Effective Date: February 18, 2025
Welcome to TheDenaProject.com! This website is a non-commercial, community-driven project dedicated to preserving the history of Altadena through shared photographs and stories.
These terms of use are entered into by and between You (“Users” or “User”) and Allison Roth (“Website Administrator” or “us” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or “Terms”), govern your access to and use of TheDenaProject.com, including any content, functionality and services offered on or through TheDenaProject.com (the "Website").
1. Acceptance of Terms
By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
2. Purpose of the Website
The Website is intended as a digital photo journal for the community of Altadena to share and preserve images, stories, and history. It is a non-commercial, passion-driven project and is not intended for profit or commercial use.
3. User Submissions
3.1 Submission Guidelines
Users are invited to submit photographs, stories, and other content ("Submissions" or “Submission”) that contribute to the preservation of Altadena’s history. By submitting content, you confirm that:
3.2 License to Display Submissions
Any Submissions you post to the site will be considered non-confidential and non-proprietary. By providing any Submission, you grant Website Administrator and its affiliates and service providers, a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your Submissions on the website. Any other use will require permission from the owner of the Submission. This license is revocable by written request to TheDenaProject@gmail.com
4. Protection of Submissions
4.1 No Unauthorized Use
The Website is designed to respect the integrity of Submissions and prevent unauthorized use. Visitors and third parties may view content on the Website but are prohibited from reproducing, downloading, copying, displaying, distributing, or otherwise using Submissions without explicit written consent from the owner of the Submission or the Website Administrator, as granted in writing by the owner of the Submission.
Any unauthorized use, reproduction, or distribution of Submissions may result in legal action, including but not limited to claims for damages, injunctive relief, and recovery of legal fees incurred in pursuing such action.
4.2 Watermarking and Display Controls
The Website may employ measures such as watermarking or disabling right-click functionality to deter unauthorized use of Submissions. However, Website cannot guarantee complete protection from misuse and is not liable for unauthorized copying or redistribution of content by third parties.
5. Content Standards
Users must ensure that all Submissions and activities on the Website adhere to the following standards:
These content standards apply to any and all User Submissions. Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:
6. Prohibited Activities
Users are prohibited from engaging in the following activities on the Website:
7. Intellectual Property Rights
7.1 Ownership of Submissions
Ownership of Submissions remains with the original contributor. By granting Website Administrator a license to display Submissions, you are not transferring ownership of your content.
7.2 Website Content
All other content on the Website, including text, layout, and design, is the property of Website Name and may not be used without permission.
7.3 Copyright Infringement
If you believe that any Submissions violate your copyright, please request our Copyright Policy via email at TheDenaProject@gmail.com for instructions on sending us a notice of copyright infringement.
8. Community Guidelines
Users are expected to interact respectfully and contribute constructively. The Website reserves the right to remove content or restrict access for Users who violate these Terms or the spirit of the community.
9. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Website Administrator, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Website Administrator. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Mandatory Arbitration of Claims
Any dispute, controversy, or claim arising out of or relating to these Terms of Use or your use of the Website shall be resolved exclusively through binding arbitration. Arbitration will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (AAA). You agree to provide written notice of any claim or dispute at least 30 days before initiating arbitration, allowing the parties an opportunity to resolve the matter informally. Notices of claims should be sent to: TheDenaProject@gmail.com
10.1 Opting Out of Arbitration
You have the right to opt out of this arbitration agreement. To do so, you must send written notice of your decision to opt out, including your full name and contact information, to the above address within 30 days of your first use of the Website. Opting out of this arbitration agreement will not affect any other provisions of these Terms of Use.
10.2 Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Disclaimer of Warranties
The Website is provided "as is" without warranties of any kind, express or implied. While efforts are made to maintain accurate and secure content, Website Administrator does not guarantee the reliability, security, or availability of the Website.
12. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE WEBSITE ADMINISTRATOR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW..
13. Indemnification
You agree to defend, indemnify, and hold Website Administrator harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Website. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
14. Modification of Terms
These Terms of Use may be updated at any time to reflect changes to the Website or its policies. The latest version will always be available on the Website, and continued use of the Website constitutes acceptance of the updated Terms.
15. Contact Information
For questions, concerns, or requests regarding these Terms of Use or your Submissions, please contact: TheDenaProject.com at TheDenaProject@gmail.com