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1. ACCEPTANCE
OF TERMS
Welcome to CalConnection.
CalConnection provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. In addition, when using particular
CalConnection services, you and CalConnection shall be subject to
any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION
OF SERVICE
CalConnection
currently provides users with access to information of small businesses
in California, including, services, coupons, menus, and reviews.
You also understand and agree that the Service may include advertisements
and that these advertisements are necessary for CalConnection to
provide the Service. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including
the release of new CalConnection properties, shall be subject to
the TOS. You understand and agree that the Service is provided "AS-IS"
and that CalConnection assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings.
You are responsible
for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to
access the Service.
Please be aware
that CalConnection has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of
age to access and view such areas.
3. CALCONNECTION
PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at http://privacy.CalConnection.com/,
or if you came from CalConnectionligans!, then see our CalConnectionligans!
privacy policy at http://www.CalConnectionligans.com/docs/privacy/.
4. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
5. CONTENT SUBMITTED
OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CalConnection
does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas
of the Service, you grant CalConnection the following world-wide,
royalty free and non-exclusive license(s), as applicable:
With respect
to Content you submit or make available for inclusion on publicly
accessible areas of CalConnection, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing
and promoting the specific CalConnection service to which such Content
was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or CalConnection removes
such Content from the Service.
With respect
to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than
CalConnection, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted
or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate
at the time you remove or CalConnection removes such Content from
the Service.
With respect
to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of
the Service other than CalConnection, the perpetual, irrevocable
and fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the CalConnection
network of properties that are intended by CalConnection to be available
to the general public. By way of example, publicly accessible areas
of the Service would include CalConnection Message Boards and portions
of CalConnection Clubs and CalConnection Groups that are open to
both members and visitors. However, publicly accessible areas of
the Service would not include portions of CalConnection Clubs and
CalConnection Groups that are limited to members, CalConnection
services intended for private communication such as CalConnection
Mail or CalConnection Messenger, or areas off of the CalConnection
network of properties such as portions of World Wide Web sites that
are accessible through CalConnection Webring but are not hosted
or served by CalConnection.
6. INDEMNITY
You agree to
indemnify and hold CalConnection, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
7. NO RESALE
OF SERVICE
You agree not
to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access
to the Service.
8. MODIFICATIONS
TO SERVICE
CalConnection
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that CalConnection shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
9. DEALINGS
WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. You agree that CalConnection shall not
be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
10. LINKS
The Service
may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because CalConnection has no control
over such sites and resources, you acknowledge and agree that CalConnection
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that CalConnection shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such
site or resource.
13. DISCLAIMER
OF WARRANTIES
- Your use
of the service is at your sole risk. The service is provided on
an "as is" and "as available" basis. Calconnection
expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
- Calconnection
makes no warranty that (i) the service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service
will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained
by you through the service will meet your expectations, and (v)
any errors in the software will be corrected.
- Any material
downloaded or otherwise obtained through the use of the service
is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of
data that results from the download of any such material.
- No advice
or information, whether oral or written, obtained by you from
calconnection or through or from the service shall create any
warranty not expressly stated in the tos.
14. LIMITATION
OF LIABILITY
You expressly
understand and agree that calconnection shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if calconnection
has been advised of the possibility of such damages), resulting
from: (i) the use or the inability to use the service; (ii) the
cost of procurement of substitute goods and services resulting from
any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the
service; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
19. EXCLUSIONS
AND LIMITATIONS
Some jurisdictions
do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of sections 17 and 18
may not apply to you.
20. NOTICE
Notices to you
may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. TRADEMARK
INFORMATION
CalConnection,
CalConnection logos and product and service names are trademarks
of CalConnection Inc. (the "CalConnection Marks"). Without
CalConnection's prior permission, you agree not to display or use
in any manner, the CalConnection Marks.
23. COPYRIGHTS
and COPYRIGHT AGENTS
CalConnection
respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide CalConnection's
Copyright Agent the following information:
- an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
- a description
of the copyrighted work or other intellectual property that you
claim has been infringed;
- a description
of where the material that you claim is infringing is located
on the site;
- your address,
telephone number, and email address;
- a statement
by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a statement
by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
CalConnection's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
9555 Reseda Blvd. Suite 204
Northridge, CA 91325
By phone: 818-667-0707
By email: copyright@CalConnection.com
24. GENERAL
INFORMATION
The TOS constitute
the entire agreement between you and CalConnection and govern your
use of the Service, superceding any prior agreements between you
and CalConnection. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, or third-party
content. The TOS and the relationship between you and CalConnection
shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and CalConnection
agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Los Angeles, California. The
failure of CalConnection to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section
titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report
any violations of the TOS to our Customer Care group.
tos@calconnection.com
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