Terms of Use

Last Updated: 8/13/24

  1. Introduction
  2. Privacy Policy
  3. Consent to Electronic Communications
  4. Proprietary Policy
  5. Risk of Loss
  6. Use of Services; Prohibited Actions
  7. Security
  8. Submitted Materials
  9. Third-Party Websites
  10. Indemnification
  11. Disclaimers
  12. Limitation of Liabilities
  13. Release
  14. Claims of Infringement
  15. Termination
  16. Severability
  17. Notice of Arbitration Provision and Waiver of Jury Trial and Class Action
  18. General
  19. Contact Us

1. Introduction

Welcome! You have reached a website provided by City Hill Arts Management, LLC and City Hill Arts Partners, LLC and/or their designee(s) (collectively, as applicable, “Company,” “we,” “our,” or “us”). Please read these terms carefully. These Terms of Use (“Terms of Use” or “Terms”) govern cityhillarts.com, its subdomains, and any portal or other site owned or operated by Company (each, a “Site”), any application owned or operated by Company (each, an “App”), and any products, goods, events, interactive features, or other services provided by Company (collectively with any Site or App, the “Services”). By accessing or viewing a Site, contacting us to inquire about our Services, visiting our locations, or participating in or otherwise using any Services, you agree to these Terms of Use. These Terms form a contract between you and Company, and if you are using the Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms.  Please note that these Terms contain an Arbitration Provision and a Waiver of Jury Trial and Class Action.

From time to time, Company may decide to modify, add, or delete portions of these Terms and will post those changes here. If Company does so, your continued use of the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Company reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Company further reserves the right to suspend or terminate any Services for any reason or at any time.

2. Privacy Policy

At Company, we are committed to privacy and security, and to providing the best possible user experience for our users. Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information. Our Privacy Policy may provide additional options to opt-out of the sharing of this information depending on the jurisdiction in which you reside.

3. Consent to Electric Communications

By using our Services, you agree that Company may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures, or other communications that Company may send to you electronically will satisfy any legal communication requirements, including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at info@cityhillarts.com.

4. Proprietary Policy

You acknowledge that the Services contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Services, Company or its licensors own all Content on the Services, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such Content. Your use of the Services shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the applicable licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Services. The use of Content from the Services on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Company’s prior written approval.

For permission to use Content from the Services or from marketing material authored and distributed by Company, you must request written permission in advance and provide full attribution. Permission should be requested by contacting info@cityhillarts.com. 

5. Risk of Loss

We may, in our sole discretion, terminate your use of the Services at any time and for any or no reason. Company will not be liable to you or any third party for any termination of your access to the Services. If your status as a user of the Services is terminated, you will (i) stop using the Services and any information obtained from the Services, and (ii) destroy all copies of any information obtained from the Services in your possession.

6. Use of Services; Prohibited Actions

You must be at least 18 years of age to use the Services. Company reserves the right to refuse service, cancel service orders, or remove or edit content, in its sole discretion. You agree, represent, and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the Services. You also represent that you are using the Services for a lawful purpose – you may not use the Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and/or criminal liability. You are responsible for safeguarding your device from unauthorized use. You agree to notify us immediately of any unauthorized use of your device to access or use the Services.

You agree not to access any Site by any means other than through a commercially available web browser. You are not permitted to upload material onto any Site or other Services that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of any Site or other Services, or Company systems and equipment. You may not use the Services in a manner that could block access to, impair, damage, or otherwise disable Company or any of our servers. You may not attempt to gain unauthorized access to the Services or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer or other device. Any and all materials uploaded are subject to applicable federal, state, and international laws.

Records of information (“Records”) may be included as resources on the Services. Records may be listed by Company or by a third party and may be revised or updated by Company or a third party. Company cannot guarantee the accuracy of any such Records as of any particular time, and you rely on any such Records at your own risk.

7. Security

Violating the security of the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or other Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, email header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

8. Submitted Materials

Please note that the transmission of confidential, sensitive, privileged, and/or financial information via email is not secure. Any confidential or personal information requested by Company should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Services (including via contact email made available on any Site). Accordingly, if you send Company any information or creative works, including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (collectively, “Submitted Material”), you grant Company a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license, and sublicense (through multiple levels) the Submitted Material in any media now known or hereafter invented, including for commercial purposes, throughout the universe. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to any Site or to our social media, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment, or other content. If you send Company any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Company any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Company to use Submitted Material as permitted by the license in this section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

9. Third-Party Websites

Any Site may contain links to third-party websites that take you outside of the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies. Your correspondence or business dealings with, or participation in promotions of, third-party advertisers or other third parties found on or throughout the Services, including, without limitation, with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Services, and you agree to indemnify us from and against any claims or actions incurred as the result of any such dealings.

10. Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, related entities, divisions, subsidiaries, and/or parent companies, and each of the foregoing’s successors, assigns, and licensees, and the shareholders, members, officers, directors, employees, contractors, representatives, and agents of any and all thereof, from and against any claims, actions, costs, expenses, judgments, losses, damages, fines, penalties, or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and/or (iii) your violation of any third party’s right(s) including any copyright, trademark, trade secret, privacy, publicity, or other right related to your Submitted Material (as applicable) or use of the Services.

11. Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON ANY SITE OR OTHER SERVICES. THE CONTENT AND INFORMATION FOUND ON ANY SITE OR OTHER SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE CONTENT OR INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND/OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR EMAILS OR ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR CONTENT OR SPECIFIC USERS OR PARTICULAR CONNECTIONS BETWEEN USERS. COMPANY IS LIKEWISE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS OR OTHERS THAT OCCUR OUTSIDE OF THE SERVICES, WHETHER ONLINE OR IN PERSON. IN ALL SUCH CONNECTIONS AND INTERACTIONS, EACH USER AGREES THAT THEY PROCEED AT THEIR OWN RISK.

12. Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL COMPANY (OR ITS AFFILIATES, RELATED ENTITIES, DIVISIONS, SUBSIDIARIES, JOINT VENTURES, OR PARENT COMPANIES, OR ITS AND THEIR SUCCESSORS, ASSIGNS, AND LICENSEES, OR THE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS OF ANY AND ALL THEREOF) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE USE OR INABILITY TO USE ANY SITE, CONTENT, OR OTHER SERVICES, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS AFFILIATES, RELATED ENTITIES, DIVISIONS, SUBSIDIARIES, JOINT VENTURES, AND/OR PARENT COMPANIES, AND/OR ITS AND THEIR SUCCESSORS, ASSIGNS, AND LICENSEES, AND/OR THE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND/OR AGENTS OF ANY AND ALL THEREOF) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR ANY SITE OR OTHER SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Release

If you have a dispute with one or more users of the Services, you release Company (and its affiliates, related entities, divisions, subsidiaries, joint ventures, and parent companies, and each of the foregoing’s successors, assigns, and licensees, and the shareholders, members, officers, directors, employees, contractors, representatives, and agents of any and all thereof) from actions, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute. You acknowledge that you have been advised of and are aware that California Civil Code Section 1542 provides in pertinent part as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 

You, being aware of said code section and such similar laws, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect.

14. Claims of Infringement

Company respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://copyright.gov/legislative/dmca.pdf, Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Company will disable and/or remove access to the Services for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Designated Copyright Agent with the following information:

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Services.
  • Provide your mailing address, telephone number and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:

    Copyright Agent

City Hill Arts Management, LLC
4653 Carmel Mountain Road
Suite 308-501
San Diego, CA 92130
Phone: +1 877-219-0845
Email: info@cityhillarts.com  

While Company considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

15. Termination

Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of any Site, Content, or other Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your access to any Site and your use of the Services. Company also reserves the right, in its sole discretion, to cease providing any Services, including, without limitation, any Site, at any time.

16. Severability

If any provision of these Terms shall be determined to be invalid, illegal, or unenforceable in any jurisdiction for any reason by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, then solely as to that jurisdiction, such provision shall be limited or eliminated to the extent (but only to the extent) necessary to comply with applicable law, and as so modified these Terms shall continue in full force and effect.

17. Notice of Arbitration Provision and Waiver of Jury Trial and Class Action

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any and all disputes relating to or arising from the Terms of Use or the Privacy Policy, including, without limitation, disputes regarding the validity of this arbitration clause, shall be settled by a single arbitrator in arbitration administered by the JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, as said rules may be amended from time to time (“JAMS Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. Each party shall bear its own costs and expenses and an equal share of the arbitrator(s)’s and administrative fees of arbitration. This agreement to arbitrate is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law. 

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You should carefully consider this and other provisions of these Terms and Privacy Policy and have the right to consult legal counsel regarding this provision. If there is any conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

18. General

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any non-arbitrable action under these Terms of Use will be in the state and federal courts of Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Company may assign its rights and delegate its duties under these Terms in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms of Use. Nothing in these Terms constitutes a partnership or joint venture between you and Company. Company does not guarantee continuous, uninterrupted, or secure access to any Site or other Services, and operation of any Site or other Services may be interfered with by numerous factors outside of its control. Company’s failure to enforce any provisions of these Terms or act with respect to a breach by you or others does not waive our right to enforce any of these provisions or act with respect to subsequent or similar breaches. These Terms of Use, together with any other applicable contracts or click-through agreements you may have entered into regarding any Site or other Services, set forth the entire understanding and agreement between you and Company with respect to the use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic). Sections 4 (Proprietary Policy); 8 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liabilities); 13 (Release); 16 (Severability); 17 (Notice of Arbitration Provision and Waiver of Jury Trial and Class Action); and 18 (General) survive any termination or expiration of these Terms. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If these Terms are translated into any other languages, in whole or in part, then, in the event of any conflict, the English language version of these Terms shall control.

19. General

If you have questions about these Terms or the Services, you may contact Company at info@cityhillarts.com. You may also contact us at:

City Hill Arts Management, LLC and City Hill Arts Partners, LLC
4653 Carmel Mountain Road
Suite 308-501
San Diego, CA 92130
+1 877-219-0845