January 18, 2012
The Websites include without limitation: www.irvinecompany.com, www.villagesofirvine.com, www.irvinepacific.com, www.rental-living.com, www.myrental-living.com, www.1221ocean.com, www.uci-living.com, www. www.shoptheirvinecompany.com, www.shopfashionisland.com, www.shopirvinespectrumcenter.com, www.shopthemarketplace.com, www.irvineoffice.com, www.irvineofficecustomer.com, www.pelicanhill.com, www.islandhotel.com, www.oakcreekgolfclub.com, www.greatslips.com, www.irvinecompanycareers.com, www.irvineranchconservancy.org, www.irlandmarks.org, www.goodplanning.org, and www.shoppelicanhill.com.
Irvine’s affiliates include without limitation the entities operating the Websites listed above and other entities that may be affiliated with Irvine.
If you have a question whether a site is a website of Irvine, or if an entity is an affiliate of The Irvine Company LLC, please check the information posted on the site or contact Irvine at firstname.lastname@example.org or 949-720-2000.
Please carefully read the following Terms before using the Websites. By accessing and using each Website, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Websites, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you.
2) Age Restrictions
The Websites are directed to persons 18 years of age or older. Irvine and the Websites do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Websites or to submit any personally identifiable information to the Websites. If you provide information to Irvine through the Websites, you represent and warrant to Irvine that you are 18 years of age or older. If you are 13 - 17 years of age, you may visit, browse and use the information on the Websites, but you may not submit any personal information to the Websites, and you represent and warrant to Irvine that you have the permission of your parent or guardian to use the Websites and any activities on the Websites, and your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Irvine may have inadvertently collected personal information from your child under age 18, please notify Irvine immediately by sending an email to email@example.com including the specific website or line of business to which your request pertains.
3) Permitted Use of Websites
The content available through the Websites, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Irvine and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites or the Content other than as expressly authorized by Irvine in writing. Use of the Websites or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Websites by any means other than through a standard web browser.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Websites or the Content unless expressly authorized by Irvine in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Websites or in the Content.
5) Restricted Access
Some Websites may restrict access to the sites or to sections or features of the sites. A separate agreement that addresses access and use may apply to those sites, sections or features. In the event that you are required to select a username or password to access those sites, sections or features, 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 authorize Irvine to act on instructions received through use of your password, and agree that Irvine is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Irvine of any unauthorized use of your password or any other breach of security.
6) Proprietary Rights
You acknowledge and agree that, as between Irvine and you, all right, title, and interest in and to the Websites and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Irvine or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws.
All Content included in the Websites is the copyright and property of Irvine or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Websites for the sole purpose of using the Websites as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Websites, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Websites are proprietary to Irvine or its licensors. Some of those trademarks are listed below. Unauthorized use of any trademark of Irvine may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Websites do not constitute or imply affiliation, endorsement or recommendation by Irvine, or of Irvine by the third parties.
|The Coastal Collection®||Irvine Pacific®||Newport Center®||ReadyNow®|
|Fashion Beyond Borders®||The Irvine Ranch®||Oak Creek Golf Club®||The Resort at Pelican Hill®|
|Fashion Island®||Irvine Spectrum®||Only in Irvine® & Design||Style Week Orange County®|
|Fashion Island Newport Beach®||Irvine Spectrum Center®||Pelican Design®||Spa at Pelican Hill®|
|Irvine Company Since 1864®||The Island Hotel Newport Beach®||Pelican Hill®||Villages of Irvine®|
|The Irvine Company®||Love Where You Live®||Pelican Hill Golf Club® & Design®||We’ve Got It All®|
7) Your Indemnity of Irvine
8) User Generated Content
Communications Services: We may have a Facebook, Twitter and/or YouTube page and the Websites may have blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Irvine and other users of the Websites (collectively, "Communication Services"). You acknowledge that your submissions to the Websites may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms and our “Terms & Use” posted on Facebook.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Irvine reserves the right to determine what types of conduct it considers to be inappropriate use of the Websites. In the case of inappropriate use, Irvine or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Websites or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on a Website's infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.
4. Use any Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites in any manner.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
10. Use any Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including email addresses, without their consent.
12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
13. Engage in any other action that, in the judgment of Irvine, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views submitted or otherwise made available by users through the Websites (“User Materials”) are strictly those of the originating author, who is solely responsible for the submitted content. Use of or reliance on User Materials is entirely at your own risk. Irvine does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Irvine be liable in any way for any User Materials.
You acknowledge that Irvine may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any User Materials that are available via the Websites. Without limiting the foregoing, Irvine and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Irvine’s sole discretion. Irvine shall have no liability for such removal.
You understand that by using the Websites, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Websites.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Website (“Submission”). All Submissions are subject to these Terms. Irvine is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Irvine’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant Irvine and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Irvine’s discretion, on the Websites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
9) Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
Irvine may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Irvine’s Copyright Agent a Notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Irvine locate content quickly);
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Irvine’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Copyright Agent, The Irvine Company LLC
550 Newport Center Drive
Post Office Box 6370
Newport Beach, CA 92660
Links to Other Websites and Search Results: The Websites may contain links to websites operated by other parties. The Websites provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Irvine which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Irvine disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Irvine shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Websites: You may link another website to a Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Irvine or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Irvine or the Website; (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website; and (iv) Irvine reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Irvine revokes its consent.
11) Modifications to the Websites
Irvine reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, or any portion thereof, with or without notice. You agree that Irvine will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website.
12) Suspension and Termination Rights
Irvine reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Websites or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Irvine shall not be liable to you or any third party for any such suspension or termination.
THE WEBSITES AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITES, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRVINE AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Websites is free of viruses or other harmful code.
14) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRVINE AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITES. IN NO EVENT SHALL IRVINE OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF IRVINE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
15) Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of these Websites is The Irvine Company LLC, 550 Newport Center Drive, Newport Beach, CA 92660, U.S.A., telephone 949-720-2000. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
16) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Irvine out of, under, or in connection with these Terms, the Websites or their Content shall be general reference proceedings conducted in Orange County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms. Any such dispute shall be settled in accordance with the decision of the referee rendered as provided for in Part 1, Title 8, Chapter 6, § 638(a) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court-appointed referee without a jury. Any cause of action or claim you may have with respect to these Terms, the Websites or their Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. Without limiting the foregoing, you agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Irvine does not represent that the Websites or Content are appropriate outside the United States of America. Irvine reserves the right to limit the availability of the Websites to any person, geographic area or jurisdiction at any time in its sole discretion.
17) Force Majeure
Irvine shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
Please direct any questions you may have about these Terms, technical questions or problems with the Websites, or comments or suggestions to Irvine at email@example.com or 949-720-2000.