- DISCLAIMERS AND LIMITATION OF LIABILITY AS TO WEBSITE GENERALLY. While every attempt will be made to provide relevant, timely, factual, and truthful content, User expressly agrees that use of the Website is at User's sole risk. Neither the Website nor its affiliates, nor any of their officers, directors, members or employees, agents, third-party content providers, merchants, sponsors, advertisers, licensors (collectively “Providers”), or the like, warrant that the Website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, reliability, or currency of any information content, service, or any merchandise provided through the Website.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE WEBSITE NOR ITS AFFILIATES, NOR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall the Website or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by User on any information obtained from the Website or that results 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 the Website’s records, programs or services. User hereby acknowledges that this disclaimer shall apply to all content, merchandise, and services available through TheEastsiderLA.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- STANDARDS FOR ONLINE CONDUCT. User agrees to use the Website only for lawful purposes. Please do not post or transmit through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, hateful, or other material the Website determines to be objectionable, 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.
By way of example, and not as a limitation, if you post or transmit the following, you agree that the Website may remove Content or terminate your account, without notice, if we believe, in our sole discretion, that you have posted, emailed or otherwise made available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a TheEastsiderLA.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that posts unlawful personal or private information about another person without that person's consent;
- that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
- that 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;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the TheEastsiderLA.com sites which are not designated for such purposes; or (2) emailed to TheEastsiderLA.com Users who have requested not to be contacted about other services, products or commercial interests;
- that 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 law;
- that 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;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "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 Service -- an exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; or
- attempt to gain unauthorized access to the Website’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
If TheEastsiderLA.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content. (Please also see specific DMCA Copyright Policy described further below.) TheEastsiderLA.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate TheEastsiderLA.com or is disclosed as described and provided in these TOU; or (iii) to protect the rights or property of the Website, its Users or Providers. While the Website reserves the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be harmful, or which violates any applicable law, due to the nature of the Internet, we cannot ensure prompt removal of questionable Content after online posting. Accordingly, neither the Website nor its affiliates, nor any of their members, officers, directors, employees or agents, nor Providers, shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Website.
- User Acknowledgement of the Website’s Rights. User acknowledges that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a website under the U.S. copyright laws, and Jesus Sanchez and The Eastsider LLC own a copyright in the Content, and the selection, coordination, arrangement, and enhancement of such Content. TheEastsiderLA.com is a service mark of The Eastsider LLC. These and other Website graphics, logos and service marks and trademarks may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners and consent and permission to use such should be consistent with applicable law.
- User Representations and Warranties of Rights in User Generated Content. User represents and warrants that by posting its own Content, (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any necessary third-party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input, or submit the content, or (b) that such Content is in the public domain or that your use of such Content constitutes fair use. You further represent and warrant that posting such Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized under law, or otherwise constitute breach of any agreement with any person or entity.
- Distribution/Uploading Of Third-Party Content. Consistent with the above representations and warranties, User may upload to or otherwise distribute on the Website only Content that is authorized and permitted under applicable law. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the Website, nor its affiliates, nor any of their members, officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission.
- LICENSES FOR USE OF COPYRIGHT PROTECTED CONTENT.
- License to Users from the Website: All materials on this site, including, but not limited to, posts, listings, images, illustrations (the "Content") authored by the Website are protected by copyright, and owned or controlled by the Website or the party credited as the provider of the Content. Please note that there may be separate copyright notices attached or related to text or images which must be kept intact and included in all uses as described herein. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. The Website’s owned and copyrighted Content is licensed under the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.
What this means is that you can copy and share articles authored by TheEastsiderLA.com (this does NOT include the Third Party comments or Third Party contributions and content) and distribute this content for noncommercial use as long as you link back to TheEastsiderLA.com by name, and make clear the license that it is licensed under, such as by listing the name of the license and/or linking to it, and including TheEastsiderLA.com copyright notice from its site. You may not give a false impression that TheEastsiderLA.com endorses your site or use or is connected in any way with your enterprise. Except as provided in the preceding, or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected on this site by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
- License From User to the Website: By submitting Content to any User areas, including without limitation any service or other reviews, User automatically grants as owner of such Content, or warrants that the owner of such Content has expressly granted User and the Website, the world-wide royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, modify, adapt, 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.
- License From Users to Other Users: Except as otherwise noted, you agree that any and all Content contributed by you is submitted under a Creative Commons Attribution-Noncommercial-Share-Alike3.0 License with respect to use by other Users.
- DMCA COPYRIGHT INFRINGEMENT POLICY. To file a notice of infringement with us, you must provide a written communication (by email to hello@TheEastsiderLA.com with an attached and signed PDF) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (213) 255-5026 to confirm that we received your original complaint. In compliance with the Digital Millennium Copyright Act (“DMCA”), Users and other persons can report an infringement to the Website as follows:
Notification of Infringement: It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any Content hosted on our Website (TheEastsiderLA.com) infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (see below) with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- 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 of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website is covered by a single notification, a representative list of such works at that site.
- 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification of Infringement: If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Website may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please note that the Website may, at our discretion, as an entity interested in free speech and free sharing of ideas, send a copy of such notices (with personal information removed) to Chilling Effects(http://www.chillingeffects.org), an interested third-party collecting data on free speech under the DMCA.
Designated Copyright Agent: TheEastsiderLA.com’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Jesus Sanchez, Publisher, 1539 Parmer Avenue, Los Angeles, Calif. 90026 (A copy of the notification should also be sent via email to hello@TheEastsiderLA.com). For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to the Website. The requirements set forth above are imposed as part of the statutory scheme under the DMCA, and you acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not under law be valid.
- NO LIABILITY FOR THIRD-PARTY CONTENT. Even though the Website is a publisher of its own content it posts on the Website, it is under the law and in practical effect a distributor and not a publisher of Content supplied by third parties and Users. The Website has no more editorial control over such Content than does a newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Website, are those of the respective authors or distributors and not of the Website or its affiliates or any of their members, officers, directors, employees or agents. Neither the Website nor its affiliates, nor any of their members, officers, directors, employees or agents, nor any third party, including any Provider, or any other User of the Website, guarantees 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 Provider or User not under contract with nor affiliated with the Website. The Website neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than when the Website acts as the speaker through authorized members, employees or agents. Under no circumstances shall the Website, or its affiliates, or any of their members, officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through the Website. It is the responsibility of User to evaluate independently the information, opinion, advice, or other Content available through the Website.
- NO LIABILITY FOR LINKING. You understand that the Website does not and cannot review all material made available through websites linked or linking to any part of the Website. You also understand that no such linking implies in any way that the Website endorses or is affiliated with any third-party website. You agree that the Website bears no responsibility or liability for any content accessed or harm caused by any third party website.
- TERMINATION OF USAGE. The Website may terminate User's access, or suspend User's access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or the Website.
- USAGE BY CHILDREN UNDER 13. The Website cannot mechanically or practically prohibit minors from visiting this site, and must rely on parents, guardians and those responsible for supervising children under 13 to decide which Internet materials are appropriate for such children to view and/or purchase. To that end, parents of children under the age of 13 who wish to allow their children to access the Website must authorize that access. When you provide access to the Website to your child, you certify that you are at least 13 years old and that you are the legal guardian of the child/children and that you give your child permission to access the entire Website. Please remember that the Website is designed to appeal to a broad audience in our community. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Website or its Content is appropriate for your child.
- “NO SPAM.” You understand and agree that sending unsolicited email advertisements to the Website’s email addresses or through the Website’s computer systems is expressly prohibited by these TOU. Any unauthorized use the Website’s computer systems is a violation of these TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
- ADVERTISING. The Website may display advertising to provide financial support for the site but does not endorse, recommend, evaluate, or guarantee any service, product, or other message contained in or through such advertising.
- INTERACTION WITH ADVERTISERS AND INDIVIDUALS. Your interactions with organizations and/or individuals found on or through the Website, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that the Website is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release the Website, its members, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you 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."
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Website from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with: (a) the Content you upload, submit, post, or transmit through the Website; (b) your use of the Website; (c) your connection to the Website; (d) your violation of the TOU, or (e) your violation of the rights of another. The Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
- APPLICABLE LAW. This site is created and controlled by The Eastsider LLC in the State of California. As such, the laws of the State of California will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The Website reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California, and of the United States of America located in the State of California for any litigation arising out of or relating to use of or activity made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the venue of any such litigation in the courts of the State of California, and agrees not to plead or claim in any court of the State of California that such litigation brought therein has been brought in an inconvenient forum.
- DISPUTE RESOLUTION. If a dispute arises under this Agreement, User agrees to first try to resolve it with the Website, and if that fails, to attempt the same with the help of a mutually agreed upon mediator in the location of Los Angeles, California. Any costs and other fees other than attorney fees associated with the mediation will be shared equally by each party. If it proves impossible to resolve any dispute upon a mutually satisfactory resolution, we may proceed to court under the California system of courts and justice, with attorneys’ fees and costs awarded to the prevailing party in addition to any other relief to which any party might be entitled.
- SEVERABILITY. The provisions of these TOU are intended to be severable. If for any reason any provision of these TOU shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- ACKNOWLEDGMENT. YOU AGREE TO BE BOUND BY THE TOU by using the Website. The TOU, including all documents referenced herein, represent the entire understanding between you and the Website regarding your relationship with the Website and supersede any prior statements or representations. The aforementioned TOU are subject to change from time to time, at our sole discretion. Your continued use of the Website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this TOU section to review any updates or changes in these terms.