TERMS OF USE AGREEMENT

LamorindaWeb is a community-oriented website that offers online resources such as a listing of restaurants and businesses in the community, social networking, personal blogs, event lists, classified ads, coupons/offers, and other features and is intended primarily to serve the residents of the California communities of Lafayette, Moraga and Orinda.  The classified ad section contains additional terms of use.  

This Terms of Use Agreement, as may be modified from time to time (“Agreement”) constitutes legally binding terms and applies to your use of LamorindaWeb.  By accessing and or using LamorindaWeb services, you agree to be bound by this Agreement whether you are a “Visitor” or a “Member”, both “Users.”  You are authorized to use LamorindaWeb only if you agree to abide by all applicable laws, rules, and regulations (“Applicable Law”) and the terms of this Agreement.  

LamorindaWeb reserves the right to modify this Agreement from time to time, and you agree to be bound by these modifications.  If you do not agree to be bound to this Agreement, you must discontinue use of LamorindaWeb.

Eligibility  

You represent and warrant that:

(a)   all registration information you submit is truthful and accurate;
(b)   you will maintain the accuracy of such information;
(c)   you are 13 years of age or older; and
(d)   your use of LamorindaWeb does not violate any Applicable Law.

Your Membership may be terminated without warning if we believe that you are under 13 years of age or have otherwise falsified your age or other registration information.

Term

This Agreement and any modifications thereof shall remain in full force and effect while you use LamorindaWeb.  You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page.  LamorindaWeb may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.  LamorindaWeb also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the LamorindaWeb website at any time, for any reason or no reason, or if it decides, in its sole discretion, that you have violated this Agreement or pose a threat to LamorindaWeb, its employees, business partners, Users and/or the public, with or without prior notice or explanation, and without liability.  

Membership  

There are two kinds of Members:

(a)   Personal Members.  Personal Members are Users who use LamorindaWeb for personal, noncommercial uses including the creation of a personal profile, participation in blogs, reviews, etc., and who subscribe to the e-newsletter, etc.  

(b)   Business Members.  Business Members are Users who use LamorindaWeb in connection with their businesses, and may choose to enhance their business listings and take advantage of other services available to Business Members.

(c)   This Agreement applies to both Personal Members and Business Members, both referred to in this Agreement as “Members” unless otherwise stated.  Additional guidelines and rules applying to Business Members and Personal Members appear below.

Password  

When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party.  You agree to notify LamorindaWeb immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.  

Proprietary Rights in Content on LamorindaWeb

LamorindaWeb does not claim any ownership rights in the content that you post (“Your Content”) through or in connection with the LamorindaWeb services.  You continue to retain all rights that you may have in Your Content, subject to the following limited license:  You hereby grant to LamorindaWeb a limited license to use, edit, publicly perform, publicly display, reproduce, and distribute Your Content solely on, through or in connection with the LamorindaWeb services, including without limitation, through LamorindaWeb applications, widgets, websites or mobile, desktop, or other services which are linked with your LamorindaWeb registration, including, without limitation, distributing part or all of the LamorindaWeb services and any of Your Content included therein, in any media formats and through any media channels.  This limited license does not grant LamorindaWeb the right to sell or otherwise distribute Your Content outside of LamorindaWeb services or Linked Services.  After you remove Your Content from the LamorindaWeb services, we will in our sole discretion, cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.  Notwithstanding the foregoing, you understand and agree that once Your Content is distributed to Linked Services or incorporated into other aspects of the LamorindaWeb services, we are under no obligation to delete that content, and therefore it may continue to appear and be used indefinitely.

The license you grant to LamorindaWeb is non-exclusive (meaning you are free to license Your Content to anyone else in addition to LamorindaWeb), fully-paid and royalty-free (meaning that LamorindaWeb is not required to pay you (or anyone else deriving rights from you) for the use on the LamorindaWeb services of Your Content), and sublicensable (so that LamorindaWeb is able to use its affiliates, subcontractors and other partners such as internet content delivery networks and wireless carriers to provide the LamorindaWeb services elsewhere.)

You represent and warrant that:

(a)    you own the content posted by you on, through or in connection with the LamorindaWeb services, or otherwise have the right to grant the license set forth in this section and

(b)     the posting of Your Content on, through or in connection with the LamorindaWeb services and/or Linked Services does not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity.  You agree to pay all royalties, fees, and any other monies owing any person or entity by reason of the use of any content posted by you on or through the LamorindaWeb services and/or Linked Services.
    
The LamorindaWeb services contain content of Users and other LamorindaWeb licensors.  Except as provide within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any content (except Your Content) appearing on or through the LamorindaWeb services.

LamorindaWeb’s Intellectual Property

LamorindaWeb’s own content is protected by copyright, trademark, patent, trade secret and other laws, and LamorindaWeb owns and retains all rights therein.  LamorindaWeb hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the LamorindaWeb content (excluding any software code) solely for your personal use in connection with viewing LamorindaWeb and using the LamorindaWeb services.

LamorindaWeb and LamorindaWeb.com are the exclusive trademarks of Happy Pixel Studio.  You may not use these marks, or confusingly similar marks or domain names, to promote your business, goods or services, or in ways that may create the perception that LamorindaWeb endorses your business, goods or services, unless you are specifically authorized to do so by LamorindaWeb.

Advertising

LamorindaWeb may display advertisements, promotions, and other information alongside Your Content, and you are not entitled to any compensation in connection with such postings.

Prohibited Commercial Use by Members 

LamorindaWeb may not be used for commercial purposes, except for permitted commercial use by our Business Members and authorized classified ads.  Illegal and/or unauthorized use of the LamorindaWeb services, including without limitation, unauthorized commercial advertisements, affiliate links, collection of usernames, user ID numbers, email addresses of Members, and other forms of unauthorized data collection, unauthorized framing of or linking to LamorindaWeb, or employing third party promotional sites or software to promote anything for money, is prohibited.

Prohibited Content

You are solely responsible for the content that you post on, through or in connection with any of the LamorindaWeb services, and any material or information that you transmit to other Members and for your interactions with other Users.  You may not post any form of Prohibited Content, as outlined below. 
     
LamorindaWeb may reject, refuse to post or delete any content for any or no reason, including, but not limited to content that in the sole judgment of LamorindaWeb violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.

Prohibited Content/Activity - Examples
LamorindaWeb Prohibited Content includes, but is not limited to, content that, in the sole discretion of LamorindaWeb:

1.    constitutes or implies profanity, obscenity, indecency, or is otherwise patently offensive or promotes or otherwise incites bigotry, racism, hatred or physical harm of any kind against any group or individual;
                 
2.    harasses or advocates harassment of another person;

3.     exploits people in a sexual or violent manner;
   
4.     contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

5.     solicits or is designed to solicit personal information from anyone under 18;

6.     publicly posts information that poses or creates a privacy or security risk to any person;
 
7.     constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
 
8.     constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as posting pirated images, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music and videos or links to pirated music and video files;
 
9.    involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10.    contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
 
11.    furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12.    solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
   
13.   involves unauthorized commercial activities and/or sales such as contests, sweepstakes, barter, unauthorized advertising by Members, or pyramid schemes;
 
14.   includes a photograph or video of another person that you have posted without that person's consent;

15.   uses sexually suggestive imagery or any unfair, misleading or deceptive content intended to draw traffic to the post;

16.   uses the trademark, company name, or the name or image of a famous person without authorization to promote goods or services; or

17.    impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity.

LamorindaWeb Prohibited Activity includes, but is not limited to:
1.    criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets;
 
2.    unauthorized advertising to, or soliciting the buying or selling of products or services.  You may not transmit any chain letters or junk email to other Members.
 
3.    circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of LamorindaWeb services;

4.    activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the     functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

5.     modifying, copying, distributing, downloading, scraping or transmitting data in, through, or in connection with LamorindaWeb services;

6.    providing or using “tracking” or monitoring functionality in connection with the LamorindaWeb services, including, without limitation, to identify other Users’ views, actions or other activities on LamorindaWeb services;     
 
7.    interfering with, disrupting, or creating an undue burden on LamorindaWeb services or the networks or services connected to LamorindaWeb services;

8.    impersonating or attempting to impersonate LamorindaWeb or a LamorindaWeb employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of  email addresses associated with or of any of the foregoing);   

9.    using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting anyone to access your account.
    
10.    using or distributing any information obtained from LamorindaWeb services in order to harass, abuse, or harm another person or entity, or     attempting to do the same;

11.    displaying an unauthorized commercial advertisement, or accepting     payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of LamorindaWeb services on behalf of that person;

12.    using invalid or forged headers to disguise the origin of any content transmitted to or through LamorindaWeb’s computer systems, or otherwise misrepresenting yourself or the source of any message or content;

13.     using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the LamorindaWeb for the purposes of sending unsolicited or unauthorized material;

14.     engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
     
15.    using LamorindaWeb services in a manner inconsistent with any and all Applicable Law.
Removal / Termination for Unauthorized Content or Activity
LamorindaWeb reserves the right to investigate and take appropriate legal action against anyone who, in LamorindaWeb’s sole discretion, violates these provisions, including, without limitation, removing the offending material without notice or explanation, terminating your Membership and/or reporting such activity to law enforcement authorities.

LamorindaWeb assumes no responsibility for monitoring the LamorindaWeb services for inappropriate content or conduct.  Even if LamorindaWeb chooses, in its sole discretion, to monitor the LamorindaWeb services, LamorindaWeb assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting such content. 

If you become aware of a misuse of the LamorindaWeb services, please contact us.

Protecting Copyrights and Other Intellectual Property
LamorindaWeb respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is LamorindaWeb’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.

If you believe your work has been copied and posted on or through LamorindaWeb services in a way that constitutes copyright infringement, please send LamorindaWeb's Copyright Agent a notification of claimed infringement with all of the following information:

(a)    identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b)     identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on LamorindaWeb services (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c)     information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d)     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e)     a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and

(f)    your physical or electronic signature.

Please notify LamorindaWeb’s Copyright Agent of the claimed infringement at the following address:
Tiraporn Olsen
LamorindaWeb
3685 Mt. Diablo Blvd., Ste 310
Lafayette, CA 94549
Contact LamorindaWeb

If you receive a notice from LamorindaWeb that we have received an infringement claim about Your Content, and you believe that the content is not infringing, or that you have authorization from the intellectual property owner, or pursuant to the law, to post and use the content, you may send a counter-notice.  Our infringement notice will give you specific guidelines for doing so. 

Third Party Linked Services
Linked Services created by third party developers may be available on, through or in connection with LamorindaWeb services. “Linked Services” include applications, websites, desktop, wireless, mobile and other services available from third parties which can shared with other Users on LamorindaWeb services or which may link to your LamorindaWeb account from outside of LamorindaWeb services
When you engage with a third party Linked Service, you are interacting with the third party, not with LamorindaWeb, which does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. LamorindaWeb is not responsible for and makes no warranties, express or implied, as to third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). LamorindaWeb encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

Member Disputes
You are solely responsible for your interactions with other LamorindaWeb Users, third party developers or any other parties with whom you interact through LamorindaWeb services and/or Linked Services. LamorindaWeb reserves the right, but has no obligation, to become involved in any way with these disputes.

Disclaimers
LamorindaWeb is not responsible for and makes no warranties, express or implied, as to the User content or the accuracy and reliability of the User content posted through or in connection with LamorindaWeb services or Linked Services, by Users of LamorindaWeb services or Linked Services, and such User content does not necessarily reflect the opinions or policies of LamorindaWeb.
In addition, LamorindaWeb is not responsible for any damage, injury or loss caused by Users of LamorindaWeb services or by any of the equipment or programming associated with or utilized in LamorindaWeb services or Linked Services.

Profiles and Linked Services created and posted by Members on, though or in connection with LamorindaWeb services may contain links to other websites or services. LamorindaWeb is not responsible for the content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by LamorindaWeb. Inclusion of any linked website or service on LamorindaWeb services does not imply approval or endorsement of the linked website or service by LamorindaWeb. When you access these third party sites and services, you do so at your own risk. LamorindaWeb takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with LamorindaWeb services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties.

LamorindaWeb is not responsible for the conduct, whether online or offline, of any User of LamorindaWeb services or Linked Services. LamorindaWeb assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. LamorindaWeb is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of LamorindaWeb services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with LamorindaWeb services or Linked Services. Under no circumstances shall LamorindaWeb be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of LamorindaWeb services or Linked Services, attendance at a LamorindaWeb event, from any User content posted on or through LamorindaWeb services or Linked Services, or from the conduct of any Users of LamorindaWeb services, whether online or offline.

LamorindaWeb’s services and Linked Services are provided "AS IS" and as available and expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LamorindaWeb cannot guarantee and does not promise any specific results from use of LamorindaWeb services or Linked Services.

Limitation on LamorindaWeb Liability
IN NO EVENT SHALL LAMORINDAWEB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF LAMORINDAWEB SERVICES OR LINKED SERVICES, EVEN IF LAMORINDAWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF LAMORINDAWEB TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LAMORINDAWEB FOR LAMORINDAWEB SERVICES.

Jurisdiction
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. If a dispute arises under this Agreement, you agree to promptly notify LamorindaWeb of the dispute and to work together with LamorindaWeb in good faith to attempt to resolve it.  If we are unable to resolve the dispute, either party may commence mediation through the Conflict Resolution Program – Center for Human Development in Contra Costa County, or other venue mutually agreeable to both parties.  If litigation is necessary, you and LamorindaWeb agree to submit to the exclusive jurisdiction of the courts located in the Northern District of California to resolve any dispute arising out of the Agreement or LamorindaWeb services.  You agree that (i) the Lamorindweb website shall be deemed solely based in California; and (ii) the LamorindaWeb website shall be deemed a passive website that does not give rise to personal jurisdiction over LamorindaWeb, either specific or general, in jurisdictions other than California. 

Indemnity
You agree to indemnify and hold LamorindaWeb, its owner, subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of LamorindaWeb services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any content that you post on, through or in connection with LamorindaWeb services.

General
You accept this Agreement when you first use the LamorindaWeb website or any of the LamorindaWeb services and you further affirm your acceptance by becoming a Member. Your agreement with LamorindaWeb will always include this Agreement at a minimum along with its modifications. Your access to and use of certain LamorindaWeb services will require you to accept additional terms and conditions applicable to such certain LamorindaWeb services, in addition to this Agreement, and may require you to download software or content. The failure of LamorindaWeb to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 

Communications
Communication with LamorindaWeb regarding any questions about this Agreement can be initiated by contacting:

Happy Pixel Studio, LLC
3685 Mt. Diablo Blvd., Ste 310
Lafayette, CA  94549
Contact LamorindaWeb