Terms of Use 

A. OVERVIEW

This agreement was last modified August 13, 2014.

1. Welcome to the web site for the East Bay Express, EastBayExpress.com (the "site"). The site is an online service owned by East Bay Publishing, LLC, d/b/a the East Bay Express. We created this site for your personal enjoyment, education and entertainment. This Terms of Use agreement (the "agreement") describes the terms and conditions under which we permit your use of the site, and constitutes a legal agreement between you and Jones Street. Use of this site is also governed by the site's Privacy Policy, which is incorporated into this agreement by reference.

2. By viewing, interacting with, submitting information to, or otherwise using this site, you agree to be bound by this agreement. If you do not wish to be bound by this agreement, you must not use this site.

3. We reserve the right, in our sole discretion, to modify, update, or otherwise change this agreement at any time. By using this site after such changes are posted, you agree to be bound by the changes.

B. INTELLECTUAL PROPERTY

1. All content included on or in this site, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of the Express and/or its third-party content providers. The "East Bay Express" and "Best of the East Bay" trademarks, as well as the business names, logos, slogans, trade dress and all other marks on this site are trademarks of The Express or its third-party content providers.

2. You may use material from this site only for your own personal, non-commercial use. Neither this site nor any portion of this site may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by the Express or under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from this site.

3. If you believe in good faith that your copyrighted work has been reproduced on this site without authorization in a way that constitutes copyright infringement, you may notify us by mail at the following address: Robert Gammon, editor, East Bay Express, 620 3rd St., Oakland, CA 94607. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

C. SUBMISSION OF CONTENT BY USERS

In certain places, this site may allow user to submit comments, forum or chat room entries, blog entries, letters to the editor, ideas, photos, videos, e-mails or other content -- either directly to us or to us or the site through third-party service providers. While we generally would like to permit you to provide content to the site or to our newspaper through the site, there are certain restrictions on your providing content. They are as follows:

1. License: By submitting content, you grant the Express a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the content submitted -- including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that the Express has the right to use your name and likeness in connection with the Express's publication, display, modification, distribution or other use of such content. The Express is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to the Express (whether directly or through its third party service providers) for any purpose whatsoever without compensation or remuneration.

2. Standards: You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, racist, sexist, or bigoted in any way, harmful to minors, or child pornographic; (d) is false, misleading, or contains factual assertions that could be defamatory and are not verifiable; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this site; (h) constitutes unsolicited junk or bulk e-mail ("spam"); (i) is tortious or criminal; or (j) includes personal attacks.

3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone's rights were violated by our display or other use of the content that you provide to us.

4. Monitoring of Content / Removal: You agree that the Express has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the site. You further agree that the Express may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.

5. Release: You agree that you are at least 18 years of age. You agree to release the Express (including, without limitation, the officers, directors, employees, shareholders, members, affiliates, successors, assigns, contractors, agents and attorneys of the East Bay Publishing LLC), and this newspaper from any and all liability and obligations whatsoever in connection with or arising from the Express' use or non-use of content submitted by you or any third party.

6. Privacy: Other than as set forth in this site's Privacy Policy, the Express may treat any submission and/or communication between you and the Express as non-confidential and non-proprietary. In particular, letters to the editor, comments concerning stories, blog entries, information from sources, and similar submissions will not be considered confidential.

7. No Endorsement / Recommendation: the Express does not endorse, recommend, or take any responsibility for any content submitted to this site by any advertisers, service provider, vendor, or other third-party, even if the Express displays such content.

D. DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES

The Express specifically disclaims all responsibility for the actions or inactions of advertisers, contractors, subcontractors, Web site developers and hosts, licensors, licensees and other third parties that may contract with the Express or its affiliates or may otherwise provide information or services to this site, even if such third parties provide content to or linked to this site -- including, without limitation, the companies that created and/or manage our online Personals, Classifieds and/or blogs. You agree that your sole course of action with respect to such third parties will be against them directly. You further agree that you will abide by the terms of use and privacy statements, if any, that they have provided for their sections of the site, but that in the event of a conflict between their terms of use and this agreement, this agreement applies.

E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES

The Express has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this site. The Express is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this site. Viewing of any and all other Web sites shall be at your own risk.

F. PROHIBITION ON USE / ENFORCEMENT OF TERMS

The Express may at any time, for any reason, prohibit your further use in whole or in part of this site. We may also take any action that we deem necessary to enforce this agreement, and to protect against unlawful or improper use of this site. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against the Express for any failure by us to enforce this agreement, whether against you or a third party. The Express' failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

G. ACCESS LIMITS

Without our Express consent, you may not: (a) use any automated means to collect any information from the site (including without limitation robots, spiders or scripts); or (b) frame any pages from the site, place pop-up windows over pages of the site, or otherwise affect the display of the site's pages. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this site or its content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of the Express or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to the Express or this newspaper or by means of this site any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. The Express grants you permission to link to this site (without framing it), but may revoke this permission at any time for any reason.

H. YOUR ACCOUNT

In order to obtain certain products or services through this site, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You may not provide inaccurate or incomplete information. You are responsible for any use of your account or this site by anyone using your account password, e-mail address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact the Express at once.

I. PARENTAL CONTROL PROVISIONS

Pursuant to 47 U.S. C. ¤ 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Safety.com, www.safety.com.

J. INDEMNIFICATION

You agree to defend, indemnify, release and hold harmless the Express (including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of East Bay Publishing LLC) from all liabilities, claims and expenses, including attorney's fees and costs, that arise from, concern, or are connected with your use or misuse of this web site or its content. The Express reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Express in asserting any available defenses and will pay all of the Express's attorneys' fees and costs in such defense.

K. SEVERABILITY

The provisions of this agreement are intended to be severable. If for any reason any provision of this agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

L. GOVERNING LAW AND JURISDICTION

You agree that the laws of the State of California will govern this agreement and your use of this site. The state and federal courts of Oakland, California, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this agreement and/or your use of the site. You agree to waive any objection based on forum non conveniens or any objection to venue in Oakland, California, of any such action.

M. INTERNATIONAL USE

The Express makes no representation that this site (including the content, services or products provided on or through it) is appropriate for or available to locations outside the United States of America; and using this site from territories where it is illegal to do so is prohibited. Any offer for a product or service through this site is void where prohibited. Use of this site is done at your own risk and you are responsible for compliance with all local laws.

N. INTEGRATION AND MODIFICATION

Except as otherwise specified herein, this agreement constitutes the entire agreement between you and the Express with respect to this site, and supersedes all prior or contemporaneous communications or proposals between you and the Express with respect to this site. You may not modify this agreement other than by obtaining the Express's signed, written consent to such a modification.

O. NOTICE / CONTACT

1. The Express can be contacted at the address listed in the "Contact Us" section of this site

2. Legal notices shall be sent to the Express at the following address: East Bay Express, 620 3rd St., Oakland, CA 94607.

3. The Express is entitled to assume that any address information that you provide to us is correct, and the Express may contact you at such address.

Copyright © 2011 , East Bay Express. All rights reserved.

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