Terms of Use

WEBSITE / MOBILE TERMS OF USE

Welcome to the Livable California web site. By accessing or in any way using this Web site / mobile application owned by Livable California (the “Livable California Site”), you agree to Livable California’s Privacy Policy (to view our Privacy Policy click here) and the following Terms and Conditions. If you do not agree to any aspect of the Privacy Policy or to these Terms and Conditions, please do not use the Livable California Site. As used in these Terms of Use, “Livable California” means New Livable California, a California domestic nonprofit, and the terms “web site” or “site” include any Livable California mobile application, whether or not explicitly stated.

Although we may attempt to notify you when major changes are made to our Privacy Policy or these Terms and Conditions, you should periodically review the most up-to-date versions. Livable California may, in Livable California’s sole discretion, modify, or revise the Privacy Policy and these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Livable California Site / mobile application indicates your acceptance of the Privacy Policy, these Terms and Conditions, and any changes therein. In the event of any material change to the Privacy Policy or these Terms and Conditions, Livable California will post a prominent notice of the revision on the Livable California site’s home page or e-mail you such notice at an e-mail address you have provided to Livable California.  Questions about our Terms of Service may be directed to ______________

The Livable California Site is intended for exclusive use by persons who have reached the age of majority in their jurisdiction. By accessing or in any way using the Livable California Site, you affirm that you have reached the age of majority and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and you agree to abide by and comply with these Terms and Conditions.

Website Content
All materials provided by Livable California contained in the Livable California Site (“Livable California Content”) are the copyrighted property of Livable California, unless otherwise attributed. Livable California Content may be accessed, downloaded, printed or transmitted only for personal, non-commercial use. Livable California Content may not be used or redistributed for commercial purposes. You may not, copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use Livable California Content in any way or for any other purpose without the prior express written permission of Livable California. Additionally, you may not add, delete, distort, or misrepresent any Livable California Content.
The trademarks used in the Livable California Site are owned either by (1) Livable California or (2) their respective trademark owners. The names of actual companies and products mentioned may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed anywhere on the Livable California Site or in any Livable California Content. All rights are reserved.

Any attempts to modify any Livable California Content or to defeat or circumvent the Livable California Site’s technical security measures without the prior express written permission of Livable California is prohibited.

Website / Mobile Application Use
You agree not to use the Livable California Site to:

  • Upload, post, e-mail, transmit, or otherwise make available anything:
    • That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.  Please maintain a polite, pleasant and respectful environment.  Personal rebukes or attacks are unacceptable.
    • That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
    • That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Upload, post, e-mail, transmit, or otherwise make available any material or communications that may be deemed to be electioneering communications within the meaning of applicable federal law;
  • Express or imply that any statements you make are endorsed by Livable California without our specific prior written intent.
  • Postings must be relevant to the stated topic.
  • Harm minors in any way;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Advertise to offer to sell or buy any goods or services for any business purpose.
  • Post any material 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;
  • Interfere with or disrupt the Livable California Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Livable California Site;
  • Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers” that accesses the Web site in a manner that sends more request messages to the Livable California Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser;
    • Notwithstanding the foregoing, Livable California grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Livable California reserves the right to revoke these exceptions either generally or in specific cases.
  • Violate any applicable local, state, national, or international law, intentionally or unintentionally;
  • Stalk or otherwise harass another; and/or
  • Collect or store personal data about users.

Livable California reserves the right to remove any and all Livable California Content, user-submitted content, and/or any other content related to the Livable California Site at any time without prior notice. Further, Livable California reserves the right to deny access to any user at any time without any prior notice for violation of these Terms and Conditions.

Disclaimer of Warranties

You agree that your use of the Web site shall be at your sole risk. To the fullest extent permitted by law, Livable California, its affiliates, officers, directors, employees, trustees, and agents, disclaim all warranties, express or implied, in connection with the Web site and your use thereof. Livable California makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Livable California Site;
  • Any unauthorized access to or use of Livable California’s secure servers and/or any and all personal information and/or financial information stored therein;
  • Any interruption or cessation of transmission to or from the Livable California Site;
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Livable California Site by any third party;
  • And/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Livable California Site.

Livable California does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked Web site or featured in any banner or other advertising, and Livable California will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

You are solely responsible for your interactions with other Livable California website/mobile application users.

Livable California, its affiliates, officers, directors, employees, trustees, and agents, will not be liable for any damages or injury that accompany or result from your use of this site. In no event shall Livable California, its affiliates, officers, directors, employees, trustees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:

  • Any errors, mistakes, or inaccuracies of content;
  • Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Web site;
  • Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • Any interruption or cessation of transmission to or from our Web site;
  • Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Web site by any third party; and/or
  • Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Livable California is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Livable California will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Livable California Site is controlled and offered by Livable California from its facilities in the United States of America. Livable California makes no representations that the Livable California Site is appropriate or available for use in other locations. Those who access or use the Livable California Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.

Livable California reserves the right to modify Livable California’s website/mobile application. You are responsible for providing your own access to the website/mobile application. Livable California has no obligation to screen or monitor any content and does not guarantee that any content available on its website/mobile application complies with this Agreement.

The website/mobile application is provided on an “as is” and “as available” basis. You therefore use the site/mobile application at your own risk. Livable California expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Livable California makes no representations or warranties:

  • That the website/mobile application be uninterrupted or error-free;
  • Concerning any content submitted by any user;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on the website/mobile application or will be stored by LIVABLE CALIFORNIA;
  • That LIVABLE CALIFORNIA \ will continue to support any particular feature of its website/mobile application;
  • Concerning sites and resources outside of the website/mobile application, even if linked to from LIVABLE CALIFORNIA’S website/mobile application.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the website/mobile application, and no warranties shall apply after such period.

Certain state laws may not allow Livable California to limit or exclude liability for incidental or consequential damages. If you live in a state whose laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, Livable California’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Livable California Site.

Submitting Your Content to the Site

Any content submitted to this site, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, becomes and remains property of Livable California, even if this agreement is later terminated. Any and all such submitted content is subject to these Terms and Conditions.
Livable California expressly prohibits any and all submissions of the following content:

  • Nudity, pornography, and sexual material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or national laws;
  • Any material, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright, patent, or trademark rights;
  • Any material or communications that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law.
  • Any material that is unlawful, harmful, threatening, abusive, harassing, tortious, slanderous, defamatory, vulgar, obscene, profane, libelous, false or inaccurate, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, including posting private information belonging to or about other individuals;
  • Content that promotes, encourages, or provides instructional information about illegal activities;
  • Hate propaganda or hate mongering, swearing, or fraudulent material or activity.

Livable California has the right, but not the obligation, to monitor all conduct on and content submitted to its website/mobile application.  If any portion of the content posted by any visitor is found by Livable California to be in violation of any website policy, including these Terms and Conditions, at any time, Livable California has the absolute discretion to remove, screen or edit any content posted or stored on its website/mobile application at any time and for any reason, without prior notice.

In addition, Livable California may suspend, disable or delete your account (or any part thereof) if it determines you have violated any provision of this Agreement or that your conduct or content would tend to damage Livable California or any entity affiliated with Livable California.  If your account is deleted for the foregoing reasons, you are not permitted to re-register under a different name.   Upon termination, all licenses granted by Livable California will terminate.  In the event of account deletion, content that you submitted may no longer be available.  Livable California shall not be responsible for the loss of such content.

Warranty
By submitting content to Livable California servers, you represent and warrant that all submitted content complies with all applicable Web site policies, including these Terms and Conditions. Further, by submitting content, you represent and warrant that you own the copyright in all submitted content and have all necessary permissions from any persons or places depicted therein to upload the content and to grant to Livable California an irrevocable license to use the submitted content according to Livable California’s sole discretion, including but not limited to use in connection with third-party social networking or video Web sites such as Facebook.com, Twitter.com, or YouTube.com or any other Web site Livable California deems appropriate. You warrant that Livable California need not treat any such submitted content as confidential, and you agree that you cannot and will not sue Livable California for using or republishing in any manner any content or ideas you submit.

Grant of Rights/License
By submitting content to the Livable California Site, you grant Livable California (and its successors, assigns, licensees, agents, and affiliates) an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such content in any format either now known or hereafter created, and to use any information identifying the author provided in connection with that content, wholly in accordance with Livable California’s subjective discretion. You expressly grant Livable California the right to share or repost any such submitted content in any altered or unaltered form, without any further authorization from you, to affiliates, entities under agreement with Livable California and other Web sites, including but not limited to, Facebook.com, Twitter.com, and YouTube.com.

DMCA Notice and Takedown
As required by the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or content on the Livable California Site infringes your copyright, you must send a notice of claimed infringement to Livable California’s Designated Agent at the following address:
Legal Counsel
Livable California
2940 16th Street Suite 200-1
San Francisco, CA 94103

Phone: (415) 870-1511
Email: contact@livableca.org  (use “Legal Counsel” in subject line)

Written Notice
To be effective under Section 512(c)(3)(A), you must provide Livable California a written notification that includes the following elements:

  • A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
  • A description of the location on the Livable California Site (or, if the infringing information is located on another Web site linked to through the Livable California Site, information about the location of the link or reference on the Livable California Site) where the alleged infringement is occurring, providing sufficient detail to allow Livable California to locate the infringing material;
  • Your name, address, telephone number, and e-mail address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
  • Your physical or electronic signature.

Livable California does not permit copyright infringing activities and infringement of intellectual property rights on the Livable California Site, and Livable California will remove the infringing content if properly notified of infringement. As stated above, Livable California reserves the right to remove any and all content and user submissions without prior notice.

Counter-Notice
If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Livable California’s Legal Counsel:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Arlington, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
  • Your physical or electronic signature.

If a counter-notice is received by the Livable California’s Legal Counsel, Livable California may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that Livable California will cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Livable California’s sole discretion.

Links to Other Sites
The Livable California Site may contain hyperlinks to Web sites operated by third parties. You agree not to hold Livable California responsible for the content or operation of any and all such outside Web sites. A hyperlink from the Livable California Site to another Web site does not imply or mean that Livable California endorses the content on that Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other Web sites to which you might link from the Livable California Site. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of Livable California or Livable California’s respective employees, agents, or directors.

Indemnity
You agree to indemnify and hold harmless Livable California, its affiliates, related parties, officers, directors, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Livable California Site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.

Termination
Livable California or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all the Livable California Site, and (b) all related documentation and all copies and installations. Livable California may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy any and all such materials.

Miscellaneous
This is the entire agreement between the parties relating to the use of the Livable California Site.

The above Terms and Conditions will be governed by the law of the State of California, U.S.A, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the State of California.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Livable California without restriction.

You and Livable California agree that any claim or cause of action arising out of or related to the Web site must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

If you need to contact Livable California, please see the following information:

Livable California 
2940 16th Street Suite 200-1
San Francisco, CA 94103
Phone: (415) 870-1511
Email: contact@livableca.org

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