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This Agreement sets forth the legally binding terms for your use of the Website and the Services (“you”). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Website immediately.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to this Agreement when you use the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Website or Services, or you may opt out of any offer by contacting us at firstname.lastname@example.org
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Website or Services if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.
I. ONLINE CONDUCT
You, as a user, agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, false, misleading, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If we are notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, or other material on the Website (collectively “Content”) provided by you (e.g., through an author chat or user forum, online review or comment posted on the Website) that is allegedly infringing, defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our rights or property as well as that of our officers, directors, employees, agents, third-party content providers, affiliates, sponsors, and licensors (collectively, “Providers”) and any other user.
We reserve the right to prohibit conduct or communication that we deem in our sole discretion to be harmful to us, to individual users, to the Website, to our Providers, to the communities that use the Website, or to any third party, or which we believe to violate any applicable law. Notwithstanding the foregoing, neither we nor any of our Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither we nor any of our Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Website.
A. Proprietary Rights
You acknowledge that the Website contains content that is owned by 1733 NORTH ARGYLE LLC and/or our Providers (“Proprietary Content”) which is protected by copyrights, trademarks, and other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing or hereafter developed. Such Proprietary Content includes, without limitation, television and/or film trailers and clips, photographs, text, wallpaper, icons, games and graphics. The Website, including Proprietary Content thereon, is protected by copyright under U.S. law and international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works based upon, or in any way exploit any of the Proprietary Content, in whole or in part. If no specific restrictions are displayed or otherwise in force, you may download or make copies of select portions of the Proprietary Content, provided that the copies are made only for your personal use and not for any commercial use, and that you maintain any notices contained in the Proprietary Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by applicable law you may not reproduce or distribute in any way Proprietary Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software.
B. Distribution/Uploading Of Third-Party Content
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary material. It is our policy to terminate the account of anyone who repeatedly or intentionally infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, [name of owner] [date]; used with permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
By your submitting Content to any user-submission areas of the Website, including, without limitation, any blogs or message boards, you automatically grant us, or warrant that the owner of such Content has expressly granted us, the royalty-free, irrevocable, right and license, during the existence of copyrights, to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content for that user’s personal use. Subject to this grant, the owner of Content placed on the Website retains any and all rights which may exist in such Content.
C. Copyrights and Copyright Agent
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification and location of the copyright work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party;
• A statement that the complaining party has 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright infringement inquiries under the DMCA please contact:
1733 NORTH ARGYLE LLC
c/o Millennium Partners
1995 Broadway, Third Floor
New York, New York 10023
Email: email@example.com , Phone Number: (323) 464-1675, Fax Number: (323) 464-1754
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes copyright infringement, we will remove, or “take down” the infringing material. At that point we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Please do not contact our DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.
D. Third-Party Content
We are an online service provider of Content supplied by third parties and users. We have no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including any other user, are those of the respective authors or distributors and not of 1733 NORTH ARGYLE LLC or its affiliates or any of their officers, directors, employees, or agents. While we have the right to filter or reject Content posted by third parties, we do not have the obligation to do so and we will not do so in most cases. Neither we nor any of our Providers guarantee the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective third party providing such Content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than us. Under no circumstances shall we, or our affiliates, or any of our officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Website.
E. Links to and from Third-Party Websites
The Website contains links to third party websites (“Linked Sites”.) The Linked Sites are not under our control and we are not responsible for the contents of any such Linked Sites, or any changes or updates to such sites. We are only providing the Linked Sites to you as a convenience, and the inclusion of any Linked Sites on the Website does not imply endorsement of the views or opinions expressed on such sites by us or any of our Providers. Further, we cannot guarantee the quality or availability of such Linked Sites. Linked Sites may include, without limitation: http://hiddenlosangeles.com/, http://popculturefanboy.blogspot.com/, http://hollywood.patch.com/.
We permit the linking to the Site from any other Web site so long as the linking Web site does not contain libelous, defamatory, obscene, illegal, or otherwise objectionable content in our sole determination. Any link must not frame the Site and must be to the entire Site rather than to a particular page or graphic. We reserve the right to request any linking Web site to remove such link to the Site for any reason or for no reason. Any linking Web site agrees to comply with such a request within 24 hours of receipt of such a request from us. The Site may provide, or users of the Site may provide, links to other Web sites or resources. Because we have no control over such third-party Web sites and resources, you acknowledge and agree that we are not responsible for the availability of such Web sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that we 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 content, products, or services available on or through any such Web site or resource.
F. Prohibited Activity/Content
The following is a partial list of the kinds of Content and activity that is illegal or prohibited on the Website and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communications from the Website, terminating the account of such violator and reporting such violator to law enforcement authorities. Prohibited activity includes, but is not limited to activity and/or Content that we determine in our sole discretion:
• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• is false or misleading;
• is tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy or otherwise objectionable;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or any other form of solicitation;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• constitutes, furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy, or providing or creating computer viruses;
• solicits personal identifying information for commercial or unlawful purposes from other users;
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• transmits any material that contains adware, spyware, malware, 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 telecommunication equipment;
• interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Website;
• uses any information obtained from the Services or the Website in order to harass, abuse, or harm another person;
• uses the Website or Services in a manner that violates or is inconsistent with any and all applicable local, state, national or international laws and regulations;
• involves other actions that could, in our reasonable judgment, cause harm to or endanger the Site, content or its users.
IV. NON-COMMERCIAL USE
The Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website or Services, including unauthorized commercial use of or framing of photographs contained thereon, collecting user names and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, or other unauthorized activities is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website or Services.
V. YOUR ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur within and under your account and password.
VI. PASSWORD SECURITY
You are responsible for (i) keeping any password that you entered to use Website pages requiring registration confidential and (ii) restricting access to your computer. You agree to accept full responsibility for all activities that occur within and under your account and password.
VII. UNSOLICITED SUBMISSIONS
We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by us or our agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Website, by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed “Content,” will be subject to Paragraph III above, and shall remain the property of 1733 NORTH ARGYLE LLC. None of the Information shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Information. We shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
VIII. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
IX. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE WEBSITE OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE SERVICES OR E-MAIL SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT;
(c) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
(f) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
NEITHER WE NOR ANY OF OUR PROVIDERS GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR THE SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL OR THAT OF ANY OF OUR PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
PLEASE CONSULT YOUR PHYSICIAN AND YOUR CHILD’S PHYSICIAN BEFORE YOU OR YOUR CHILD USE OR BEGIN ANY EXERCISE TECHNIQUE OR PROGRAM. THE INFORMATION AND MATERIALS PRESENTED ON THIS WEBSITE ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR SUBSTITUTED FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. ADULT SUPERVISION IS RECOMMENDED.
NEITHER WE NOR ANY OF OUR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, EVEN IF WE OR OUR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MANAGER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARTNERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
XI. APPLICABLE LAW; JURISDICTION
XII. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any Related Agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles County, California and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in order to protect our intellectual property rights and to support our rights and remedies hereunder without waiving any right to arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You (including anyone using your account) agree to indemnify, defend and hold 1733 NORTH ARGYLE LLC, its Providers, and its and their subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, expense, fee, claim, or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Website or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes us to be liable to another person.
XIV. FORCE MAJEURE
Without limiting the foregoing, under no circumstances will we be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
This Agreement is accepted upon your use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this agreement.