Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Last Revised: February 10, 2011
Contributing Content and Comments to the Web Site. Subject to these Terms and Conditions (including our Community Rules and Guidelines, below), users of the Web Site (“Users”) may use the Web Site’s interactive community areas to comment on articles and news stories, submit classified advertisements and otherwise participate subject to the Web Site’s functionality (“User Submissions”). All Users ages 13 and over are encouraged to contribute information and pictures to the Web Site. If you are under 13, you are not allowed to contribute content or comments to the Web Site. We reserve the right to terminate any accounts that do not fit this description. We do not endorse, and are not responsible for, any statement, opinion or advice given or made in User Submissions. We may, in our sole discretion, monitor, pre-screen, refuse to post, or remove any User Submission, though we have no obligation to do so. You agree that you are solely responsible for all User Submissions you post on the Web Site. We may discontinue or remove any User communication forums at any time, in our sole discretion.
Community Rules and Guidelines. We encourage conversation between Users, and require such conversation to be civil. You are responsible for the quality of the conversations in which you participate: to maintain intelligent discussions, be respectful and considerate. And of course, use common sense, because your mother, grandmother, kids or boss may read your postings to the Web Site.
No Personal Attacks: Please do not engage in personal attacks (on authors, other Users, or any individual), persistent trolling or mindless abuse. Rather, focus on intelligently discussing topics by furthering the conversation and informing the participants with resourceful and constructive ideas. Repeated personal attacks may be cause for suspension and possible expulsion from the site.
Don’t exploit people: Our Web Site isn’t the place for harassment, stalking, threats, intimidation, trolling, flame wars or exposing others’ personal information. We reserve the right to ban repeat offenders temporarily or permanently.
Hate Speech Will Not Be Tolerated: Racism, sexism, pornography, homophobia or other hate speech will not be tolerated and may be cause for immediate and permanent expulsion from the Web Site.
Watch Your Language: Watch your language and respect other people’s views, beliefs and emotions. We reserve the right to remove or edit any content that might be offensive or threatening.
No Spam: Spam and advertising content will be removed. Yes, this means you: Spam is spam, even if it is for a worthy cause.
No Copyright Infringement: We like people who post original content. Otherwise, if you don’t own the copyright to content you wish to post, be aware of other people’s rights, or we may have to remove such content.
Keep It Relevant: Please keep conversations relevant. Off-topic comments are subject to removal in order to keep the thread on track.
Quality Check: We encourage you to take responsibility for the quality of the conversations in which you’re participating:
- Maintain intelligent discussions by being respectful and considerate.
- Foster a discussion by sharing your point of view. Don’t try to “win” an argument with sarcasm or insults: if you believe a particular article or a comment is silly, stupid or ignorant, make your comment by sharing why you think that is the case, and without using such terms. Be aware that sarcasm is often misinterpreted as an insult.
- Be aware of the number of comments you are posting: while we do not impose limits on the number of posts by any one person, remember a robust discussion often includes numerous contributors and perspectives. Discussions dominated by individuals become less interesting to the rest of the community, and discourage other User involvement.
Help us: Maintain an inviting interaction space by self-policing threads and flagging violations and spam. Although we have a hands-on approach to community engagement, we do sometimes miss problem commentators or trolls. We appreciate your efforts to keep the community environment inviting, insightful and constructive. You can contact the community moderator at Webmaster@Bakersfield.com.
Account Age Requirement. You understand and agree that the posting of User Submissions requires you to register for an account on the Web Site. You must be over the age of 13 in order to have an account: if you are under the age of 13, you may read articles on the Web Site, but you may not register for an account or post comments on the Web Site. You are responsible for maintaining the security of your account, and you are fully responsible for all actions taken in connection with it. You must not use your account in a misleading or unlawful manner. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, deactivate, or terminate your account or your use of the Web Site at any time, for any reason or for not reason, and you may likewise terminate your account at any time. You agree to keep your password secure and confidential and not to disclose it to anyone and that you will not permit any third party to access your account.
User Submissions Representations and Warranties. You agree that, whether or not such User Submissions are published on the website, we guarantee no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyright, trademark, and other proprietary rights in and to the User Submissions to enable inclusion and use of the User Submissions as contemplated on the Web Site and in these Terms and Conditions. You understand and agree that we may display or distribute User Submissions along with your name and other information you provide during the registration process. We do not endorse and are not responsible for any statement, opinion or advice given or made in posts.
License. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Web Site, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with the Web Site or our business, including for promoting and redistributing part or all of the Web Site (and derivative works thereof) in any media formats and through any media channels now known or hereinafter invented. This license may also be exercised on our behalf by third parties e.g. technology partners, service providers and independent contractors). You also grant each User a non-exclusive license to access your User Submissions through the website.
Links/Advertisements. The Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply our endorsement of such sites, but is for your reference and convenience only. We have not reviewed all of the sites linked to the Web Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Web Site. Nor do we 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.
The Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, we do 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 Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. We reserve 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 Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web Site 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 the Web Site.
Disclaimer of Warranties. Neither we nor our 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 the Web Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of us. We reserve the right to change or discontinue at any time any aspect or feature of the Web Site.
We do 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. We reserve 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. Accordingly, we assume 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 THE WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKE 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 ITS SERVICES.
Limitation of Liability. IN NO EVENT SHALL WE 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 WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE 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 us, our officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. We 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.
Copyright Ownership. We retain full copyright ownership, rights and protection in all material contained on the Web Site (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 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 us or the copyright owner of the copied material.
None of the material contained on the Web 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, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent.
Claims of Copyright Infringement. We respect the intellectual property of others and require that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond expeditiously to notices of alleged copyright infringement that are reported to our Designated Copyright Agent identified below. We will disable and/or terminate the accounts of 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 our Copyright Agent 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 website.
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 our Designated Copyright Agent:
1707 Eye St., Bakersfield CA, 93301
While we consider 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.
Personal and Noncommercial Use
The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to us that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
General Provisions. You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Web Site (collectively, "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 the Web Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Use At Your Own Risk. Your use of the Web Site is at your own risk. We do not intend to engage in any prior review of notes posted to community content areas, but we reserve the right in our sole discretion and for any reason to delete or redirect any information or other content posted to the Web Site, regardless of whether the information or other content violates the rules for content described in above policies. Further, we reserve the right to limit or terminate service to participants who violate these Terms and Conditions.
In no event will we be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the Web Site community content areas, or any information or services provided on the Web Site, even if we have been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on the Web Site.
We are not responsible for censoring or monitoring community content areas, but we reserves the right to enforce the policies outlined in these Terms and Conditions, and reserve the right to move or remove posts at our sole discretion and without explanation. These posting rules may be revised over time. We will post those changes prominently so that you will always know what type of posts we prohibit. We do, however, recommend that you read this notice each time you use the Web Site, in case you missed our notice of changes.
Transactions. The Web Site is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of buyers and sellers to complete transactions. This Web Site acts as a venue to allow anyone to offer, sell, and buy items from one other. We do not guarantee the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.
Real-world Meetings. The Web Site offers User Profiles that are designed to allow individuals to meet each other for any purpose. You are advised that we cannot vouch for the safety of offline meetings of individuals you meet through the Web Site, and such meetings are held at your sole risk. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to a third party who you met through the Web Site, it is at your risk and you agree not to hold us liable for anything that results from such meetings.
Personal and Noncommercial Use. The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to us that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Termination. You agree that we may terminate your use of the Web Site, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated our rights or the rights of any third party, or for any reason with or without notice to you. You agree that we may modify or discontinue the Web Site, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.
Survival. The provisions entitled "Contributing Content and Comments to the Web Site," “User Submission Representation and Warranties”, "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of these Terms and Conditions.
Notice. We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first-class U.S. mail to your address on record with you account information. You may give notice to us at any time via electronic mail to Webmaster@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