Introduction
Welcome to The Voice of San Francisco, an independent, nonprofit news service. Before using this site, please read these Terms of use (“Terms”) for www.thevoicesf.org (the “Web Site”) carefully. The domain www.thevoicesf.org is owned, operated, and maintained by Voice of San Francisco, Inc. (“The Voice”). If you do not accept these Terms, do not use this Web Site. The Voice may revise these Terms at any time. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.
Access and use of this site constitute an agreement to be bound by the Terms of Use and the Privacy Policy.
Use of Material
The contents of this Web Site, such as text, images, graphics, and other material (“Material”), are owned by The Voice and its affiliates, licensors, contributors, vendors, and/or others and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
You may copy a limited amount of content for personal, non-commercial use if you do not change the content, use the content unlawfully, or use the material in a way that would suggest that The Voice of San Francisco endorses any cause, idea, product or service.
You may not copy or adapt the HTML or other code that The Voice uses to generate its pages.
You may not, without the prior written permission of The Voice, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data, or content found on the Web Site or accessed through the Web Site.
If you download software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by The Voice or its licensors. The Voice does not transfer title to the Software to you. You own the medium on which the Software is recorded, but The Voice and its licensors retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Any use of the Software may be subject to an accompanying end user software license agreement.
Acceptable Site Use
You may not use the Web Site to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, hateful or abusive.
Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any The Voice packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Voice may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site involved in such violations.
Specific Prohibited Uses: The Voice specifically prohibits any use of the Web Site, and you agree not to use the Web Site, to:
distribute or otherwise publish, without The Voice’s approval, any material containing any solicitation of funds, advertising, promotion, or solicitation for goods or services;
solicit other users of the Web Site to join or become members of any commercial online service; or
delete or revise any material posted by any other person or entity.
User Information
If The Voice asks you to register on or for the Web Site, you will be asked to provide The Voice with certain information including, without limitation, a valid email address (your “Information”). Please see The Voice’s Privacy Policy for further details regarding The Voice’s use of your Information.
User Submissions
If you use the Web Site, you are responsible for your own communications and the consequences of your postings. In addition, you shall not:
post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
post a sexually-explicit image or statement;
post material that reveals trade secrets, unless you own them or have the permission of the owner;
post advertisements or solicitations of business without The Voice’s approval;
post chain letters or pyramid schemes; or impersonate another person.
The Voice does not represent or guarantee the accuracy, truthfulness, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by another user will be at your own risk.
The Voice has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms, The Voice may investigate that allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Voice has no liability or responsibility to users for performance or non-performance of such activities. The Voice reserves the right to expel users and prevent their further access to the Web Site for violating these Terms or the law, and to remove communications that do not conform to these Terms.
If you submit any material or content to the Web Site in any manner (“Content”), you grant The Voice and its affiliates the royalty-free, perpetual, irrevocable, nonexclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the Content (the “License”). You also warrant that the holder of any rights, including moral rights in the Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the License. You also permit any user of the Web Site to access, display, view, store, and reproduce the Content for personal use. Subject to the foregoing, the owner of the Content placed on the Web Site retains any and all rights that may exist in the Content. You acknowledge that you are solely responsible for the content, form, and accuracy of any Content you place directly or indirectly on the Web Site.
You authorize sharing of any Content that you submit across all The Voice affiliates and their respective websites, including The Voice of San Francisco (www.thevoicesf.org).
Registration and Password
You are responsible for maintaining the confidentiality of your information and any password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify The Voice of any unauthorized use of your Information, registration, or password.
The Voice’s Liability
THE SITE AND MATERIAL IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE VOICE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. THE VOICE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
The Material may contain inaccuracies or typographical errors. The Voice makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.
THE VOICE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE VOICE IS NOT RESPONSIBLE FOR THOSE COSTS.
Disclaimer of Consequential Damages
IN NO EVENT WILL THE VOICE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR 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 MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE VOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
To the extent the Web Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by The Voice of the content on such third-party web sites. The Voice is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
Limitation of Liability
The aggregate liability of The Voice to you for all claims arising from the use of the Materials or any other use of the Web Site is limited to $10.
Termination
If you breach any of these Terms, The Voice reserves the right, at its sole discretion, to immediately terminate your registration with or ability to access the Web Site, any Material, and/or any other service provided to you by The Voice.
Indemnity
You shall defend, indemnify, and hold harmless The Voice, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Material or the Web Site or your breach of any of these Terms. The Voice will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.
General
The Voice makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. The information provided on the Web Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use and your use of the Web Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end-user software license, or in a “Legal Notice” or other statement by The Voice on the Web Site, these Terms constitute the entire agreement between you and The Voice with respect to the use of the Web Site.
Contact us
To resolve a complaint regarding the Web Site or to receive further information regarding its use, please contact us at:
The Voice of San Francisco, Inc.
1517 North Point Street #411
San Francisco, CA 94123
info@thevoicesf.org