Terms of Use

1. User Acceptance and Consent to Terms and Conditions of Use.
Welcome to AuthenticMalibu.com. This site is operated by Cliffside Media. The following are the rules ("Terms") that govern use of the AuthenticMalibu.com web site ("Site").

By using this site, you are accepting these Terms & Conditions of Use ("Terms & Conditions"). If you do not agree to these Terms & Conditions, please do not use our site. AuthenticMalibu.com reserves the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.

If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them.

2. Unauthorized Use of the Site
You may not use, frame or utilize framing techniques to enclose any part of AuthenticMalibu.com including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without AuthenticMalibu.com’s express written consent.

3. Copyrights. Except for public domain material, the content on this site is protected by intellectual property laws, including U.S. copyright laws. AuthenticMalibu.com claims a copyright in all proprietary and copyrightable text, graphics and computer code on the AuthenticMalibu.com pages, the overall design of the AuthenticMalibu.com pages, and the selection, arrangement and presentation of all materials on the AuthenticMalibu.com pages, including information in the public domain.

4. Links. We may provide links from our site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. You are granted a limited, non-exclusive right to create a text hyperlink to the Site provided such link does not portray AuthenticMalibu.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

5.  Advertising.   Advertiser submissions to the Site will be subject to AuthenticMalibu.com's editorial review, modification and/or removal in AuthenticMalibu.com's sole discretion. AuthenticMalibu.com reserves the right, but not the obligation, to review Advertiser submissions. Advertiser represents and warrants that its listings, links and submissions to the Site do not, and will not include content, or links to content, which may result in a third party claim against, or civil or criminal liability to, AuthenticMalibu.com, Cliffside Media, or their affiliate(s) or partner(s) or that otherwise violates applicable law or the Terms, including, without limitation, content that is fraudulent, deceptive, libelous, defamatory, obscene, pornographic, infringing or that violates the privacy, publicity or any other right(s) of a third party. AuthenticMalibu.com retains complete editorial discretion with respect to all listings and links, including, without limitation, regarding their selection, placement, and descriptions.

AuthenticMalibu.com may, at any time in its sole discretion, terminate these Terms or cancel any listings submitted under these Terms. AuthenticMalibu.com will notify Advertiser via telephone or email of such cancellation or termination.

Advertiser may cancel any listing with or without cause, at any time, as follows with no further obligation of AuthenticMalibu.com, including, without limitation, any obligation to refund any fees paid hereunder.

To cancel a listing, Advertiser must notify AuthenticMalibu.com in writing. Once notified, Advertisers listings will be canceled on the Site.

5. Disclaimer Of Warranties; Limitation of Liability.
A PORTION OF AUTHENTICMALIBU.COM’S CONTENT IS SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF  AUTHENTICMALIBU.COM.  AUTHENTICMALIBU.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON  AUTHENTICMALIBU.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF  AUTHENTICMALIBU.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE  SITE AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND “AS AVAILABLE” FOR YOUR USE, AND THAT  AUTHENTICMALIBU.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  AUTHENTICMALIBU.COM, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE  SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE  SITE IS FREE OF VIRUSES, WORMS OR “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Moreover, you agree that  AuthenticMalibu.com, its suppliers and its third-party agents shall specifically have no responsibility or liability for:
i. any injury or damages, whether caused by the negligence of  AuthenticMalibu.com, its employees, subcontractors, agents, suppliers or otherwise arising in connection with this Site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against AuthenticMalibu.com by any other party or

ii. any fault, inaccuracy, omission, delay or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment.

6. Indemnification.
As a condition of your access to and use of the Site, you agree to hold AuthenticMalibu.com and Cliffside Media, and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) AuthenticMalibu.com's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for AuthenticMalibu.com to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission. Furthermore, you fully understand and agree that: (a) AuthenticMalibu.com will have the right but not the obligation to resolve disputes between users relating to the Site and AuthenticMalibu.com's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) AuthenticMalibu.com's resolution of a dispute will be final with respect to the Site.

8. General Information.
The Terms of Use and the relationship between you and AuthenticMalibu.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and AuthenticMalibu.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, State of California. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of  AuthenticMalibu.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.