Terms & Conditions

Welcome to WATER: TAKE 1, administered by the City of Ventura and iThentic Canada Inc. By using WATER: TAKE 1, the functions and services of WATER: TAKE 1, and/or accessing the Content offered by WATER: TAKE 1, you agree to be legally bound to the Terms and Conditions of Ventura Water and iThentic, below. We reserve the right to modify or update WATER: TAKE 1, its offerings or services, and these Terms and Conditions with or without notice.

“Ventura Water” refers to The City of Ventura, and its successors, licensees, assignees, directors and employees. “iThentic” refers to iThentic Canada Inc., iThentic USA Inc., and its successors, licensees, assignees, directors and employees. “Content” refers to all audio visual elements and ideas offered by or submitted to WATER: TAKE 1 including but not limited to videos, software, designs, likenesses, artwork, images, music, and information, tangible and intangible, including derivative works, on all media and formats, existing or future.

WATER: TAKE 1 is intended for use by persons 18 years of age or older. If you are not at least 18 years of age or older or are legally, or otherwise, restricted from using this website, please discontinue using WATER: TAKE 1.

The use of WATER: TAKE 1 and its Content is restricted to only personal, non-commercial purposes.

You or any third party may not display, copy, store, modify, sell, publish or redistribute any portion of WATER: TAKE 1 or its Content unless you are the licensor of that piece of Content and are subject to the WATER: TAKE 1 Content License Agreement. Unauthorized use of WATER: TAKE 1 or its Content is prohibited and may result in criminal prosecution and/or civil liability.

Access to WATER: TAKE 1’s Content, services, or functions, online or otherwise, may require registration, the creation of a user account, and/or a fee. Registration requires providing personal information and choosing a unique, secret password that may not be shared with others. Your personal information must be complete, accurate, and YOURS. You are not allowed to access others’ accounts. Ventura Water and iThentic are not liable for losses or damages from unauthorized use of your account. We reserve the right to block any user account at our sole discretion for any reason. Content and functions of WATER: TAKE 1 that require a fee, if any, may not be accessed by persons who have not paid the appropriate fee.

As a viewer of Content on WATER: TAKE 1, you understand and agree that Ventura Water and iThentic are not responsible for any damages, losses, costs, or harm, tangible or intangible arising from the use or transmission of that Content and that the person providing the content is responsible, even though Ventura Water and iThentic may review the Content for artistic merits.

You may not use WATER: TAKE 1 for any illegal purpose, to make unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post obscene or unreasonably offensive material (to be determined at Ventura Water and iThentic’s sole discretion), to negatively present Ventura Water,  iThentic or WATER: TAKE 1, nor for any commercial purposes. You are not allowed to transmit malicious code or to collect information of other users through iThentic’s servers or the WATER: TAKE 1 website. You may not take any action to interrupt the functionality of or tamper with the content contained on WATERTAKE1.com or its servers or to unreasonably affect others’ enjoyment of WATER: TAKE 1 in any way. We reserve the right to block access to WATER: TAKE 1 at our sole discretion for any reason.

As pertains to the stated Audience Choice Award the the public voting process, Water Take 1 reserves the right to refuse the granting of this award to any submission suspected of purchasing votes or otherwise misusing the website by manipulating the voting system. All efforts will be made to ensure that the public voting function is used for its intended purpose of promotion and any suspicion of misuse or manipulation will be investigated.

WATER: TAKE 1 and the Content are provided to you “as is” without any warranties of any kind, expressed or implied, with regard to but not limited to their quality, reliability, performance, purpose, or accuracy. You agree to assume all risks of using WATER: TAKE 1 and not to hold responsible Ventura Water,  iThentic or any of its holdings, directors, employees, partners, or advertisers for any damages, losses, or harm, tangible or intangible, including but not limited to compensatory, consequential, punitive, incidental, or attorney’s fees arising for the use of WATER: TAKE 1 or the Content. Ventura Water and iThentic may not be held responsible for any third party or their websites whose links may accessed through the WATER: TAKE 1 website nor may Ventura Water or iThentic be held responsible for malicious code contained on or distributed by our servers. Ventura Water and iThentic do not guarantee that there will be no interruptions, delays or inaccuracies in WATER: TAKE 1 functionality or Content and do not guarantee the continued availability or electronic storage of any portion of WATER: TAKE 1 or the Content. Ventura Water and iThentic do not endorse any of the ideas, products, persons, or opinions expressed in the Content.

You assume full responsibility for any damages, losses, costs, or harm arising from your use of WATER: TAKE 1. You agree that your sole remedy, upon your written notice, from Ventura Water and iThentic may be the modification or removal of Content determined by Ventura Water and iThentic to be harmful, improper, and/or in violation of copyright, trademark, or otherwise. Ventura Water and iThentic at their discretion may choose to refund partially or fully the monies paid by a user, if any, for services or functions where the above remedy is not commercially practical.

These Terms and Conditions shall be governed by the laws of the State of California and by viewing WATER: TAKE 1 you are agreeing that such Terms and Conditions and all other aspects of WATER: TAKE 1 will be construed in all respects in accordance with the laws of the State of California applicable to an agreement entered into and to be wholly performed therein, and you agree to submit to the exclusive jurisdiction of the courts of the State of California. WATER: TAKE 1 was designed for usage in the USA and makes no representation or warranties with regard to international usage of WATER: TAKE 1. Those who access WATER: TAKE 1 from outside the USA do so at their own risk and are subject to local laws and regulations.

You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from Ventura Water and iThentic.

If you believe a user has violated your or someone else’s copyright, has breached your account, or is using WATER: TAKE 1 inappropriately, please contact us immediately at abuse@ithentic.com. Additionally, all notifications of claimed copyright infringement through the service provider, iThentic, should be forwarded to our Designated Agent, at info@ithentic.com. Any copyright infringement notification must be in writing and include:

(a) State the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;

(b) Identify the work or other subject-matter to which the claim of infringement relates;

(c) State the claimant’s interest or right with respect to copyright in the work or other subject-matter;

(d) Specify the location data for the electronic location to which the claim of infringement relates;

(e) Specify the infringement that is claimed; and

(f) Specify the date and time of the claimed infringement.

Message Boards: Although we support an individual’s right to post dissenting opinions, we reserve the right to remove comments that in our sole discretion infringe upon the rights of others.