Los Gatos-Saratoga Department of Community Education and Recreation, a Joint Powers Agency (“LGS Recreation,” “we,” or “our), provides a website located at http://www.lgsrecreation.org, including the mobile version of the website, (collectively, the “Site”), software we may make available through the Site (if any) (“Site Software”), and software we may make available for mobile devices (e.g. iPhone or Android application) (if any) (“Mobile Software,” and, collectively, the “Service”). The Service allows users to register themselves and/or their family members for various classes and programs, and further anticipates the implementation of a blog and/or other means by which users can post their own Content on the Site.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.lgsrecreation.org/. LGS Recreation may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Site and Service, including users who are also contributors of Content to the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of LGS Recreation, including but not limited to all services offered via the Site.
The Service may contain links to third party websites and advertisements that are not owned or controlled by LGS Recreation. LGS Recreation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, LGS Recreation will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve LGS Recreation from any and all liability arising from your use of any third-party website.
2.LGS Recreation Accounts
In order to access some features of the Service, you may have to create an LGS Recreation account. You may never use another's account without permission. When creating your account, you must provide accurate and truthful information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use another user’s account or allow another user to use your account. You must notify LGS Recreation immediately of any breach of security or unauthorized use of your account.
Although LGS Recreation will not be liable for your losses caused by any unauthorized use of your account or your failure to comply with the above requirements, you may be liable for the losses of LGS Recreation or others due to such unauthorized use.
3.General Use of the Service
LGS Recreation gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to i) use the Site solely for your personal, non-commercial purposes; ii) install and use Site Software (if LGS Recreation makes any available) and iii) install and use all Mobile Software solely on your handheld mobile device (if LGS Recreation makes any available). Your use of any Mobile Software may be governed by separate terms and conditions and you agree to all applicable terms of service.
LGS Recreation hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A.You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use, copying, disassembly, reverse compilation or reverse engineering of any Site Software or Mobile Software;
B.You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise commercially exploit any Service for any other purposes without the prior written consent of LGS Recreation. All copyright and other proprietary notices on any Service content must be retained on any copies;
C.You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," on the Service;
D.You agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data;
E.You agree not to post, display or transmit any user content that violates any third-party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or propriety right of a third party;
F.You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes;
G.You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content;
H.In your use of the Service, you will comply will all applicable laws.
LGS Recreation reserves the right to modify, suspend or discontinue any aspect of the Service at any time with or without notice.
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service to the extent the submission of Content is enabled. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that LGS Recreation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LGS Recreation with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless LGS Recreation, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. LGS Recreation is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of your Content if you desire.
You understand that LGS Recreation does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to LGS Recreation all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. You acknowledge and agree that LGS Recreation may display advertisements, product and service offers and deals and other information with Content and that you are not entitled to any compensation for such advertisements.
For clarity, you retain ownership of your Content. However, by submitting Content to LGS Recreation, you hereby grant LGS Recreation a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and LGS Recreation (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant LGS Recreation all of the license rights granted herein.
LGS Recreation does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and LGS Recreation expressly disclaims any and all liability in connection with Content. LGS Recreation does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and LGS Recreation reserves the right (but have no obligation) to review any Content, investigate, and/or take appropriate action in our sole discretion (including the removal of all Content) if properly notified that such Content infringes on another's intellectual property rights. LGS Recreation reserves the right to remove Content without prior notice.
It is LGS Recreation’s policy, in appropriate circumstances and at its sole discretion, to disable and/or terminate the web pages or accounts of users of the Site who may infringe the copyrights or other intellectual property rights of LGS Recreation and/or others. Pursuant to 17 USC Section 512 as amended by Title II of the Digital Millennium Copyright Act, LGS Recreation has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed, please send a notice to our designated agent (information below).
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- 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 at a single online site are 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement. Our DMCA Registered Agent is:
Attn: Copyright Agent
Los Gatos-Saratoga Recreation
208 East Main Street
Los Gatos, CA 95030
6.Account Termination Policy
These Terms of Service will remain in full force and effect while you use the Service, unless otherwise terminated. LGS Recreation will suspend a user’s rights to use the Service or terminate a user's access to the Service if, under appropriate circumstances and at LGS Recreation’s sole discretion, the user is determined to be in violation of these Terms of Service. Any termination of a user’s account involves deletion of the Content associated therewith from our live databases and LGS Recreation will have no liability in connection therewith.
You agree not to hold LGS Recreation liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release LGS Recreation (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not LGS Recreation becomes involved in any resolution or attempted resolution of the dispute. 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine
At LGS Recreation’s request, you agree to defend, indemnify and hold harmless LGS Recreation, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you of these Terms of Service, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LGS RECREATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. LGS RECREATION 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LGS RECREATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LGS RECREATION 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.
10.Limitation of Liability
IN NO EVENT SHALL LGS RECREATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE MAXIMUM LIABILITY OF LGS RECREATION ARISING OUT OF OR IN ANYWAY CONNECTED TO THESE TERMS OF SERVICE OR THE SERVICE SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE OR THE SERVICE.
These Terms of Service are made and entered into in the State of California and shall be governed by, interpreted, enforced and construed in all respects in accordance with the laws of the State of California, excluding its conflict of laws rules. The language of all parts of these Terms of Service shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purposes of litigating all such claims or disputes. Notwithstanding the foregoing, LGS Recreation may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.