TERMS & CONDITIONS
WEBSITE TERMS AND CONDITIONS OF USE
- Acceptance of Terms. Santa Monica R Restaurant Association, Inc., d/b/a Basement Tavern, its parents, subsidiaries, related companies and other controlled affiliates (collectively, the “Santa Monica R Restaurant Association,” “we,” “us,” and “our”) provide our service to you subject to this agreement (“Agreement”) setting forth our terms and conditions of use and/or service (“Terms”). The Terms cover all information, data, and services available at BasementTavern.com and any other websites and mobile applications operated by us that link to these Terms (collectively, the “Site”). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms. We reserve the right to provide you with operating rules or additional terms that may govern your use of the Site generally, unique parts of the Site, or both (“Additional Terms”). Any Additional Terms that we may provide to you are hereby incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AND WILL BE DEEMED EFFECTIVE AS SET FORTH BELOW. IF YOU USE THE SITE AFTER CHANGES TO THESE TERMS BECOME EFFECTIVE, SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK THIS PAGE FREQUENTLY AND REVIEW THESE TERMS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
- How to Contact Us. This Site is controlled and operated by Santa Monica R Restaurant Association, Inc. If you have any questions about this Site, the practices of this Site, or your dealings with this Site, please contact: Santa Monica R Restaurant Association, Inc., 2640 Main St., Santa Monica, CA You may also contact us by e-mail at: firstname.lastname@example.org.
- The Site is only made available to users 18 years of age or older. If you are not 18 years old, please immediately discontinue using the Site, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please immediately discontinue using the Site. By using or attempting to use the Site, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.
- Restrictions on Use. All pages within this Site and any material made available for download are the property of Santa Monica R Restaurant Association and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Santa Monica R Restaurant Association. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Santa Monica R Restaurant Association.
When using the Site, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Site or any of its content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, technology, documentation, or interactive features (collectively, the “Site Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. Without limiting the foregoing, you may not copy images from the Site and use them without our express written consent. You may download or print one copy of Site Content for your personal, non-commercial use only, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Site. You also acknowledge that you do not acquire any ownership rights by downloading or printing Site Content.
Furthermore, except as expressly permitted in these Terms, you may not: remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site or Site Content; circumvent, disable or otherwise interfere with security-related features of the Site including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or Site Content; use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Site or Site Content for any purpose without our express written permission (notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Site Content from the Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Site Content that is available to the public; and we reserve the right to revoke this permission (generally or specifically) at any time); transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; collect or harvest any personally identifiable information from the Site including, without limitation, user names, passwords, or email addresses; solicit other users to join or become members of any commercial online service or other organization without our prior written approval; attempt to or interfere with the proper working of the Site or impair, overburden, or disable the same; decompile, reverse engineer, or disassemble any portion of any the Site; use network-monitoring software to determine architecture of or extract usage data from the Site; encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; or engage in any conduct that restricts or inhibits any other user from using or enjoying the Site. Moreover, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
- Registration, Information You Provide. To access certain parts of the Site (“Restricted Areas”), we may ask you to register and for certain information in order to provide you with services you request, such as reservations and/or appointments. By providing information on our Site, such as in conjunction with a registration and/or request for services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “User Data”) and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or as to which Santa Monica R Restaurant Association has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, the Santa Monica R Restaurant Association may deny you access to areas of the Site or the Santa Monica R Restaurant Association’s services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from Santa Monica R Restaurant Association and/or its affiliates related to content found on the Site. You may opt out of receiving these communications at any time by sending an email to email@example.com.
- Account Password and Security. At the time of registration for online account access, you will select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to: (a) keep your password confidential and not share them with anyone else; (b) immediately notify Santa Monica R Restaurant Association of any unauthorized use of your password or account or any other breach of security; and (c) use only your password to access the Site’s Restricted Areas. Santa Monica R Restaurant Association cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge and agree that Santa Monica R Restaurant Association is authorized to act on instructions received through use of your password, and that Santa Monica R Restaurant Association may, but is not obligated to, deny access or block any transaction made through use of your password without prior notice if we believe your password is being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that Santa Monica R Restaurant Association may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety ofSanta Monica R Restaurant Association, its users and the public.
Any usernames and passwords used for this Site are for individual use only. The Santa Monica R Restaurant Association shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that the Santa Monica R Restaurant Association considers insecure, the Santa Monica R Restaurant Association will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Santa Monica R Restaurant Association reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
- Online Privacy Notice. Your privacy is important to us. To help protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Go to basementtavern.com/privacy-policy.html to read this notice, which forms part of these Terms. Your use of the Site and acceptance of these Terms, constitute your acceptance of the practices set forth in this privacy notice.
- Trademark and Copyright Notice. This Site and content and materials on this Site include the logos, trademarks, and service marks and/or are otherwise protected by copyrights, patents, trade secrets or other proprietary rights of the Santa Monica R Restaurant Association, Basement Tavern, Inc., and/or The Victorian. Some of the characters, logos or other images on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by the Santa Monica R Restaurant Association, The Victorian, Inc., and/or Basement Tavern or others. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
- Warranty Disclaimer. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, AND THE SANTA MONICA R RESTAURANT ASSOCIATION
AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE SANTA MONICA R RESTAURANT ASSOCIATION
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE SANTA MONICA R RESTAURANT ASSOCIATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SANTA MONICA R RESTAURANT ASSOCIATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SANTA MONICA R RESTAURANT ASSOCIATION
MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE SANTA MONICA R RESTAURANT ASSOCIATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability. THE SANTA MONICA R RESTAURANT ASSOCIATION DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE SANTA MONICA R RESTAURANT ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE SANTA MONICA R RESTAURANT ASSOCIATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Although the Santa Monica R Restaurant Association attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Santa Monica R Restaurant Association so that it can be corrected. Information contained on the Site may be changed or updated without notice.
- Confidential and Proprietary Information. The Santa Monica R Restaurant Association does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to the Santa Monica R Restaurant Association through the Site will be deemed NOT to be confidential. By sending the Santa Monica R Restaurant Association any information or material, you grant the Santa Monica R Restaurant Association an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that the Santa Monica R Restaurant Association is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
- Links to Our Site. If you desire to provide a hyperlink from your Site to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.
- Links or Pointers to Other Sites. The Santa Monica R Restaurant Association makes no representations whatsoever about any other Site that you may access though this Site. When you access a non-Santa Monica R Restaurant Association website, please understand that it is independent from the Santa Monica R Restaurant Association, and that the Santa Monica R Restaurant Association has no control over the content on that Site. In addition, a hyperlink to a non-Santa Monica R Restaurant Association
website does not mean that the Santa Monica R Restaurant Association endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
- The Santa Monica R Restaurant Association reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or email you make or send to any Forum. The Santa Monica R Restaurant Association may seek to gather information from the user who is suspected of violating these Terms, and from any other user. The Santa Monica R Restaurant Association may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If the Santa Monica R Restaurant Association believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or email, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Santa Monica R Restaurant Association will fully cooperate with any law enforcement authorities or court order requesting or directing the Santa Monica R Restaurant Association
to disclose the identity of anyone posting any email, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE SANTA MONICA R RESTAURANT ASSOCIATION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE SANTA MONICA R RESTAURANT ASSOCIATION DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE SANTA MONICA R RESTAURANT ASSOCIATION OR LAW ENFORCEMENT AUTHORITIES.
- Modification to Service. The Santa Monica R Restaurant Association reserves the right at any time to modify, discontinue or remove, temporarily or permanently, the Site and/or the Site (or any part thereof), including the Restricted Areas, with or without notice. You agree that the Santa Monica R Restaurant Association shall not be liable to you or any third party for any modification, suspension, removal or discontinuance of the Site.
- You agree that the Santa Monica R Restaurant Association may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Site and/or the Restricted Areas. Grounds for such termination shall include, but not be limited to: (a) failing to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements or guidelines; (b) requests by law enforcement or government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification of the Site (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. Termination of your access and/or account(s) may include: removal of access to all offerings within the Site’s Restricted Areas; at the Santa Monica R Restaurant Association’s sole discretion, the deletion of all of your Site account information and other content associated with your Site account (or any part thereof); and barring further use of the Site’s Restricted Areas.
Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site, your account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.
- Local Regulations. The Santa Monica R Restaurant Association makes no representation that material or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
- Indemnity, Hold Harmless, Duty to Defend. You agree to indemnify, hold harmless and defend without counsel of our choosing the Santa Monica R Restaurant Association and its affiliates, officers, directors, employees, agents, distributors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Santa Monica R Restaurant Association’s servers, and/or from any and all use of your account.
- Third Party Sites. This Site may link you to other sites on the Internet or any other application or service. These sites, apps, and services may contain information or material that some people may find inappropriate or offensive. These other sites, apps, and services are not under the control of the Santa Monica R Restaurant Association, and you acknowledge that (whether or not such sites are affiliated in any way with the Santa Monica R Restaurant Association). The Santa Monica R Restaurant Association is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, apps, or services. The inclusion of such a link does not imply endorsement of any site, app, or service by the Santa Monica R Restaurant Association or any association with its operators. The Santa Monica R Restaurant Association cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from the Santa Monica R Restaurant Association since other shop channels are owned and operated by independent retailers. The Santa Monica R Restaurant Association does not endorse any of the merchandise, nor has the Santa Monica R Restaurant Association taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. Furthermore, the Santa Monica R Restaurant Association does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites . We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
- Proprietary Online Services. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
- Choice of Law and Venue. These Terms are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such.
- Attorney’s Fees. Except as provided herein (including without limitation the arbitration clause, which provides the prevailing party may be entitled to attorney’s fees), in an action to enforce these Terms, the prevailing party shall be entitled to costs and attorney’s fees.
- No Unlawful or Prohibited Purpose. As a condition of your use of this Site, you warrant to the Santa Monica R Restaurant Association that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
- Any dispute arising out of this Agreement shall be governed by the California Arbitration Act (“CAA”) (California Code Civ. Proc., §1280 et seq.) in accordance with the commercial arbitration rules of JAMS or AAA in effect at the time the arbitration commences.
If a dispute arises between you and the Santa Monica R Restaurant Association, you agree to provide the Santa Monica R Restaurant Association with notice of the dispute via email to firstname.lastname@example.org. Upon our receipt of the notice, the parties shall have a period of sixty (60) calendar days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this Section. Except for class actions (see, Section immediately below), claims to enforce intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and claims of piracy or unauthorized use of the Site, any dispute of any kind between you and any member of the Santa Monica R Restaurant Association arising under these Terms or in connection with your use of the Sites (“Dispute”), if unresolved through informal discussions within sixty (60) calendar days of receipt of notice, shall be resolved by binding arbitration as set forth herein. Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court in Los Angeles County, California. However, after such request for relief has been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
The arbitration shall be scheduled to take place in Los Angeles County, California, shall be governed by California law, and all of the fees and costs of the arbitration shall be shared equally by the parties participating therein. Attorneys’ fees may be awarded to the prevailing party at the discretion of the arbitrator, but the arbitrator shall neither have power to alter or amend this Agreement, nor power to award any relief inconsistent with the provisions herein or unavailable in a court of law, nor power to commit errors of law or legal reasoning. The arbitrator’s award shall, at a minimum, be a reasoned award. The arbitrator’s award may be appealed, and may be vacated or corrected on appeal, solely pursuant to the appellate arbitration rules of JAMS or AAA in effect at the time the arbitration commences (“Appellate Rules”) and the arbitrator’s award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired.
- Class Action Waiver. The parties agree that they will resolve their Dispute on an individual basis, and that any claims brought under this agreement or in connection with the Sites must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Sites. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Los Angeles County in the state of California.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.
- If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Copyright Policy. To protect its investment, the Santa Monica R Restaurant Association diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates the Santa Monica R Restaurant Association’s copyrights. This policy is subject to change at any time and without notice.
Modification of the Santa Monica R Restaurant Association’s copyrighted materials without explicit permission for commercial use constitutes infringement. Without written permission from the Santa Monica R Restaurant Association, you may not make any unauthorized reproduction or engage in distribution of the Santa Monica R Restaurant Association’s copyrighted materials, which include, but are not limited to, materials such as books, publications, computer software (including object code and source code), online curricula, web content, diagrams, photos, testing materials, exams, text, images, and graphics published by the Santa Monica R Restaurant Association in any format. It is the Santa Monica R Restaurant Association policy to enforce its copyrights against any third party who infringes on its copyright. To ensure that you do not infringe on any of the Santa Monica R Restaurant Association’s copyrighted materials: do not directly or indirectly copy, reproduce, or distribute any of the Santa Monica R Restaurant Association’s materials (including web pages) or any part of the text or graphics from those materials; do not directly or indirectly modify or create derivative works of any of the Santa Monica R Restaurant Association’s materials; do not copy, reproduce, or modify source code or object code of any of the Santa Monica R Restaurant Association’s products; do not create an emulator or simulator of a Santa Monica R Restaurant Association product in a manner that is likely to confuse the public about the source of the emulator or simulator; do not create materials that look as though they originated from or are endorsed by the Santa Monica R Restaurant Association; do not imitate the color or visual appearance of the Santa Monica R Restaurant Association’s materials and/or products; do not use the Santa Monica R Restaurant Association’s icons as graphical design elements in your materials; and do not distribute the Santa Monica R Restaurant Association’s work by sale, rental, or other disposition.
Copyright Permission Requests: To request permission to use the Santa Monica R Restaurant Association’s copyrighted material, please contact us as set forth in Section 2 above.
Likewise, we respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent may be reached via email at: email@example.com, and via regular or express mail at: The Santa Monica R Restaurant Association, Inc., Attention: Legal Department, 327 S. Latigo Canyon Road, Malibu, CA 90265.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement 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 us to locate the material, such as a specific URL address; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; a statement that you have 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; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information: identification of the copyrighted work that was removed, and the location on this Site where it would have been found prior to its removal; a statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
- We may update these Terms by posting a new version at www.basementtavern.com and on the homepage of any other Site to which these Terms apply. Your continued use of the Site after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by relevant changes, you should not continue to access the Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
- These Terms are neither legal advice nor are they intended to serve as such. Should you have questions regarding your legal rights or duties, please consult your own attorney.