1.1 If you choose to use the NorthBayBusinessJournal.com Web site and Mobile services ("the Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and NorthBayBusinessJournal.com, an Internet service of Sonoma Media Investments.
1.2 NorthBayBusinessJournal.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 If any of these rules or any future changes are unacceptable to you, you may send E-mail to info@NorthBayBusinessJournal.com (See Section 10.1 regarding termination of service). Your continued use of the service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.
1.4 You understand and acknowledge that your use of the Service from a terminal such as a personal computer or a mobile device is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery. For additional questions on the mobile messaging services contact info@NorthBayBusinessJournal.com
1.5 NorthBayBusinessJournal.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. NorthBayBusinessJournal.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2.1 The contents of the NorthBayBusinessJournal.com Internet service are intended for your personal, noncommercial use. All materials published on NorthBayBusinessJournal.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by The Press Democrat, NorthBayBusinessJournal.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from NorthBayBusinessJournal.com or the copyright holder identified in the copyright notice contained in the Content. 2.4 Certain Content is furnished by the Associated Press and Reuters, and NorthBayBusinessJournal.com will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
3.1 You shall not upload to, or distribute or otherwise publish on story comments, chat rooms or message boards any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.2 (a) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3.2 (b) Use respectful language. Like any community, NorthBayBusinessJournal.com story comments, chats and message boards flourish only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. NorthBayBusinessJournal.com encourages active discussions in our story comments, chats and message boards. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.3 Our story comments, chat rooms and message boards shall be used only in a noncommercial manner. You shall not, without the express approval of NorthBayBusinessJournal.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.4 You are solely responsible for the content of your messages. However, while NorthBayBusinessJournal.com does not and cannot review every message posted by you on the message boards and is not responsible for the content of these messages, NorthBayBusinessJournal.com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. NorthBayBusinessJournal.com also reserves the right, in its sole discretion, to disallow the use of a particular screen name, or to terminate any user's posting privileges at any time.
3.5 You agree that any submissions you make to the Service (e.g. Commentary, Photographs) may be edited, removed, modified, published, transmitted, displayed, or used in any other way by NorthBayBusinessJournal.com and its licensees in any and all media, whether now known or hereafter devised.
3.6 By submitting a review, you are consenting to its display, in connection with your screen name, on the site and for related online and offline promotional uses by NorthBayBusinessJournal.com and its licensees.
3.7 Any person involved in or affiliated with the production of a work reviewed on NorthBayBusinessJournal.com may not submit a review for that work or competing works.
4.1 NorthBayBusinessJournal.com contains links to other related World Wide Web Internet sites, resources, and sponsors of NorthBayBusinessJournal.com. Since NorthBayBusinessJournal.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Sonoma Media Investments and NorthBayBusinessJournal.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. NorthBayBusinessJournal.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Neither Sonoma Media Investments nor NorthBayBusinessJournal.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The service and all downloadable software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the service is at your sole risk.
6.1 As part of the registration process, you will select a password and a log in (your email address). You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a member log in of another person with the intent to impersonate that person; (ii) use a member log in which another person has rights without such person's authorization; or (iii) use a member log in that NorthBayBusinessJournal.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of NorthBayBusinessJournal.com.
6.2 (a) You shall notify info@NorthBayBusinessJournal.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 13 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and member log in with others, subject to Section 6.4.
6.4 You are responsible for all usage or activity on your NorthBayBusinessJournal.com account, including use of the account by any third party authorized by you to use your member log in and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NorthBayBusinessJournal.com's sole discretion, and NorthBayBusinessJournal.com may refer you to appropriate law enforcement agencies.
7.1 NorthBayBusinessJournal.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time NorthBayBusinessJournal.com requires a fee for portions of the Service that are now free (e.g., a subscription fee), NorthBayBusinessJournal.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by NorthBayBusinessJournal.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
8.2. NorthBayBusinessJournal.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service, in addition to messages from The Press Democrat.
8.4 NorthBayBusinessJournal.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by NorthBayBusinessJournal.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10.1 You may terminate your account at any time by sending e-mail to: info@NorthBayBusinessJournal.com. Upon termination, you will receive confirmation via e-mail that the request was received, and your access will be suspended within 72 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
10.2 NorthBayBusinessJournal.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
11.1 This Agreement has been made in and shall be construed and enforced in accordance with state and federal law. Any action to enforce this agreement shall be brought in the federal or state courts.
11.2 Notwithstanding any of the foregoing, nothing in this Member Agreement will serve to preempt the promises made in NorthBayBusinessJournal.com [www.NorthBayBusinessJournal.com/privacy].
11.3 Correspondence should be sent to info@NorthBayBusinessJournal.com.
11.4 You agree to report any copyright violations of the Member Agreement to NorthBayBusinessJournal.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in NorthBayBusinessJournal.com Web service, please notify info@NorthBayBusinessJournal.com. (You may use this e-mail address for general questions as well.)
12.1 NorthBayBusinessJournal.com does not charge you to use the mobile services. Charges for sending and receiving text messages may apply from your mobile phone company. Additional charges may apply from your mobile carrier to access internet data content. Please check your service plan with your mobile phone company to know the exact rate for sending and receiving a text message and accessing the mobile internet.