1. Agreement to these terms
These Terms of Use are a binding agreement between you and [ INSERT: legal entity name ], a [ INSERT: entity type ] organized in [ INSERT: entity state ] (“Idyllwild.com”, “we”, “us” or “our”), governing your access to and use of idyllwild.com and any content, functionality and services offered on or through it (the “Site”). By using the Site, or by submitting an event through it, you accept these terms and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.
2. Who may use the Site
You may use the Site only if you are at least 18 years old and able to form a binding contract, and only in compliance with these terms and all applicable law. If you use the Site on behalf of an organization, such as a business or community group submitting an event, you represent that you have authority to bind that organization to these terms.
3. Permitted use and restrictions
You may use the Site to read about Idyllwild, plan a visit, find local businesses and events, and submit community events for listing. You may not, and may not permit anyone else to: use the Site for any unlawful purpose; copy, reproduce, republish, sell or exploit any part of the Site except as these terms expressly allow; scrape, crawl, harvest or use automated means to extract data from the Site except as a search engine indexing public pages; attempt to gain unauthorized access to the Site or its systems; interfere with the operation or security of the Site, including by introducing malicious code or placing an unreasonable load on our infrastructure; frame or mirror the Site; remove or obscure any proprietary notice; or use the Site to send unsolicited commercial communications.
4. Intellectual property
The Site and all of its content, including text, graphics, photographs, video, logos, layout, design and code, are owned by [ INSERT: legal entity name ] or its licensors and are protected by copyright, trademark and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. That license gives you no ownership rights and ends automatically if you breach these terms. Business names, logos and photographs shown on the Site belong to their owners and appear with permission or as fair reference; no license to them is granted.
5. Events you submit
The Site lets you submit community events for listing on the events calendar (“User Content”). You keep ownership of your User Content. By submitting it you grant us a [ INSERT: user content license scope, for counsel; for example “worldwide, royalty-free, non-exclusive” ] license to use, host, store, reproduce, adapt, publish and display it in connection with operating and promoting the Site and the events calendar. You represent that you own or have the rights to the User Content you submit, including any image, that it does not infringe anyone’s rights, and that it does not violate section 6.
Submitted events are reviewed before they are published. We may but are not obliged to review, moderate, edit for length and clarity, refuse or remove User Content at our discretion, and removing content does not make us responsible for content we leave up. We do not publish the organizer’s email address.
6. Prohibited content and conduct
You may not submit or transmit content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, discriminatory, or that infringes any intellectual property or privacy right, contains malicious code, impersonates another person, or advertises goods or services without our written permission. Event listings are for public events; private gatherings, sales promotions and recurring advertisements are not accepted. We may suspend or terminate access for anyone who breaches this section.
7. Third-party links and services
The Site links to and embeds third-party websites, content and services that we do not control, including business websites, booking sites, the National Weather Service and Caltrans feeds behind the weather and road readings, and a live camera feed. We provide them for convenience, we do not endorse them, and we are not responsible for their content, products, practices or privacy policies. Your dealings with a third party are between you and that third party.
8. Disclaimer of warranties
The Site and all content and services on it are provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error free, that defects will be corrected, or that the content is accurate, complete or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
The Site is a guide, not a substitute for your own judgment. Trail, road, weather, fire and permit information changes quickly and is drawn from third-party sources that we do not control. Check with the U.S. Forest Service, Caltrans, the National Weather Service and the relevant agency before you travel, and take responsibility for your own safety outdoors. Business hours, prices and event details are supplied by the businesses and organizers and may change without notice.
9. Limitation of liability
To the fullest extent permitted by law, neither Idyllwild.com nor its officers, directors, employees, agents or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of or inability to use the Site, however caused and on any theory of liability. Our total liability for all claims relating to the Site will not exceed [ INSERT: liability cap, for counsel ]. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of these limitations may not apply to you, and nothing in these terms excludes liability that cannot lawfully be excluded.
10. Indemnification
You agree to indemnify and hold harmless Idyllwild.com and its officers, directors, employees and agents from any claim, demand, loss, liability or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of the Site, any User Content you submit, or your violation of any law or the rights of a third party.
11. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have breached these terms or if we discontinue the Site. Sections 4, 8, 9, 10, 12 and 13 survive termination.
12. Governing law and dispute resolution
These terms and any dispute arising out of them or the Site are governed by the laws of the State of [ INSERT: governing law state, for counsel; California is the expected answer ], without regard to its conflict of laws rules. [ INSERT: venue sentence, for counsel; for example “Any dispute will be brought in the state or federal courts located in Riverside County, California, and you consent to their jurisdiction.” ]
13. Changes to these terms
We may change these terms. When we do we will update the “Last updated” date and post the revised terms on this page. Your continued use of the Site after a change means you accept the revised terms; an event submission is governed by the version in force on the day you submit it, which we record with the submission. If you do not accept the revised terms, stop using the Site.
14. General
These terms, together with the Privacy Policy and any other document expressly incorporated, are the entire agreement between you and us about the Site. If any provision is held unenforceable, the rest remains in force and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets.
15. Contact
Questions about these terms go to [ INSERT: legal contact email, a monitored address ], or to [ INSERT: legal entity name ], [ INSERT: business address ].