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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
The Bakersfield Californian offers the bakersfield.com web site
(the "Web Site"), to you, the user, conditioned upon your acceptance
of all of the terms, conditions, policies and notices stated on
the Web Site. By using the Web Site, you signify your assent to
these Terms and Conditions and any subsequent modifications. Bakersfield.com
may revise these Terms and Conditions from time to time by updating
this posting, with the new terms taking effect on the date of posting.
You should review these Terms and Conditions every time you use
this Web Site as they are binding upon you.
Personal and Noncommercial Use
The bakersfield.com site is for your personal and noncommercial
use. As a condition to your continued use of the Web Site, you warrant
to bakersfield.com that you will not use the Web Site for any purpose
that is unlawful or prohibited by these Terms and Conditions.
Community Forums
Bakersfield.com may provide chat rooms, message boards and other
community forums ("Discussion Forum") on the Bakersfield.com site.
If you use a Discussion Forum, you are solely responsible for your
own communications and the consequences of posting those communications.
Bakersfield.com does not assume any responsibility for the consequences
of any Discussion Forum communications on or arising from use of
the bakersfield.com Web Site. Bakersfield.com does not represent
or guarantee the truthfulness, accuracy or reliability of any of
the material posted by Discussion Forum users or endorse any opinions
expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A DISCUSSION
FORUM IS AT YOUR OWN RISK.
Any of the following conditions constitute a violation of these
Terms and Conditions and may result in the termination of your right
to use bakersfield.com:
- Disrespecting the privacy and views of other users
- Using bakersfield.com for commercial purposes of any kind;
- Posting obscene, defamatory, harmful or knowingly false information;
- Using bakersfield.com for unlawful purposes;
- Impersonating another person
- Allowing another person to use your identification to post or
view comments;
- Posting material that infringes on the copyright, intellectual
property rights, or privacy rights of others.
Bakersfield.com does not screen Discussion Forum communications
in advance and is not responsible for screening or monitoring material
posted by users or any other person or entity. If notified by a
user of communications that are alleged not to conform to the terms
of this Section, Bakersfield.com may investigate the allegation
and determine in its sole discretion to remove or request the removal
of the communications.
Bakersfield.com reserves the right to remove communications that
are abusive, illegal, disruptive or that otherwise fail to conform
to these Terms and Conditions. Bakersfield.com reserves the right
(but is not obligated) to edit or delete any communications posted
on the bakersfield.com site, regardless of whether such communications
violate these standards for content. Bakersfield.com reserves the
right (but is not obligated) to monitor, edit, disclose or record
any type of posting on the Discussion Forums for adherence to the
Terms and Conditions. Bakersfield.com may utilize these rights if
required, in the course of normal operations and maintenance of
the bakersfield.com site, or by law or in the good faith belief
that such action is necessary to (i) comply with the law or with
legal process served; (ii) protect and defend the rights of bakersfield.com
or others; or (iii) act in an emergency to protect the personal
safety of our users or the public. BAKERSFIELD.COM HAS NO LIABILITY
OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE
OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
By posting messages or other material in the Discussion Forums,
you are granting to bakersfield.com and its licensees a worldwide,
royalty-free, perpetual, non-exclusive and irrevocable right and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display any posting
by you (in whole or in part) and/or to incorporate it in other works
in any form, media or technology now known or hereafter developed.
By using the bakersfield.com Discussion Forums, you are agreeing
to all of these Terms and Conditions as well as any other bakersfield.com
policies contained on the Web Site.
Disclaimer of Warranties
Neither bakersfield.com nor its employees, agents, third party
information providers, merchants, licensors or the like warrant
that the Web Site or its operation will be accurate, reliable, uninterrupted
or error-free. If your use of bakersfield.com results in the need
for servicing or replacing property, material, equipment or data,
bakersfield.com is not responsible for those costs. No agent or
representative has the authority to create any warranty regarding
the Web Site on behalf of bakersfield.com. Bakersfield.com reserves
the right to change or discontinue at any time any aspect or feature
of the Web Site.
Bakersfield.com does not assume any liability for the contents
of any material provided on the Web Site. Reliance on any information
presented on the Web Site, other than that which you provided, is
at your own risk. Bakersfield.com reserves the right to change or
discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information
will be transmitted over local exchange, interexchange and Internet
backbone carrier lines and through routers, switches and other devices
owned, maintained and serviced by third party local exchange and
long distance carriers, utilities, Internet service providers and
others, all of which are beyond the control and jurisdiction of
bakersfield.com. Accordingly, bakersfield.com assumes no liability
for or relating to the delay, failure, interruption or corruption
of any data or other information transmitted in connection with
use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON BAKERSFIELD.COM IS
PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED. BAKERSFIELD.COM MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE
WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS
TO BE OBTAINED FROM USING THE WEB SITE OR BAKERSFIELD.COM SERVICES.
Limitation of Liability
IN NO EVENT SHALL BAKERSFIELD.COM OR ANY THIRD PARTIES MENTIONED
AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE BAKERSFIELD.COM WEB SITE OR THE CONTENT OF THE WEB SITE
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT BAKERSFIELD.COM IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BAKERSFIELD.COM SHALL BE LIABLE TO YOU ONLY FOR
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF
ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE
HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW
THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER
THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold bakersfield.com, its officers,
directors, employees and agents, licensors and suppliers harmless
From and against any claims, actions or demands, liabilities and
settlemen s, including, without limitation, reasonable legal and
accounting fees, resulting from, or alleged to result from, your
use of the bakersfield.com Web Site in a manner that violates or
is alleged to violate these Terms and Conditions. Bakersfield.com
shall provide you with prompt notice of any such claim, suit or
proceeding and shall reasonably cooperate with you, at your expense,
in your defense of any such claim, suit or proceeding.
Links/Advertisements
The bakersfield.com Web Site may link to other sites operated by
third parties. The inclusion of any link to such sites does not
imply endorsement by bakersfield.com of the sites, but is for your
reference and convenience only. Bakersfield.com has not reviewed
all of the sites linked to the Web Site and is not responsible for
the content or accuracy of any off-site pages or any other sites
linked to bakersfield.com. Nor does bakersfield.com recommend or
endorse any specific tests, products or procedures that may be mentioned
on or represented in advertisements on the Web Site. Linking to
any other off-site pages or other sites is at your own risk and
subject to the Terms and Conditions of Use of any hyper-linked site.
For example, bakersfield.com provides a link to www.datefinder.com,
which is subject to www.datefinder.com's Terms and Conditions of
Use, and NOT these Terms and Conditions.
The bakersfield.com Web Site also contains advertisements by third
parties. Unless otherwise specifically stated on the Web Site, bakersfield.com
does not endorse or make any representation regarding the liability,
quality, or accuracy of any products or services featured in, or
linked to any advertisement that appears on the Web Site.
Unless otherwise prohibited under these Terms and Conditions, you
are hereby licensed to create hyperlinks to the content on the bakersfield.com
Web Site, provided that the hyperlink accurately describes the content
as it appears on the Web Site. Bakersfield.com reserves the right
to revoke this license generally, or your right to use specific
links, at any time. Under no circumstances may you "frame" the Web
Site or any of its content or copy portions of the bakersfield.com
Web Site to a server, except as part of an Internet service provider's
incidental caching ofpages. Each page within bakersfield.com must
be displayed in full (including all trademarks, branding, advertising
and promotional materials), without any accompanying frame, border,
margin, design, branding, trademark, advertising or promotional
materials not originally displayed on the page within bakersfield.com.
Copyrights
The Bakersfield Californian retains full copyright ownership, rights
and protection in all material contained on bakersfield.com (including
all software, HTML code, Java applets, Active X controls and other
code). Except as otherwise expressly provided in these Terms and
Conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works from,
transfer, or sell any material contained on the Web Site without
the prior consent of the copyright owner. You agree not to modify
any documents, graphics, images or other material found on this
Web Site.
You may, however make single copies of materials displayed on the
bakersfield.com Web Site for your own personal and noncommercial
use only, provided any copies include the copyright and other notices
displayed with the materials on the Web Site. You may not distribute
such copies to others, whether or not for a charge or other consideration,
without prior written permission from bakersfield.com or the copyright
owner of the copied material.
None of the material contained on the bakersfield.com site may
be reverse-engineered, disassembled, decompiled, transcribed, stored
in a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means (electronic,
mechanical, photoreproduction, recordation or otherwise), resold
or redistributed without the prior written consent of bakersfield.com.
All content of bakersfield.com is Copyright © 2002 The Bakersfield
Californian.
All rights reserved.
Termination
You agree that bakersfield.com may terminate your use of the Web
Site, if bakersfield.com reasonably believes that you have violated
or acted inconsistently with the letter or spirit of these Terms
and Conditions of Use, or violated the rights of bakersfield.com
or any third party, or for any reason with or without notice to
you. You agree that bakersfield.com may modify or discontinue bakersfield.com,
with or without notice to you. You agree that bakersfield.com will
not be liable to you or any third party as a result of such modification
or discontinuation.
Survival
The provisions entitled "Your Submissions," "Disclaimer of Warranties,"
"Limitation of Liability," "Indemnification" and "General Provisions"
will survive termination of this agreement.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute
with bakersfield.com, or in any way relating to your use of bakersfield.com
("Legal Action"), resides in the courts of the County of Kern, State
of California. You further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of California
in connection with any such dispute. Any Legal Action that is subject
to the jurisdiction of federal courts shall be instituted in a federal
court in the Eastern District of California in Fresno, California.
These Terms and Conditions are governed by the internal substantive
laws of the State of California, without regard to conflict of law
principles. If any provision of these Terms and Conditions are found
to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of these Terms and Conditions shall
be deemed a further or continuing waiver of such term or condition
or any other term or condition. Any cause of action you may have
with respect to bakersfield.com must be commenced within one year
after the claim or cause of action arises or such claim or cause
of action is barred.
Notice
The Bakersfield Californian may deliver notice to you under these
Terms and Conditions by means of electronic mail, a general notice
on bakersfield.com, or by written communication delivered by first
class U.S. mail to your address on record in bakersfield.com's account
information. You may give notice to Jana Jones at any time via electronic
mail to bakersfield.com or by letter delivered by first class postage
prepaid U.S. mail or overnight courier to the following address:
Bakersfield.com 1707 Eye St.
Bakersfield, CA 93301
Phone: 661-395-7500
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