TERMS OF USE

Community Corporation of Santa Monica, its subsidiaries, affiliates and related business entities (“CCSM” or “we”) have created these Terms of Use to govern your use of the CCSM Website (the “Website”).  Please read these Terms of Use carefully before using our Website.  Your use of this Website confirms your unconditional acceptance of the Website’s Terms of Use (detailed below) and Privacy Policy.  If you do not agree to the Terms of Use, do not access or use this Website.

CONTENT; ACCESS

The term “Content” applies to any data, material or information of any type on this Website, as well as data, material and information supplied by third parties.  Please note that this Website is intended for adult use; if you are under the age of 13, do not use and/or submit any Content to this Website.

INTELLECTUAL PROPERTY

All the Content and information on the Website is protected by copyright, trademark, service mark or other proprietary rights or laws.  You expressly acknowledge CCSM’s proprietary rights in the Website (“Proprietary Rights”).  CCSM’s Proprietary Rights include, without limitation, the design, graphics, text, sounds, pictures, structure, sequence, organization and look and feel of the Website and/or the Content, as well as the selection, arrangement and display of facts within the Content.  You agree not to infringe the applicable copyrights or trademarks, if any, protecting our Proprietary Rights.  Additionally, you expressly agree to indemnify CCSM for any and all costs and expenses (including reasonable attorney’s fees) related to any legal proceedings brought by or against you with respect to our Proprietary Rights. We reserve all rights not expressly granted herein.

Without our express written permission, you shall not download, copy, modify, reproduce, display, or prepare derivative works based upon the Content of the Website.  Without our express written permission, any reproduction – except for your limited personal, non-commercial use – or republication, distribution, sublicense, sale or creation of derivative works, of any portion of the Content from the Website is expressly prohibited.  Additionally, unless expressly authorized by CCSM, you may not post any links between the Website and/or any Content, to any other website and/or location.  Any unauthorized use by you shall be deemed an infringement of our rights and shall constitute damage to CCSM, including, but not limited to, our reputation and good will.  Notwithstanding any available remedies provided to CCSM by law or equity, you acknowledge that we shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any unauthorized use by you.

LINKS TO THIRD PARTIES; LINKING OR FRAMING

Links on the Website to third party websites are provided only as a convenience to you.  We do not exercise control or endorse these third party websites, and thus, we are not responsible for the operation, content or practices of those websites.  Consequently, we do not endorse and/or approve the privacy policies, terms of use or information gathering practices of any third party website.  Consequently, our Privacy Policy and Terms of Use do not apply to those linked third party websites.  You agree that we are not responsible or liable for any content, goods or services provided on or through these websites and you hereby waive any claim you might have against CCSM with respect to those linked websites.   

Additionally, establishing or maintaining any link from another website to any page on the Website without our express written permission is prohibited.  Likewise, framing or attempting to frame any page of the Website without our prior written permission is prohibited.

DISCLAIMER; LIMITATION OF LIABILITY

We make no warranty regarding the operation of the Website, its Content, the products or services obtained through the Website or any other websites linked to the Website, or any transactions entered into through the Website.  Accordingly, your use of any and all Content is at your own risk, and thus, we are not responsible for any errors or omissions or for the results obtained from the use of any Content provided on the Website.  We do not guarantee that the Website will be uninterrupted, timely, secure or error-free, or that any defects and/or errors in the Website will be corrected.  Additionally, although CCSM takes reasonable precautions, we cannot guarantee that Content or files available for downloading from the Website will be free from worms, viruses, Trojan horses or other corrupting codes that possess contaminating and/or destructive properties.  By using this Website and agreeing to these Terms of Use, you understand and acknowledge that any Content downloaded or otherwise obtained through the use of this Website is at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any Content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND THAT YOUR USE IS AT YOUR OWN RISK.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE OR ITS CONTENT, INCLUDING THE ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

CCSM, INCLUDING BUT NOT LIMITED TO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, SUBSIDIARIES, AFFILIATES, RELATED BUSINESS ENTITIES AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF CCSM, SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, OR LOSS OF DATA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT BREACH OF WARRANTY, PRODUCT LIABILITY, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO OUR SERVICE, USE OR THE INABILITY TO USE THE WEBSITE AND/OR ANY CONTENT OR OTHER GOODS OR SERVICES PROVIDED.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, so the above disclaimers and limitations may not apply to you.  In those jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.

You understand that you are waiving rights with respect to claims that are at this time unknown or unsuspected, and in connection with that waiver, you acknowledge that you have read and understand, and you hereby expressly waive the benefits of Section 1542 of the Civil Code of California, and any similar law of any state, country or territory, which provides as follows:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor.”

INDEMNIFICATION

You hereby agree to indemnify and hold harmless CCSM to the fullest extent from and against any and all liabilities, claims, demands, costs, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or relating in any way to your breach of any of the provisions of these Terms of Use and/or third party claims arising from your use of the Website. This obligation will survive these Terms of Use and your use of the Website.

TERMINATION

Without penalty, we may terminate these Terms of Use, with or without cause, at any time, with or without notice.  We may also terminate or suspend your access to all or part of the this Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use, any applicable law or is harmful to the interests of another user of the Website or CCSM.

APPLICABLE LAW; JURISDICTION

These Terms of Use shall be governed by and construed under the laws of the State of California, without reference to its conflict of laws provisions.  These Terms of Use are deemed entered into in Los Angeles County, California.  All disputes arising out of or related to these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you agree and submit to the personal and exclusive jurisdiction and venue of these courts.

AMENDMENT

We reserve the right to modify and amend these Terms of Use and to post the amended Terms of Use on the Website, so you are encouraged to review these Terms of Use from time to time.  Your continued use of the Website following the posting of changes to these Terms of Use will mean your acceptance of those changes.  Our Privacy Policy is incorporated by reference into these Terms of Use.  Your continued use of the Website is deemed acceptance of both its Terms of Use and Privacy Policy.

ENTIRE AGREEMENT

These Terms of Use constitute the entire and only agreement between the parties relating to the subject matter hereof and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral.

GENERAL TERMS

Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or any other provision.  If any provision of these Terms of Use is deemed unlawful, void or for any reason held to be unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.  The headings in these Terms of Use are inserted for convenience only and shall not be used to define, limit or describe the scope of these Terms of Use or any of its obligations.

Effective November 12, 2015

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