Terms of Use

Please read the following Terms of Use before using Via Los Angeles (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. If you don’t agree to the these Terms of Use, please don’t use this Site. Every time you use the Site, the Terms of Use that are current at that time will apply.

INTELLECTUAL PROPERTY

The data and materials on the Site, except User Submissions (as defined below), as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of Via Los Angeles (“Via Los Angeles,” “we,” or “us”), our licensors and our contributors. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our contributors, as the case may be.

APPLICABLE LAW

By visiting our web site, you agree that the laws of the State of California govern these Terms of Use and any dispute of any sort that might arise, without regard to principles of conflict of law.

USER SUBMISSIONS

Via Los Angeles may permit the submission of communications, including images, comments, and text (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Please follow Via Los Angeles' house rules when both commenting and submitting—no last names, no addresses, no personally identifiable information. You user submissions will go only to Via Los Angeles and, like user comments, will be moderated. What this means: We reserve the right to not publish your comments.

You agree that if you submit a User Submission to the Site that you shall be solely responsible for your own User Submission and the consequences of posting or publishing such. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Via Los Angeles, you (1) hereby grant Via Los Angeles a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, edit, and insert the User Submissions in connection with Via Los Angeles' (and our subsidiaries’, derivatives’, or successor’s) business (what this means in short: you continue to own the work, and are legally responsible for it any and all copyright and consent issues, and Via Los Angeles has the right to feature that submission on our site in perpetuity); (2) grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, publish, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use; (3) you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the written consent of all parties; (4) we do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.

We will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove Content and User Submissions without prior notice.

What all this means: if you send us a picture or any other submission, you are agreeing that you own whatever you sent us, and have the right to distribute it. In sending it to Via Los Angeles, you are giving us the right to feature it on our site in “perpetuity,” or “for as long as we’d like to.” And you won’t get paid money for that submission, unless you and Via Los Angeles agree on some kind of payment in writing. Via Los Angeles also reserves the right to take down submissions at any point.

IMAGE AND VIDEO TERMS OF USE

Via Los Angeles often display images, audio, and video (the “Material”). The types of Material editors are authorized to use on Via Los Angeles include Material commissioned by Via Los Angeles, embedded material, or material we believe to be covered by the Fair Use Doctrine, taking into account factors such as: (1) the purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody; (2) the nature of the copyrighted work (i.e. factual or newsworthy versus creative works); (3) the effect on the potential market for the copyrighted work (for example, use that is not substitutive for the original, or would never be licensed in any event), material from photographic archive and video vendors, Material supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, reader-submitted Material, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to us for use on Via Los Angeles (see above under “User submissions”).

All content on Via Los Angeles (including but not limited to copy/text, graphics, logos, buttons, icons, and images) is the property of Via Los Angeles and is protected by United States and international copyright laws. Any electronic copies or printed hard copies of content on this website for commercial use, including reproduction and internet links, is strictly prohibited without our prior written permission.

COPYRIGHT NOTICES

If Via Los Angeles publishes Material you think infringes your copyright, please email us at info [at] vialosangeles.com and we’ll address your concerns. If we determine we’ve made a mistake, we’re sorry and we’ll take it down.

However, if we believe that our use is legitimate and we may not remove it from the site. If you’ve corresponded with Via Los Angeles and thereafter choose to pursue a copyright notice, please note that we’ll respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site.

To file a notice of infringement with us, you must provide a written communication (by email—to info [at ] vialosangeles.com—with an attached and signed PDF) that sets forth the items specified below. If we do not respond in 10 business days, please write again—high volume and spam means we sometimes miss emails.

To enable us to address your concerns, please provide the following information:

- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the material.

- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone number.

- For images, provide the following, detailing your claim to ownership of the copyright in the allegedly infringing image:

1. Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA; or, absent such registration, a detailed description the photograph—where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.

2. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

3. Sign the document and email it to info [at] vialosangeles.com

You acknowledge that if you fail to comply with all of the requirements of this Section 3.D., your DMCA notice may not be valid. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on Via Los Angeles infringes your copyrights.

NON-CONFIDENTIALITY

Except for information necessary to place an order, any other submissions sent to us will be deemed non-confidential, and shall be the property of Via Los Angeles, including worldwide rights in all intellectual properties.

ACCURACY OF INFORMATION

While we strive for accuracy, information on the sites may contain errors or inaccuracies; Via Los Angeles does not make any warranty as to the correctness or reliability of the sites’ content. We reserve the right to change or update information at any time without prior notice.

LIABILITY

Via Los Angeles makes no representations or warranties, whether express or implied, with respect to this web site’s content, the information therein and services available on or through it, are provided "as is." Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of or related to the use of this web site.

EMAIL CORRESPONDENCE

Emails sent to any vialosangeles.com email addresses is considered our property. You can read more about this in the Privacy Policy, but all correspondence is considered available for publication. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

LINKS

Via Los Angeles will contain links to and quotation of material from other sites. Please know that Via Los Angeles is responsible for neither the content of nor the privacy practices of other sites. We encourage our users to be aware when they leave Via Los Angeles and to read the privacy statements of any website that collects personally identifiable information.

INFORMATION SECURITY

As stated in our Privacy Policy, no data transmission over the Internet can be guaranteed to be 100% safe, so we can’t warrant that your information will be absolutely secure. But Via Los Angeles does have a variety of safeguards—technical, administrative, and physical—in place to help protect against unauthorized access to, use or disclosure of user information.

CHANGES TO OUR TERMS OF USE

We may periodically modify, alter or update the Terms of Use. We will alert readers to any material changes to this policy by posting the revised information here. We encourage you to review our Terms of Use on a regular basis to stay informed. Your continued use of Via Los Angeles constitutes your agreement to these Terms of Use and any updates therein.