Los Angeles InDesign User Group
Last updated May 30, 2015.
These terms govern your use of our website or services (collectively “Service”). By using the Service you agree to these terms. If you have entered into another agreement with us concerning specific Services then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services.
1. How this Agreement Works.
1.1 Eligibility. You may only use the Service if you are (a) over 13 years old and (b) allowed by law to enter into a binding contract.
1.3 Availability. Pages describing the Service are accessible worldwide but this does not mean all Service or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Service (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Service is legal where you use them. Service are not available in all languages.
1.4 Additional Terms. New Additional Terms may be added from time to time.
1.5 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service.
1.6 Modification. We may modify, update, or discontinue the Service, (including any of their portions or features) at any time without liability to you or anyone else.
2. Use of Service.
2.1 License. Subject to your compliance with these terms and the law, you may access and use the Service.
2.2 Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Service. We reserve all rights not granted under these terms.
2.3 User-Generated Content. We may host user-generated content from our users. If you access our Service, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the “Report” button to report the content to us.
3. Your Content.
3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
3.2 Licenses to Your Content in Order to Operate the Service. We require certain licenses from you to your content to operate and enable the Service. When you upload content to the Service, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the Service.
3.3 Our Access. We will not access, view, or listen to any of your content, except as reasonably necessary to perform the Service. Actions reasonably necessary to perform the Service may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these terms.
3.4 Sharing Your Content.
(a) Sharing. We may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Service. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share.
(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.
(c) Comments. The Service may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups.
3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
3.7 Selling Your Content. We may allow you to license your content to other users through our Service. If available, you may choose to license your content through us under a separate agreement or directly to other users under an agreement between you and the buyer.
4. User Conduct.
4.1 Responsible Use. This Service consists of users who expect a certain degree of courtesy and professionalism. You must use the Service responsibly.
4.2 Misuse. You must not misuse the Service or content that we provide to you as part of the Service. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Service or content;
(b) enable or allow others to use the Service or content;
(c) use the content included in the Service to construct any kind of database;
(d) access or attempt to access the Service by any means other than the interface we provided or authorized;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Service;
(f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) attempt to disable, impair, or destroy the Service, software, or hardware;
(j) disrupt, interfere with, or inhibit any other user from using the Service (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(l) place advertisement of any products or services in the Service;
(m) use any data mining or similar data gathering and extraction methods in connection with the Service; or
(n) violate applicable law.
5. Fees and Payment.
5.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
6. Your Warranty and Indemnification Obligations.
6.1 Warranty. By uploading your content to the Service, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.
6.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Service, or your violation of these terms.
7. Disclaimers of Warranties.
7.1 Unless stated in the Additional Terms, the Service is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Service. We further disclaim any warranty that (a) the Service will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Service will be effective, accurate, or reliable; (c) the quality of the Service will meet your expectations; or that (d) any errors or defects in the Service will be corrected.
7.2 We specifically disclaim any liability for any actions resulting from your use of any Service. You may use and access the Service at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service.
8. Limitation of Liability.
8.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y)based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Service. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
8.2 Our total liability in any matter arising out of or related to these terms is limited to US $25. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
8.3 The limitations and exclusions in this Section 8 apply to the maximum extent permitted by law.
9.1 Screening. We do not review all content uploaded to the Service, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
9.2 Disclosure. We may access or disclose information about you, or your use of the Service, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
10. Export Control Laws.
The Service, content, and your use of the Service and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and content. You agree to comply with all the laws, restrictions, and regulations.
11. Dispute Resolution.
11.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or us must resolve any claims relating to these terms, the Service through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
11.2 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
11.3 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Service or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
We may modify these terms or any additional terms that apply to a Service, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised terms.
13.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.
13.2 Notice to us You may send the notices to us to at the following address: Los Angeles InDesign User Group, Box 83515, Los Angeles, California 90083-0515.
13.3 Notice to You. We may notify you by email, postal mail, postings within the Service, or other legally acceptable means.
13.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements between you and us relating to the Service.
13.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
13.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
13.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
Los Angeles InDesign User Group, Box 83515, Los Angeles, California 90083-0515