Effective as of August 26th, 2010
The following describes the terms under which CaliforniaChoices.org ("California Choices," "we," "our," or "us") provides the http://californiachoices.org website (the "California Choices Service" or the "Service") to visitors to the http://californiachoices.org website.
Changes and Modifications. California Choices reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (30) days after they have been posted to this site or California Choices has otherwise notified you of the change. Though California Choices may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link in the footer of each webpage within the Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, California Choices grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links To Other Sites. The Service may contain links to other affiliated or independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under California Choices control, and California Choices is not responsible for – and does not necessarily endorse the content or practices of – such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. DESCRIPTION OF SERVICES
General Description. California Choices Service has been designed to equip Californians with a better understanding of why our state has deep problems and what options we have to make it work again for a better future. The Service also allows bloggers to post content to the Service and allows visitors to post comments to stories and blog posts that appear on the Service.
3. CONDITIONS OF USE
As a condition of use, you agree to the following:
- The Service allows visitors to the website and bloggers invited to share content to upload, transmit, publish, and disseminate text and other content ("Visitor Content" and "Blogger Content," respectively – collectively, "User Content"). Any User Content contained on the Service represents the opinion of that visitor or blogger only. No User Content made available though the Service should be taken as a statement by or from California Choices, or its subsidiaries, directors, officers, employees, or licensors.
- You are solely responsible for any User Content that you publish or disseminated using the Service.
- You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
- You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual's right to publicity or privacy.
- You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
- You will not upload, post, email, transmit, or otherwise make available any content that is intended to – or does – support or oppose any specifically identifiable candidates for public office.
- You will not transmit any worms or viruses or any code of a destructive nature.
- You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
- You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- It is California Choices' policy to disable access to users who repeatedly violate the copyrights of third parties. Users to whom access has been disabled may not continue to access the Service through an alternate email account.
- You will not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
4. YOUR CONTENT
When you upload or otherwise provide your own original User Content to or through the Service, you retain ownership of any copyright (and any other rights) you already hold in your User Content. You also represent and warrant that, with respect to all User Content that you upload, transmit, publish, and disseminate through the Service, that (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Service, and to grant to California Choices the licenses set forth in this Agreement; and (b) the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party.
5. COPYRIGHT POLICY
If you believe that California Choices, or any user of to the Service, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act ("DMCA") at firstname.lastname@example.org and review our copyright policy, available at http://californiachoices.org/copyrightPolicy, for more details on how to properly notify us of a DMCA issue.
6. CALIFORNIA CHOICES' INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "California Choices Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such California Choices Content, contained in the Service is owned, controlled, or licensed by or to California Choices, and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not California Choices Content.
Except as expressly provided in this Agreement or otherwise permitted by law, no California Choices Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without California Choices' express prior written consent.
7. VIOLATION OF THIS AGREEMENT - TERMINATION
You agree that California Choices may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. For example, it is the policy of California Choices to terminate access to users who repeatedly violate the copyrights of third parties.
If California Choices does take any legal action against you as a result of your violation of this Agreement, California Choices will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to California Choices. You agree that California Choices will not be liable to you or to any third party for termination of your access to the Service.
Any rights or licenses you grant to California Choices, or its users, during the term of this Agreement – including, but not limited to, the license granted in connection with your publication of User Content – shall survive termination of this Agreement.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALIFORNIA CHOICES AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (THE "CALIFORNIA CHOICES AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CALIFORNIA CHOICES AND THE CALIFORNIA CHOICES AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALIFORNIA CHOICES OR THROUGH THE HTTP://CALIFORNIACHOICES.ORG WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING USER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS PUBLICATION. NO SUCH CONTENT, INCLUDING USER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO CALIFORNIA CHOICES OR THE CALIFORNIA CHOICES AFFILIATES.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALIFORNIA CHOICES AND THE CALIFORNIA CHOICES AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, (b) ANY CHANGES THAT CALIFORNIA CHOICES MAY MAKE TO THE SERVICE; (c) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; OR (d) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CALIFORNIA CHOICES AND THE CALIFORNIA CHOICES AFFILIATES SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE LIABILITY OF CALIFORNIA CHOICES AND THE CALIFORNIA CHOICES AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will indemnify and hold California Choices and/or the California Choices Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by California Choices and/or the California Choices Affiliates in connection with any User Content which you publish or disseminate using the Service or any claim arising out of your breach of the Agreement. California Choices reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. GENERAL TERMS
Entire Agreement. This Agreement is the whole legal agreement between you and California Choices. It governs your use of the Service and completely replaces any prior agreements between you and California Choices with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from California Choices and/or its affiliated services.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between California Choices and you arising out of or in connection with your use of the Service, California Choices will attempt, promptly and in good faith, to resolve the dispute. If California Choices is unable to resolve any such dispute within a reasonable time, each party to this Agreement agrees that any dispute or controversy arising between any of the parties to this Agreement, or any person or entity in privity therewith, out of the transactions effected and relationships created pursuant to this Agreement and each other agreement created in connection herewith, including any dispute or controversy regarding the formation, terms, or construction of this Agreement, regardless of kind or character, shall be submitted to non-binding arbitration administered by the American Arbitration Association under its Non-Binding Arbitration Rules for Consumer Disputes and Business Disputes before the parties may initiate arbitration, litigation or some other type of dispute resolution process. In any such proceeding, California Choices, in its sole discretion, shall choose the arbitrator or arbitration panel. Each party to this Agreement agrees to submit such dispute or controversy to arbitration before the American Arbitration Association in San Francisco County, California. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in connection with such dispute or controversy in a court of competent jurisdiction. After the completion of non-binding arbitration, as outlined herein, any party to this Agreement may bring action in the state and federal courts located in San Francisco County, California. In any proceeding under this section of the Agreement, the non-prevailing party shall bear all costs, including reasonable attorneys' fees.
Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred. California Choices may bring claims to enforce this Agreement at any time.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If California Choices does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. California Choices may assign or delegate all rights and obligations under the Agreement, fully or partially.