These terms govern your use of the LAtitude Services. Please read these terms carefully before using any LAtitude Service.
Last Updated: July 3, 2015
LA LAtitude is pleased to provide to you its sites, content, products and services (“LAtitude Services”), which may be branded LAtitude, HollywoodDanceCamp, NoHoHouse or another brand owned or licensed by LA LAtitude. These terms govern your use and our provision of the LAtitude Services on which these terms are posted, as well as LAtitude Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the LAtitude Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING LATITUDE SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract between you and LA LAtitude, a California corporation located at 12400 Ventura Boulevard suite 275, Studio City, California 91604, USA, or between you and any different service provider identified for a particular LAtitude Service. You must read and agree to these terms before using the LAtitude Services. If you do not agree, you may not use the LAtitude Services. These terms describe the limited basis on which the LAtitude Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some LAtitude Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content accessible through the LAtitude Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the LAtitude Services. If you do not agree to any change to these terms, you must discontinue using the LAtitude Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the LAtitude Services) if you fail to comply with any provision of these terms.
2. LAtitude Services
The LAtitude Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the LAtitude Services across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.
The LAtitude Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the LAtitude Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the LAtitude Services may be used or exploited in any way other than as part of the LAtitude Services offered to you. You may own the physical media on which elements of the LAtitude Services are delivered to you, but we retain full and complete ownership of the LAtitude Services. We do not transfer title to any portion of the LAtitude Services to you.
Content and Software License
If a LAtitude Service is configured to enable the use of content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any LAtitude Service; decompile, reverse engineer, disassemble or otherwise reduce any LAtitude Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any LAtitude Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any LAtitude Service in violation of United States export control and economic sanctions requirements. By acquiring services or content through the Disney Services, you represent and warrant that your access to and use of the services or content will comply with those requirements.
Disclaimers and Limitation on Liability
THE LATITUDE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to LAtitude Services
The LAtitude Services are constantly evolving and will change over time. If we make a material change to the LAtitude Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of LAtitude Services
We do not allow uses of the LAtitude Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any LAtitude Service or interfere with any person or entity’s use or enjoyment of any LAtitude Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the LAtitude Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a LAtitude Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the LAtitude Services. You agree that your access to the LAtitude Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
3. Additional Provisions
Submissions and Unsolicited Ideas Policies
Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
At LAtitude, we require our users to respect intellectual property rights. If copyrighted content that belongs to you was posted without your permission to www.la-latitude.com, www.latitude.camp, or www.noho.house (each a “Website” and together the “Websites”) or sent through one of those Services, we want to know about it. Please send us notice of the alleged infringement, using the following contact information:
LA LAtitude, LLC
10717 Addison St
North Hollywood, CA 91601
Please include in your notice:
- an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- the name, address, telephone number, and email address of the copyright owner;
- identification of the copyrighted work that is being infringed;
- identification of where the infringing material is located on our Website (a URL works best);
- a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
- a statement that
- the information in your notice is accurate, and
- you’re authorized to act on behalf of the copyright owner.
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using LAtitude Services that are reported to us, at the address above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to LAtitude Services hosted in the United States, these notices must include the required information set forth in the DMCA.
Finally, a warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
Binding Arbitration and Class Action Waiver
You and LAtitude agree to arbitrate all disputes between you and LA LAtitude or its affiliates, except disputes relating to the enforcement of LA LAtitude or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the LAtitude Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and LA LAtitude empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or LA LAtitude must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to LA LAtitude, 12400 Ventura Blvd. Ste 275, Studio City, California 91604, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and LA LAtitude will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and LA LAtitude do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, LA LAtitude will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place in Los Angeles County, California. For residents outside the United States, arbitration shall be initiated in Los Angeles, California, United States of America, and you and LA LAtitude agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor LA LAtitude will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or LAtitude Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Los Angeles county, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.