TERMS OF USE FOR THE SACRAMENTO PRESS

  • 1. Binding Effect. This is a binding agreement. By using the internet site located at http://www.sacramentopress.com (the “Site”) or any services provided in connection with the Site (the “Service“), you agree to abide by these terms of use (“Terms of Use“).
  • 2. Changes to this Agreement. The Sacramento Press reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes to these Terms of Use will be effective when posted. Your continued use of the Site and/or the Service after any changes to these Terms of Use are posted will be considered acceptance of those changes. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
  • 3. Privacy Policy. The Sacramento Press has a privacy policy that explains to users how their information is collected and used (“Privacy Policy“). A copy of the current version of the Privacy Policy can be reviewed by clicking visiting http://www.sacramentopress.com/site/privacy. The Privacy Policy is expressly incorporated into this Agreement by this reference. Your use of the Site and/or the Service signifies your acknowledgement of and your agreement with the Privacy Policy.
  • 4. User Accounts. In order to gain access to some features of the Site, you will have to create a user account (“User Account“) by completing and submitting the Create an Account form (“Account Form“) located at http://sacramentopress.com/usertools/add. In order to complete the Account Form, you must provide certain information, including a unique username and a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the User Account, username, or password of someone else at any time. You agree to notify The Sacramento Press immediately regarding any unauthorized use of your User Account, user name, or password. The Sacramento Press shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by The Sacramento Press, its affiliates, officers, members, managers, employees, consultants, agents, or representatives due to someone else’s use of your User Account, username, or password.
  • 5. Use of Software. The Sacramento Press may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software“) are deemed to be licensed to you by The Sacramento Press for your personal, noncommercial, home use only. The Sacramento Press does not transfer either the title or the intellectual property rights to the Software, and The Sacramento Press retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos related to the Software are owned by The Sacramento Press or its licensors, and you may not copy or use them in any manner without written permission from The Sacramento Press.
  • 6. User Content.
    1. License. You grant The Sacramento Press a license to use the materials you post to the Site or Service. By posting, uploading, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content“) to the Site or Service, you are granting The Sacramento Press, its affiliates, officers, members, managers, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of The Sacramento Press, its affiliates, officers, members, managers, employees, consultants, agents, and representatives, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that The Sacramento Press may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or through the Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.
    2. Responsible Party. You understand and agree that User Content is the responsibility of the user from which such User Content originated. You agree that any information you provide to The Sacramento Press is and will be accurate, correct and up to date. You are fully responsible for any and all User Content that you post, upload, download, display, transmit, or otherwise distribute to the Site or Service. Under no circumstances shall The Sacramento Press be held liable for any errors or omissions in any User Content.
    3. Right to Review Content. The Sacramento Press does not pre-screen User Content, but The Sacramento Press reserves the right to inspect, edit, move, and delete any content that it believes, or has reason to believe, has violated these Terms of Use. The Sacramento Press may use or disclose any User Content, if such disclosure is necessary to enforce these Terms of Use, to respond to claims of intellectual property infringement, to comply with legal processes or to protect the rights of The Sacramento Press or the public.
    4. Immunity. You acknowledge that The Sacramento Press is considered a “provider/user of an interactive computer service” as defined in the Communications Decency Act, 47 U.S.C. §230, and therefore is immune from liability resulting from any false or inaccurate information contained on the Site.
  • 7. Rules of Conduct.
    1. No objectionable content. You agree not to upload to, or distribute or otherwise publish on, the Site any libelous, defamatory, obscene, sexual, pornographic, abusive, or otherwise objectionable or illegal material. The Sacramento Press reserves the right to decide whether User Content is appropriate and complies with these Terms of Use.
    2. Engage in Courteous Debate. In a community full of opinions and preferences, people always disagree. The Sacramento Press encourages active discussions and welcomes heated debate on the Site, but personal attacks are a direct violation of these Terms of Use. You agree that you will not threaten, verbally abuse, personally attack, or otherwise take any action or use any language intended to defame, offend, harass, or harm any other user, individual, group, or business. You further agree that you will not reveal any personal, non-public information of any other user, individual, group, or business, and that you will not deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam.”
    3. Use respectful language. Like any community, the online community flourishes only when users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent termination of your User Account.
    4. Use the Service only in a noncommercial manner. You agree not to, without the express approval of The Sacramento Press, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. The Sacramento Press aims to provide a place for people to share and discuss topics related to the news. Self-promotion, advertising, and posting links to drive traffic elsewhere for your personal or financial gain is prohibited.
    5. Disclosure of Relevant Personal and Professional Affiliations. You agree to include a “disclosure line” within any article that you submit for publication by The Sacramento Press if you have a personal or professional interest in the subject matter of such article. The “disclosure line” should clearly identify the nature of your personal or professional interest in the article. For instance, if you submit an article for publication that describes a fundraising event that your company sponsored, you need to briefly identify the nature of your relationship with your company, including your job title, in the “disclosure line”. You further agree to edit the “Occupation” and/or the “About Me” sections of your User Account, if appropriate, to include any relevant affiliations prior to submitting any article for publication by The Sacramento Press in which you have a personal or professional interest.
    6. Help keep the Site civil. If you feel that an article or comment is disrespectful or inappropriate, please utilizing our flagging system. To notify The Sacramento Press of objectionable content, personal attacks, hate speech, or other violations of these Terms of Use, please click the appropriate flag (e.g., “offensive,” “spam,” or “duplicate”) next to the relevant article or comment. While this does not guarantee that an article or comment will be removed, The Sacramento Press will undertake reasonable efforts to review any such article or comment in a timely manner and to take appropriate action.
  • 8. Compliance with Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content“) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User Account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
  • 9. Copyright Infringement. The Sacramento Press has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Sacramento Press has adopted a policy that provides for the immediate suspension of the User Account of any user who is found to have infringed on the rights of The Sacramento Press or of a third party, or who otherwise violated any intellectual property laws or regulations. The Sacramento Press’s policy is to investigate any allegations of copyright infringement brought to its attention.

    If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The Sacramento Press’s designated copyright agent to receive notifications of claimed infringement is:

    				Macer Media LLC
    				Attn:  Copyright Infringement Agent
    				431 I Street Suite 107
    				Sacramento, CA 95814
    				Email: copyright@sacramentopress.com
    				Phone: 916-443-5403
    				Fax: 916-443-6825.

    You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.

  • 10. Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:
    1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
    3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
    4. using the Site or Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
    6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Sacramento Press in providing the Site or Service.

    Any violation of system or network security may subject you to civil and/or criminal liability.

  • 11. Termination. The Sacramento Press may change, suspend or terminate any aspect of the Site or the Service at any time and for any reason. The Sacramento Press may (a) restrict, suspend, or terminate your access to the Site or the Service and/or (b) suspend or terminate your User Account if we believe you are in breach of these Terms of Use or applicable law, or for any other reason, without notice or liability. Once your User Account has been terminated or you have been banned from using the Site or Service, you may not thereafter use or access the Site or Service in any way, including under a new User Account or identity. The Sacramento Press maintains a policy to terminate the Site use privileges of users who infringe the intellectual property rights of others (including those of The Sacramento Press).
  • 12. No Warranties. The Sacramento Press does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. SACRAMENTO PRESS HEREBY DISCLAIMS ALL WARRANTIES. SACRAMENTO PRESS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACRAMENTO PRESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SACRAMENTO PRESS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
  • 13. Limited Liability. SACRAMENTO PRESS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SACRAMENTO PRESS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SACRAMENTO PRESS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  • 14. Affiliated Sites. The Sacramento Press has no control over, and no liability for any third party websites or materials. The Sacramento Press works with a number of partners and affiliates whose internet sites may be linked with the Site. Because neither The Sacramento Press nor the Site has control over the content and performance of these partner and affiliate sites, The Sacramento Press makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and The Sacramento Press assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that The Sacramento Press makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  • 15. Indemnity. You agree to indemnify The Sacramento Press for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Sacramento Press, its affiliates, officers, members, managers, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your User Account, of any intellectual property or other right of any person or entity. The Sacramento Press will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. This Section shall survive the termination of this Agreement.
  • 16. Ability to Accept Terms of Service. You affirm that you are either (a) more than 18 years of age, (b) an emancipated minor, or (c) possess legal parental or guardian consent, and, in any case, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You further affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. There are lots of other great websites for you. Talk to a parent or guardian about what websites are appropriate for you.
  • 17. Severability. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
  • 18. Waiver. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  • 19. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The Sacramento Press or by any third party.
  • 20. Entire Agreement. These Terms of Use, together with the Privacy Notice and any other legal notices published by The Sacramento Press on the Site, shall constitute the entire agreement between you and The Sacramento Press concerning the Site.
  • 21. Applicable Laws. The Site is controlled and operated by The Sacramento Press from its offices in the State of California. The Sacramento Press makes no representation that any of the materials or the services to which you have been given access to are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as The Sacramento Press’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento County, California in all disputes arising out of or related to the use of the Site or Service.
  • 22. Acknowledgment. By using the Service or accessing the Site, you acknowledge that you have read these Terms of Use and agree to be bound by them.