• A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z
  • #

From Our Leadership

As one integrated, merged newsroom, we believe in reaching the broadest audience possible – the theory being that the more people who see noteworthy journalism, the greater the impact and likelihood for results.
- Mark Katches
Editorial Director

Terms of Use

Last Updated: May 26, 2010

Welcome to The Bay Citizen. By accessing this website (including by automated means), you accept these Terms of Use. This is a legally binding agreement between you and The Bay Citizen; please read it carefully.

GENERAL PROVISIONS

The Bay Citizen respects your privacy. Please take a moment to review our Privacy Policy.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our editorial team at corrections@baycitizen.org, along with an explanation of your objection.

The web is an evolving medium. The Bay Citizen may change these Terms of Use from time to time. By continuing to use this website after we post such changes, you agree to be bound by these Terms of Use, as modified. The Bay Citizen may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

PROVISION OF SERVICE AND RIGHT TO TERMINATE ACCESS

The content that appears on The Bay Citizen is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before acting on information you’ve read on our website, you should confirm any information that is important to your decision.

You understand and agree that the site is provided to you on an “as is” and “as available” basis. We disclaim all responsibility for the availability, timeliness, security, or reliability of the site or any feature or software included in the site.

We reserve the right to change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time, for any reason. We also reserve the right to deny access to the site or any features of the site to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy our website.

YOUR RIGHTS TO USE SITE CONTENT

The Bay Citizen is made available for your personal, noncommercial use only. All content and material on this website is the property of The Bay Citizen or its licensors and is protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms of Use, you may not distribute, display, reproduce, perform, create derivative works from, or otherwise exploit any of the content or material on this site. You may display and occasionally print or store a single copy of an individual page of our website for your personal use, but you may not otherwise reproduce, store or distribute copies of any content or material found on this site, in any form (including electronic form), without prior written permission from the copyright owner. Requests for permission to reproduce or distribute content or material found on The Bay Citizen should be sent to Permissions, The Bay Citizen, 126 Post Street, 5th Floor, San Francisco, CA 94108 or emailed to info@baycitizen.org. All contents of this site are: Copyright 2010 The Bay Citizen and/or its licensors. All rights reserved.

You are free to establish a hypertext link to our site so long as the link does not state or imply that we sponsor, endorse, or are affiliated with you or your website. However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another website or other service any of our content, material or intellectual property.

Registration

To access and use certain features of our site, including our newsletters and our user comment features, you will be required to register and create a user profile. To register, you must provide personal information, such as your full name and a valid email address, and create a username and password. Once you are registered you can elect to provide additional information that will be associated with your account and your user profile. Our use of any information you provide is governed by the terms of our Privacy Policy.

You agree to provide accurate, current and complete information about yourself as prompted by the site's registration and user profile forms.  You may not sell, share or otherwise transfer your registration information or user profile.

We reserve the right to reject or terminate use of any username that we deem inappropriate. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities (whether by you or by others) that occur under your user account. To protect against unauthorized access to your account, be sure to log out when you finish using the site. Do not disclose your password to any third party. If you believe your account or password has been compromised you should immediately change your password by logging into your account and accessing the “Change Password” feature. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security of which you become aware.

YOUR CONDUCT WHEN USING OUR SITE

Our site includes a variety of features that allow users to interact with each other on the site and post content for display on the site. These features are intended to create a community where you can share news and have conversations about what’s happening in the Bay Area. While we reserve the right to monitor site content, it is up to our users to ensure that discussions on The Bay Citizen are polite and informative.

First and foremost, we ask that you treat other site users with respect. Language and content should be appropriate for a civil, adult discourse. Please respect the rights of others to their opinions; understand that there may be many other sides to every story. If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment.

By participating in discussions, posting content to The Bay Citizen or otherwise accessing and using our site, you commit that you will not:

  • Use the site to impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt any servers or networks used to provide the site or its features;
  • Use the site to engage in or to instigate or encourage others to engage in illegal activities or to cause injury or damage to any person or entity;
  • Gain unauthorized access to the site, or any account, computer system, or network connected to this site;
  • Use the site to post or transmit any unlawful, threatening, harassing, abusive, libelous, obscene, or pornographic content;
  • Use the site to post or transmit any information or content that violates or infringes on the rights of others, including information or content that invades the privacy or violates the right of publicity of any person or that is protected by copyright, trademark or other proprietary right, without permission;
  • Use the site to post or transmit any content or material that contains a virus or other harmful component;
  • Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, unless we have authorized such use;
  • Gather for marketing purposes any email address or other personal information that has been posted by other users of the site;
  • Engage in personal attacks, harass or threaten another user, or deliberately disrupt the conversation;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
  • Use any automated mechanism to collect information from our site in any manner that fails to respect the Robots Exclusion Protocol.

 

YOUR RESPONSIBILITY FOR INFORMATION AND CONTENT YOU SUBMIT

You acknowledge that you are solely responsible for the user profile information, text, comments, and other information and content that you post on or submit to this website, or share with others using this site. By submitting or posting information or content to The Bay Citizen, you represent: (1) that you are 13 years of age or older; (2) that you are the owner of all content you submit or are making your posting or submission with the express consent of the owner; (3) that the content you post or submit will not violate or infringe on the rights of others; (4) that the information and content you post or submit will not violate the rights of, or cause injury to, any person or entity; and (5) that you will indemnify and hold harmless us and our directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any information or content that is displayed on or submitted via the site by you or by others using your username and password.

You alone are responsible for the information and content you post or submit to The Bay Citizen. We do not control the information or content that you or others may post or submit to or otherwise transmit through the site. You are responsible for creating backup copies of any information or content you submit or post to our site. We will not be responsible for the deletion of, or the failure to store, display or transmit, any information or content submitted by you.  

You understand that we have no obligation to monitor any areas of the site through which users can supply information or content. However, we reserve the right, in our discretion, to screen user submissions and to edit, move, delete, and/or refuse to accept any submissions that in our judgment violate these Terms of Use or otherwise are unacceptable or inappropriate, whether for legal or other reasons.  

OUR RIGHTS TO USE AND DISCLOSE CONTENT YOU SUBMIT

By submitting or posting content to our site, you are not giving up any ownership rights you otherwise have in such content. However, you grant us the right to display that content on our website, and you grant us, and anyone authorized by us, a perpetual, unrestricted, sublicenseable, royalty-free, nonexclusive license to reproduce, display, perform, distribute, and create derivative works based on such content, in any manner and in any media, as we see fit. In other words, you can do whatever you want with the submitted content and so can we. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or username, as we deem appropriate. You will not receive any compensation of any kind for the use of any content submitted by you.

We may preserve content submitted by you, and may also disclose such content if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms of Use; (c) to respond to claims that any content submitted by you violate the rights of third parties; or (d) to protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees or representatives, our licensors, other users, and/or the public.

DONATIONS

The Bay Citizen is a non-profit news organization that relies on public support. Community contributions help fund our ongoing operational expenses: reporters' salaries, cameras and laptops, and everything else associated with producing quality journalism. The Bay Citizen is a Section 501(c)(3) public charity eligible to receive tax-deductible charitable contributions.

If you choose to make a donation via this website, you will be required to supply information, which may include your full name, email address, credit card information and the like. You agree to provide accurate, complete, and current information. You are financially responsible for all donations made using your credit card; we will not be liable for any loss that results from the unauthorized use of your credit card, either with or without your knowledge.

TRADEMARKS AND SERVICE MARKS

The Bay Citizen is a service mark of The Bay Area News Project. The names of other products and services referred to on the site may be the trademarks or service marks of their respective owners. You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to: 126 Post Street, 5th Floor, San Francisco, CA 94108, Attn: Lisa Frazier, or by email to info@baycitizen.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on this site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. The contact information provided in this paragraph is for suspected copyright infringement only; contact information for other matters is provided elsewhere in these Terms of Use or on the site. 

LINKS TO THIRD-PARTY SITES

Throughout our site, we may provide links and pointers to websites maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. We do not operate or control, and are not responsible for, the quality, accuracy, timeliness, reliability or any other aspect of products, services or information that third parties may provide on or through our site or on websites we link to.

DISCLAIMERS

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THIS SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THIS SITE OR ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR VIA THIS SITE IN TERMS OF ITS ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Your interactions with companies, organizations and/or individuals found on or through our site are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this site, or between a user and any third party, we are under no obligation to become involved, and we will not be responsible or liable for any claims or damages that may arise out of any such dispute.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR LIABILITY, IF ANY, WITH RESPECT TO ANY KIND OF LEGAL CLAIM ARISING OUT OF OR RELATED TO THIS SITE WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BYTHE LAW OF SUCH STATE.

INDEMNIFICATION

You agree to indemnify and hold harmless us and our directors, officers, managers, employees, shareholders, agents, representatives and licensors, against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of this site, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of these obligations.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between us and you with respect to your use of this website and supersede all previous and contemporaneous agreements and proposals, whether written or oral. This agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries. You may not assign this agreement to anyone.

This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. By using this site, you consent to the exclusive jurisdiction and venue of the state and federal courts in San Francisco County, California in all disputes arising out of or relating to this agreement or use of this website. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the site or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.

The Bay Citizen thanks our sponsors
The Bay Citizen
2130 Center St., Suite 103
Berkeley, CA 94704