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Terms of Use - Los Angeles Downtown News - For Everything Downtown L.A.!: Site

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Terms of Use

   
  This website is owned and operated by LosAngelesDowntownNews.com (including the urls and subdomains of LosAngelesDowntownNews.com, DowntownNews.com, LADowntownNews.com, LADowntownDevelopment.com, LosAngelesDowntown.com, DowntownLADining.com) “Downtown News”. By using the services on this website (“Services”) you agree to these Terms of Use (“Terms of Use” or “Terms”). Downtown News may modify, add, or delete portions of these Terms at any time by posting the changes on this page. Your continued use of the Services or this website after any such changes have been made means you agree to such changes. If Downtown News makes any material changes to the Terms, it will indicate, at the top of this page, the date these Terms were last revised.

Privacy and Acceptable Use Policies. These Terms incorporate by reference Downtown News’ Privacy Policy located here Privacy Policy. Please read the terms of the Privacy Policy carefully as you agree to them when you agree to the Terms.

Proprietary Rights. As between you and Downtown News, and unless otherwise provided in these Terms, Downtown News owns all content on this website including, without limitation, all text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. This content is protected by copyright, trademark, trade dress, moral rights or other intellectual-property regimes.

Limited License. Subject to these Terms, you may use the Services and access and view the content on this website on your computer or other device and make single copies of the content on this website for your own personal use. When using this website, you may not:
• Employ any data-mining or data-extraction tools;
• Copy or adapt the HTML code used to generate this website;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this website;
• Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
• Impersonate any person or entity;
• Interfere with or attempt to interfere with the proper working of this website;
• Circumvent, disable, or otherwise interfere with security-related features of this website;
• Violate any applicable laws, rules, or regulations in any jurisdiction;
• Access data not intended for you or log into a server or account that you are not authorized to access;
• Advertise products that you do not fully own or for which you do not have full and unencumbered rights;
• Advertise a service or product that is prohibited or restricted by applicable law;
• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• Post irrelevant content or post content on inappropriate categories;
• Delete or otherwise revise or improperly interfere with any content posted by any other user of this website;
• Post content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
• Post content that is obscene, defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;
• Post chain letters, “junk mail”, “spam,” or pyramid schemes;
• Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information;
• Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this website;
• Harm or harass others;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this website;
• Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
• Contact anyone who has asked not to be contacted;
• Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
• Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity.

Third-Party Content. Downtown News, at its discretion, offers opportunities for its end users to contribute content to this website. End users may, for example, comment on articles, submit classified advertisements and otherwise participate on the website and submit User Submissions (“Third Party Content”). You understand and agree that Third Party Content does not necessarily represent the views of Downtown News. Through your use of this website and the Services, you may be exposed to Content, including Third-Party Content, that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.

User Submissions

Generally. Subject to these Terms, you may comment on articles, submit classified advertisements and otherwise participate subject to the website’s functionality (“User Submissions”). You agree that, whether or not such User Submissions are published on the website, Downtown News guarantees no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Downtown News to use all copyright, trademark, and other proprietary rights in and to the User Submissions to enable inclusion and use of the User Submissions as contemplated on the website and in these Terms. You understand and agree that the posting of User Submissions may require you to register for an account with Downtown News. You understand and agree that Downtown News may display or distribute User Submissions along with your name and other information you provide during the registration process.

License. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the website, you grant Downtown News a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with Downtown News’ business, including for promoting and redistributing part or all of Downtown News (and derivative works thereof) in any media formats and through any media channels now known or hereinafter invented. The license may also be exercised on behalf of Downtown News by third parties acting on Downtown News’ behalf (e.g. technology partners, service providers and independent contractors). You also grant each user of this site ("User") a non-exclusive license to access your User Submissions through the website.

No Obligation to Publish. Downtown News reserves the right to remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that a User Submission is inappropriate or fails to comply with these Terms. Downtown News has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the website or the Services.

Submitted Materials. Unless specifically requested, Downtown News does not wish to receive any confidential, proprietary, or trade-secret information from you via the website (including via contact email made available on the website). Accordingly, if you send Downtown News any information or creative works including, without limitation, text, photographs, graphics, audiovisual content, demos, ideas, suggestions, concepts, methods, systems, designs, plans techniques or other material (“Submitted Material”) you grant Downtown News a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify adapt print, publish, translate create derivative works from, create collective works from, and distribute, perform and display the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Downtown News any Submitted Material you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Downtown News any Submitted Material that includes photography, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Downtown to use the photograph as permitted by the license in this Section. Without limiting the foregoing, if you write Downtown News an email via this website, Downtown News may publish the contents of that email on the website along with your user name.

Advertising. Downtown News reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Submitted Material. Downtown News and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.

Third-Party Websites. You may be able to link from this website to third-party websites that take you outside of our website and the Service (“Linked Sites”). For example, if you click on an advertisement from one of our sponsors, the click may take you to another website. Downtown News has no responsibility for the information, content, products, services, advertising, code or other material which may be provided through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave this website.

Termination. You may terminate your account at any time by sending e-mail to: realpeople@downtownnews.com. We may terminate your account at any time for any reason with or without notice to you.

Indemnification. You will defend, indemnify, and hold harmless Downtown News from: (i) your use of and access of the website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to your User Submissions (as applicable) or use of the website. This defense and indemnification obligation will survive these Terms and your use of the website.

Disclaimers.If you use advertisement functionality on this website, you understand and agree that Downtown News does not transfer legal ownership of items from the seller to the buyer. Rather transactions that occur via this website are solely between the applicable seller and buyer. Downtown News is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our website and Services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

DOWNTOWN NEWS MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. DOWNTOWN NEWS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities. TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL DOWNTOWN NEWS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF DOWNTOWN NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOWNTOWN NEWS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Release. If you have a dispute with one or more users, you release Downtown News (and its officers, directors, agents, subsidiaries, joint ventures and employees) 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.

Claims of Infringement. Downtown News respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Downtown News will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Downtown News will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Downtown News’ Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

Provide your mailing address, telephone number and, if available, email address.

Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am 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.”

Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Downtown News’ Designated Copyright Agent:
By mail:

Sue Laris
Editor & Publisher
1264 W. First St.
Los Angeles, CA 90026

While Downtown News considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
 
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