OVERVIEW:

This website (hereinafter www.1community.com“, or “Site”) is owned and operated by One Community, LLC (hereinafter “we”, “us”, or “our”). We offer this Site, including all information and services to you, the user, based solely upon your acceptance of all terms, conditions, and policies set out here. References to “you,” “your,” or “user” refer to you as an individual as well as in any representative capacity you may have.

When you visit the Site, you agree to the then-current Terms of Use (hereinafter, “Terms”), to be bound by them, and that you read and understood them. These Terms affect your legal rights, responsibilities and obligations and governs your use of the Site and are legally binding.

PLEASE READ THESE TERMS BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS, AND CONSENT TO OUR COLLECTION, USE, AND DISCLOSURE PRACTICES DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE USE OF THIS SITE.

1. CONTENT OWNERSHIP:

The site and all its content (“Content”) including all copyrights, trademark, tradenames, materials and other items relating to 1Community and its products and services, including all layout, information, articles, posts, text, data, images, scripts, designs, graphics, illustrations, photographs, videos, sounds, and the Site’s “look and feel” and all other intellectual property rights therein, (“Intellectual Property”) are owned and controlled by 1Community or our licensors. All right, title, 1Community or our licensors, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible.  1Community owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.    

1. LIMITED LICENSE:

1Community grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device. You may print a copy of the Content for your personal, non-commercial use only. This limited license does not give you ownership of, or any interest in, the Content. This limited license may be suspended or terminated for any reason, and without advance notice or liability.

Any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

1. SITE AND CONTENT USE RESTRICTIONS:

  A.  Site Use Restrictions. You agree that you will not: (i) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to 1Community; (ii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever or modify any Site source or object code or any Software or other products, services, or processes accessible through any portion of the Site; (iii) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, 1Community, or other users of the Site; (iv) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or its Content; (v) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site; or (vi) otherwise violate these Terms.

   B.  Content Use Restrictions. You also agree that, in using the Site, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content; (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of 1Community or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Site.

1. AVAILABILITY OF SERVICE:

1Community has the right to remove any Content and exclude any user from the Site at its sole discretion.  1Community may suspend or terminate the availability of the Site and its Content (collectively, the “Service”) to any user or all users, for any reason, and without notice or liability to you or any third party. Upon suspension or termination of your access to the Site, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

1. RESERVATION OF RIGHTS:

All rights not expressly granted to you are reserved by us and our licensors and other third parties. No right or license may be construed, under any legal theory, by implication, or industry custom. Any unauthorized use of the Site for any purpose is prohibited.

1. ACCURACY OF INFORMATION:

We are not responsible if the Content made available on the Site is not accurate, complete, or current. The Content on this site is provided for general information only and should not be relied upon, or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content on this site is at your own risk.

1. UNSOLICITED SUBMISSIONS:

1Community does not accept unsolicited submissions for motion pictures, television programs, web sites or any other products or services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of our staff might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to us through the Site or otherwise.

You acknowledge and agree that any unsolicited questions, comments, suggestions, ideas, feedback, opinions, techniques, images, sounds, videos, content, or other information (hereinafter “Submissions”), provided by you to us are non-confidential and shall become our sole property.  You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free license and right to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval with respect to our use of the rights granted herein and agree, to the fullest extent allowable under applicable law, to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree to exercise such rights reasonably and not to exercise such rights in a manner that interferes with any exercise of the granted rights. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

You understand that you will not receive any fees, sums, consideration, or remuneration of any kind for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.

You hereby represent and warrant that any such Submissions are original with you or that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section.

1. USER CONTENT

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, including any feedback or unsolicited materials (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.

By submitting User Content through the Service, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable, license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our advertisers and other business partners, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes any biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services, including after your termination of the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any trademarks, copyrights, rights of publicity, or “moral” rights or claims resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint 1 Community as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way 1 Community sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum.

Unless prohibited by applicable law, upon request from 1 Community, you agree to execute and deliver any such additional documents that 1 Community deems reasonably necessary to establish our ability to use the User Content as we see fit and that “moral rights of authors” are waived. Should we fail to request any licenses or other documents, that shall not be deemed a waiver of our rights and we may request any such documents at a later time.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that materials available on the Service infringe your copyright, you may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it.

Notices and counter-notices must be sent in writing to the 1 Community DMCA agent as follows:

1Community

DMCA Agent

admin@1community.com

You must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

• A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
• Specific identification and description of each copyrighted work claimed to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
• A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
• Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
• A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
• You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.

1. THIRD PARTY SERVICES:

Our Site contains content from, and hyperlinks to other websites, locations, platforms, and third-party services (hereinafter “Third Parties”) as a convenience for you. We may also use Third Parties to host some of our Content. These Third Parties are not owned, controlled, or operated by us. You acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services offered from these Third Parties. If you choose to access, transact with, or interact with any such Third Parties, you do so at your own risk.  The inclusion of such third party content or hyperlink does not imply endorsement by 1Community of the Links, and we encourage you to read the terms of use and privacy policies on such third party websites, platforms, and other services.

1. UPDATES TO TERMS OF USE:

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for such changes. Your continued use of the Site following the posting of any changes to these Terms will constitute an acceptance of those changes.

EACH TIME YOU USE THE SITES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms  will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them.  In the event any notice of new or revised terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new or revised terms by discontinuing use of the Site.

1. DISCLAIMER OF WARRANTIES:

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, AND CUSTOM.

1. LIMITATION OF LIABILITY:

To the maximum extent permitted by law, in no event shall 1Community, our directors, our parent(s), officers, principals, owners, employees, affiliates, subsidiaries, partners, agents, contractors, interns, suppliers, service providers or licensors (“1Community Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, consequential damages, punitive damages or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from (i) your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility; (ii) any links and (iii) the delay or inability to use the Service (including any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or equipment or network failure), in each case, whether based on contract, tort, strict liability, or otherwise) . Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the 1Community Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).   

You understand and agree that your use of the Site is predicated upon your waiver of any right to sue 1Community Parties and waiver of any right to participate in any class action suit for any losses or damages resulting from your use of the Site. Where applicable law does not permit the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth above, the aggregate liability of 1Community shall not exceed one hundred dollars ($100).

1. INDEMNIFICATION:

As permitted by applicable law, you agree to indemnify, defend and hold harmless 1Community Parties, harmless from any claims, demands, damages, losses, costs, liabilities, judgments, interest, and expenses including reasonable attorneys’ fees, made by any third-party due to or arising out of or relating to: (i) your breach of these Terms or the documents they incorporate by reference or any law or the rights of a third-party; (ii) information or material posted or transmitted through your computer, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (iii) any misrepresentation made by you; (iv) your use of the Service our your activities in connection with the site; (v) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; and/or (vi) our use of your information that you submit to us subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully and as reasonably required in our defense of any Claims and Losses. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent of an officer of the 1Community.

1. OPERATION OF THE SITE; AVAILABILITY OF SERVICES; INTERNATIONAL ISSUES:

1Community controls and operates the Site from the U.S.A., and makes no representation that the Site are appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.   

By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.

1. SEVERABILITY:

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

1. TERMINATION:

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing use of the Site.

1. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

As permitted by applicable law, 1Community reserves the right, without limitation, to: (i) investigate any suspected breaches of the Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) use any information obtained by 1Community in accordance with its Privacy Policy in connection with complying with applicable laws and use and/or disclose any information obtained by 1Community to comply with law enforcement requests or legal requirements in accordance with its Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (v) prosecute violators of these Terms.

1. NO WAIVER; ENTIRE AGREEMENT:

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision.  The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

These Terms, and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us, and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. These Terms are effective until terminated. In the event of termination, the disclaimers, limitations of liabilities, and indemnities set forth in these Terms will survive.

1. ARBITRATION; GOVERNING LAW:

Any controversy or claim arising out of or relating to your use of any Site or these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and 1Community. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Any dispute, controversy, or claim arising out of or related to the Site or these Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.  Any non-arbitrable claims must be brought in the state or federal courts of California. The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

You agree to submit to the jurisdiction of the state and federal courts in Los Angeles County in the State of California with respect to such any litigation arising out of or related to your use of this Site or Site Content or with respect to these Terms, waiving all affirmative and legal defenses regarding jurisdiction, forum, and venue.

The arbitration shall be conducted in Los Angeles, California, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) shall be brought in and subject to the exclusive jurisdiction of the State and federal courts located in Los Angeles, California, and you waive all affirmative and legal defenses in respect to any jurisdictional, venue, or inconvenient forum objections. Either you or One Community LLC may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Los Angeles, California, as may be necessary to protect the rights or property of you or One Community LLC pending the completion of arbitration.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

1. CONTACT US:

Please contact us if you have questions about these Terms of Use.

If you have any questions about the Site or these Terms, you may contact us.