|Terms of Service|
|By using the website of Downtown Long Beach Alliance (“DLBA”), located at DowntownLongBeach.org (the “Service”) you consent to be bound by the following terms.|
The Service may contain information supplied by third party organizations and corporations as listed therein. DLBA is not responsible for errors, omissions, and information which may no longer be applicable as a result of the passage of time. All prices, dates & times listed on the Service are subject to change. The information contained on the Service may not be reproduced or utilized for commercial use without the express written consent of DLBA.
All of the information, content, services and software (including source and object codes) on the Service (collectively, the 'Content') is owned by DLBA and its affiliated companies, licensors and suppliers. The Content is intended solely for the personal, non-commercial use of users of the Service. While you may interact with or download a single copy of any portion of the Content for your personal, non-commercial, entertainment, information or use, you may not otherwise reproduce, sell, publish, distribute, modify, display, share, repost or otherwise use any portion of the Content in any way or for any other purpose without the written consent of DLBA. Requests regarding use of the Content for any purpose other than personal, non-commercial use should be directed to info@DowntownLongBeach.org.
The Content includes certain trademarks and service marks owned by DLBA, and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
Children Under 13
The Service is not intended for use by children under 13 and any child under 13 who chooses to use the Service shall obtain parental consent prior to usage of the Service. DLBA shall not be liable for any injury, loss, claim, damage, or any incidental or consequential damages incurred by a child under 13 who uses the Service in violation of this agreement.
The Service may contain forums, bulletin boards, chat rooms, and other interactive areas that are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. In some portions of our sites, you may be invited to post content such as messages, newsletters or other articles you have created. DLBA does not endorse the accuracy or reliability of any advice, opinion, statement or information posted by third parties, including our users. When posting any content, please use your best judgment and be respectful of other individuals using these forums. You may not use vulgar, abusive, indecent, threatening or hateful language or post material or messages that violate any other party's right to privacy or publicity. You may not use the Service's bulletin boards or other interactive areas for advertising or promotional materials or other forms of solicitation without the prior written consent of DLBA. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. DLBA will terminate the rights of users who repeatedly uploads material they know to be infringing. If you are aware of any infringing material placed by any third party on the Service, please contact info@DowntownLongBeach.org. You agree to indemnify, defend and hold harmless DLBA and each of its affiliates and related entities against any claim or cost, including attorney’s fees, arising from the use or distribution of any materials you provide to us or post on the Service.
Given the nature of the Service and the volume of messages and postings, DLBA cannot and does not monitor all of the material posted or transmitted by users and third party information providers. You agree the Service will not be liable for such third party content.
DLBA reserves the right to delete, move or edit any communications that it deems, in its sole discretion: to violate this agreement; potentially offensive or harmful to individuals or communities; obscene; defamatory; in violation of DLBA's or any third party's rights; or otherwise unacceptable for any reason. DLBA will fully cooperate with law enforcement authorities and legal proceedings requiring DLBA to disclose the identity of anyone posting any information or materials.
By placing material on or communicating with the Service, including communication during any registration process, communication on any bulletin board and/or the submission and posting of any content on the Service, you hereby grant DLBA, its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You grant DLBA and its affiliates and related entities the right to use your name in connection with the reproduction or distribution of such material. DLBA also reserves the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
DLBA retains exclusive ownership of all material and information regarding users of the Service, including demographic information, information about personal preferences and any other information provided by users. No third party may use such material without DLBA's specific prior written consent.
General Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER DLBA NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED 'AS IS' AND DLBA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. DLBA DOES NOT WARRANT THAT THE SERVICE PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE.
In no event shall DLBA be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to, lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data in this website, or any failure or delay in updating or including any data in this website, or any use of or inability to use any data in this website (including, without limitation, the use of or inability to use this website for reservations or ticketing), or the performance or nonperformance by DLBA of any reservations or ticketing function, even if DLBA has been advised of the possibility of such damages.
IN NO EVENT SHALL DLBA, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL DLBA, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES: (a) IN EXCESS OF THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE, OR (b) FOR ANY CLAIM, ALLEGATION OR INJURY RESULTING FROM OR RELATED TO: (1) YOUR USE OR INABILITY TO USE THE SERVICE; (2) ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; (3) ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES.
DLBA reserves the right in its discretion to change these Terms of Service at any time and to notify users of any such changes by changing this Terms of Service. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. DLBA may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content, at any time without notice or liability. DLBA may deny access to any person or user at any time for any reason. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Los Angeles County, California, within one year after the cause of action arises.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.