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Thu, 12/19/2013 - 08:56
Updated as of March 4, 2012
B. We may not notify you when changes are made to these Terms of Service, you should periodically review the most up-to-date version http://sanfrancisco.cityandpress.com/site/terms-service (this document). City And Press may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
A. These Terms of Service apply to all users of City And Press.
B. City And Press contains links to third party websites that are not owned or controlled by City And Press. City And Press has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications. In addition, City And Press will not and cannot censor or edit the content of any third-party site or application. By using City And Press, you expressly relieve City And Press from any and all liability arising from your use of any third-party website or application.
A. In order to access some features of City And Press, you will have to create an account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account.
B. Although City And Press will not be liable for your losses caused by any unauthorized use of your account.
City And Press hereby grants you permission to access and use the website and its applications as set forth in these Terms of Service, provided that:
A. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website and its applications in a manner that sends more request messages to City And Press servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, City And Press grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. City And Press reserves the right to revoke these exceptions either generally or in specific cases.
B. You agree not to collect or harvest any personally identifiable information, including account names, from City And Press, nor to use our communication systems, such as comments or messages, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of City And Press with respect to their User Submissions.
C. In your use of the website and its application, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
D. City And Press reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website and its applications with or without notice. You agree that we shall not be liable to for any such modification, suspension or discontinuance of our site. You also agree that we shall not be liable to for any loss of your data, including your articles and comments. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of City And Press and of our users as a whole.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on City And Press.
A. You may access City And Press Content, User Submissions and other content only as permitted under this Agreement. City And Press reserves all rights not expressly granted in and to the City And Press Content and the City And Press Service.
B. You understand that when using the City And Press website and its applications, you will be exposed to User Submissions from a variety of sources, and that City And Press is not responsible for the accuracy, usefulness, or safety of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against City And Press with respect thereto, and agree to indemnify and hold City And Press, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a City And Press account holder you may submit textual content (“Articles” and "User Comments"). Articles and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, City And Press does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
C. You declare that you are the sole owner and author of your submissions and own 100% of all copyrights pertaining to them.
D. Your submission to City And Press gives unconditional permission for us to publish and distribute your articles on the City And Press website and its applications.
E. We reserve the right to remove your articles, comments, and membership account at any time for any reason.
F. We reserves the right to re-classify your article into a section that may be more suitable than originally submitted.
G. You acknowledge that we do not pay for publishing and distributing your articles.
H. City And Press is advertiser supported. We reserve the right to publish ads on the same pages as your submissions.
I. You agree that you will not send in any articles with direct affiliate links in them.
G. City And Press does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and City And Press expressly disclaims any and all liability in connection with User Submissions. City And Press does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and City And Press will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. City And Press reserves the right to remove Content and User Submissions without prior notice.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing City And Press with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
Information must be submitted in using City And Press's contact form, found at http://sanfrancisco.cityandpress.com/form/contact
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to City And Press:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court in Montreal, Quebec, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Information must be submitted in using City And Press's contact form, found at http://sanfrancisco.cityandpress.com/form/contact.
If a counter-notice is received, City And Press may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at City And Press's sole discretion.
YOU AGREE THAT YOUR USE OF CITY AND PRESS WEBSITE AND ITS APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY AND PRESS, ITS OWNERS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, ITS APPLICATIONS, AND YOUR USE THEREOF. CITY AND PRESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CITY AND PRESS' CONTENT OR THE CONTENT OF ANY SITES LINKED TO CITY AND PRESS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CITY AND PRESS. CITY AND PRESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CITY AND PRESS WEBSITE AND APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CITY AND PRESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL CITY AND PRESS, ITS OWNER, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CITY AND PRESS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CITY AND PRESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
The website and its applications are controlled and offered by City And Press in Canada. Those who access or use City And Press Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless City And Press, its owner and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the City And Press Website and its application; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of City And Press.
You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by City And Press without restriction.
The parties have agreed that the Terms of Service and all documents relating thereto be written in the English language. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.