option to subscribe to receive updates on Queer Kentucky’s latest articles by providing your email address through the Site. You always have the choice to opt-out of receiving these promotional communications.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Site. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Queer Kentucky is not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Site, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
Submission of Content and User Activity
Queer Kentucky is a platform which recognizes that storytelling has the power to provide visibility. From time to time, we may make available on the Site certain services, features, or sections that allow users to post or upload materials to the Site. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Queer Kentucky, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Site or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Site, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Site, you hereby expressly grant Queer Kentucky a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
Queer Kentucky disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Site. The opinions expressed in postings or other Content on the Site may not represent the views or opinions of Queer Kentucky or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Site is provided “as is.” You understand that by using the Site, you may be exposed to Content and Non-User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. You should be aware that your use of and reliance on Content is at your own risk.
Queer Kentucky has no obligation to review, monitor, delete, or edit the Site, including user Content. However, you acknowledge and agree that Queer Kentucky has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Queer Kentucky may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Queer Kentucky, its affiliates, personnel, other users, and the public.
Correction of Errors and Inaccuracies; Limitations on Services
The information on the Site may contain typographical errors or inaccuracies, and may not be complete or current. Queer Kentucky therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Queer Kentucky also reserves the right to limit the scope of services (including after you have submitted your request). Queer Kentucky apologizes for any inconvenience this may cause you.
All product and/or service sales and promotions are subject to the terms of these Terms, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
The Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Queer Kentucky does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that Queer Kentucky 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 such other websites. Queer Kentucky shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
Disclaimer of Warranties
THE SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY QUEER KENTUCKY ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SITE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, QUEER KENTUCKY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. QUEER KENTUCKY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SITE.
QUEER KENTUCKY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. QUEER KENTUCKY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. QUEER KENTUCKY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND QUEER KENTUCKY, OR ANOTHER USER OF THE SITE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.
THE SITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY QUEER KENTUCKY FROM ITS OFFICES WITHIN THE UNITED STATES. QUEER KENTUCKY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND QUEER KENTUCKY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
Limitations of Liability
NEITHER QUEER KENTUCKY NOR ANY OF QUEER KENTUCKY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF QUEER KENTUCKY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, QUEER KENTUCKY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SITE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON QUEER KENTUCKY’S COMPUTERS AND/OR SERVERS. QUEER KENTUCKY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF QUEER KENTUCKY’S SITE AND ASSOCIATED SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUEER KENTUCKY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT YOU PAID TO QUEER KENTUCKY TO ACCESS THE SITE WITHIN THE PRECEDING THREE (3) MONTHS.
CERTAIN STATE 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, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification and Remedies
You agree to indemnify, defend, and hold harmless Queer Kentucky and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Site; (b) Content you post or submit to the Site; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, do not agree with any part of these Terms, or have any other dispute or claim with or against Queer Kentucky with respect to these Terms or the Site, you agree that your sole and exclusive remedy is to discontinue using the Site.
Choice of Law and Venue
The laws of the Commonwealth of Kentucky shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Site, whether at law or in equity, must be brought in the state or federal courts located in Jefferson County, Kentucky and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
These Terms, including any documents referenced herein, represents the entire understanding between you and Queer Kentucky regarding your relationship with us and use of the Site, and supersedes all other agreements, express or implied, written or oral, between you and Queer Kentucky. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Queer Kentucky.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Queer Kentucky’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Queer Kentucky has available all remedies at law or equity to enforce these Terms. Queer Kentucky shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Queer Kentucky, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, confidentiality, damage limitations, venue, jurisdiction, and indemnification.
Changes to these Terms
Where required, Queer Kentucky may give notice to you by a general posting in the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Queer Kentucky by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Queer Kentucky, please contact us at:
Attn: Spencer Jenkins
900 East Main Street
Louisville, KY 40206