TERMS OF USE
Welcome to www.ivyp.org, a web site operated by the Isla Vista Youth Projects Inc. These Terms of Use (“Terms”) are made by and between Isla Vista Youth Projects Inc. and you (“you,” “your” or “User”). These Terms contain the terms and conditions that govern your use of this site. By using this site, you agree to comply with and be bound by the following terms of use. Please review the Terms carefully. If you do not agree to these Terms, you have no right to receive information from Isla Vista Youth Projects Inc., engage in commerce through, or otherwise use this site. Failure to use this site in accordance with the following Terms may subject you to severe civil and criminal penalties.
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BY ACCESSING, VISITING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR ANY OF ISLA VISTA YOUTH PROJECTS INC.’S SERVICES OR SOFTWARE (COLLECTIVELY, “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS SITE. WEV RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN WEV’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PRIOR VERSIONS, CAN BE VIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON WWW.IVYP.ORG.
ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current and complete. If the Isla Vista Youth Projects Inc. believes the information you provide is not correct, current, or complete, the Isla Vista Youth Projects Inc. has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of Isla Vista Youth Projects Inc.’s site, you warrant to the Isla Vista Youth Projects Inc. that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to): (i) co-brand this site, or (ii) frame this site without the express prior written consent of an Isla Vista Youth Projects Inc. authorized representative. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with the Isla Vista Youth Projects Inc. in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provide for through the site.
PERSONAL AND NON-COMMERCIAL USE OF LIMITATIONS
The Isla Vista Youth Projects Inc. grants you a limited license to access and make personal and non-commercial use of this site. You acknowledge and agree that you shall use the Isla Vista Youth Projects Inc. site and its contents solely for your personal and non-commercial purposes. You may not use this site for any other purpose, including any commercial purpose, without the Isla Vista Youth Projects Inc.’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Isla Vista Youth Projects Inc.’s site. This limited license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another customer or user; or any recompilation or reverse engineering of this site or its contents. The Isla Vista Youth Projects, Inc. reserves the right to monitor your use of the
Isla Vista Youth Projects Inc.’s site to ensure your compliance with these Terms.
Isla Vista Youth Projects Inc.’s site to ensure your compliance with these Terms.
PROPRIETARY INFORMATION
The material and content accessible from this site, its collection, arrangement and assembly (the “Content”) are the exclusive property, and proprietary information, of the Isla Vista Youth Projects Inc. or the party that provided or licensed the Content to the Isla Vista Youth Projects Inc., whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Isla Vista Youth Projects Inc. or the providing party, as applicable, except that you may print out a copy of the Content solely for your personal use or other use as authorized by these Terms. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates these Terms. Neither title nor intellectual property rights of the Isla Vista Youth Projects Inc. are transferred to you by access to this site.
HYPERLINKS
This site may be hyperlinked to other sites which are not maintained by, or related to, the Isla Vista Youth Projects Inc. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or the Isla Vista Youth Projects Inc. Furthermore, the Isla Vista Youth Projects Inc. does not continuously monitor or review any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and the Isla Vista Youth Projects Inc. makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. The Isla Vista Youth Projects Inc. provides hyperlinks as a convenience, and the inclusion of any hyperlinks to a third party site does not necessarily imply endorsement by the Isla Vista Youth Projects Inc. of that site or any association with its operators.
SUBMISSIONS
Any information, materials, suggestions, ideas, comments or other information communicated to the Isla Vista Youth Projects Inc. through this site (the “Submission”) will not be treated as confidential, proprietary or trade secret information. Through your Submission, you hereby grant to the Isla Vista Youth Projects, Inc. the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works form, distribute, perform and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Isla Vista Youth Projects Inc. will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Isla Vista Youth Projects Inc. operations. Notwithstanding the foregoing, the Isla Vista Youth Projects Inc. will treat any personal information that you submit through this site in accordance with its Privacy Policy, which can be accessed by clicking on the “PRIVACY POLICY” hyperlink on the Isla Vista Youth Projects Inc. web site. You should be selective in the Submissions posted on this site and provided to other users. The Isla Vista Youth projects
Inc. reserves the right to investigate and take appropriate legal action against anyone who violates this section, including without limitation, removing the offending Submission from this site and terminating access to this site without notice. If you become aware of any misuse of this site by any person, please contact the Isla Vista Youth Projects Inc. by clicking on the “Webmaster” hyperlink on the bottom of every page of this site. The Isla Vista Youth Projects Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of this site at any time, for any or no reason whatsoever, with or without notice, and without liability or responsibility. You hereby represent and warrant that you own the Content and Submission or otherwise have the rights to grant the license described herein, and that such Submission does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other person.
Inc. reserves the right to investigate and take appropriate legal action against anyone who violates this section, including without limitation, removing the offending Submission from this site and terminating access to this site without notice. If you become aware of any misuse of this site by any person, please contact the Isla Vista Youth Projects Inc. by clicking on the “Webmaster” hyperlink on the bottom of every page of this site. The Isla Vista Youth Projects Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of this site at any time, for any or no reason whatsoever, with or without notice, and without liability or responsibility. You hereby represent and warrant that you own the Content and Submission or otherwise have the rights to grant the license described herein, and that such Submission does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other person.
DISCLAIMER
You understand that the Isla Vista Youth Projects Inc. cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Isla Vista Youth Projects Inc. does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ISLA VISTA YOUTH PROJECTS INC. DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ISLA VISTA YOUTH PROJECTS INC. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISLA VISTA YOUTH PROJECTS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WEV MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ISLA VISTA YOUTH PROJECTS INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ISLA VISTA YOUTH PROJECTS INC. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Isla Vista Youth Projects Inc. does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ISLA VISTA YOUTH PROJECTS INC. DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ISLA VISTA YOUTH PROJECTS INC. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISLA VISTA YOUTH PROJECTS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WEV MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ISLA VISTA YOUTH PROJECTS INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. ISLA VISTA YOUTH PROJECTS INC. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Isla Vista Youth Projects Inc. does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
LIMITATIONS OF LIABILITY
ISLA VISTA YOUTH PROJECTS INC., ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ISLA VISTA YOUTH PROJECTS INC. AND THE PARTIES REFERENCED ABOVE TO ANY PART (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ISLA VISTA YOUTH PROJECTS INC. FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TERMINATION OR RESTRICTION OF ACCESS
Isla Vista Youth Projects Inc. reserves the right, in its sole discretion, to terminate your access to any or all of Isla Vista Youth Projects Inc.’s sites and the related services or any portion thereof at any time, without notice, for any and no reason whatsoever.
IDEMNITY
You will indemnify and hold Isla Vista Youth Projects Inc., its affiliates, licensors, service providers, employees, agents, officers and directors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Isla Vista Youth Projects Inc. or the party that provided the trademarks, service marks, logos and copyrighted works to Isla Vista Youth Projects Inc. and any such providing party retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing in this site. All content of Isla Vista Youth Projects Inc.’s sites are: Copyright © 2011-2013 Isla Vista Youth Projects Inc., 6842 Phelps Road, Goleta, California 93117. All rights reserved. Notification of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.
SECURITY
Any passwords used for this site are for your individual use only. You will be responsible for the security of the password. Isla Vista Youth Projects Inc. will be entitled to monitor the password, and at its discretion may change it. Isla Vista Youth Projects Inc. reserves the right to fully cooperate with any law enforcement agencies or court order requesting or directing Isla Vista Youth Projects Inc. to disclose the identity of anyone making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS ISLA VISTA YOUTH PROJECTS INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ISLA VISTA YOUTH PROJECTS INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WEV OR LAW ENFORCEMENT AGENCIES.
MISCELLANEOUS
These Terms will be governed and interpreted pursuant to the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Isla Vista Youth Projects Inc. arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in Santa Barbara, California. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and the Privacy Policy constitute the entire agreement among the parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, with respect to Isla Vista Youth Projects Inc.’s site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Isla Vista Youth Projects Inc. may revise these Terms at any time by updating this posting.