Our Terms of Use
Terms of Use
WELCOME TO SAN FRANCISCO ADVERTISER, INC. ("SAN FRANCISCO ADVERTISER") WEBSITE (THE "SITE"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.
Modification of the Site and Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect
of the Site, including, but not limited to, content, features, or hours of availability. We may also impose limits on
certain features of the Site or restrict your access to part, or the entire Site without notice or penalty. We may suspend
or terminate your account or your use of the Site at any time, for any reason or for no reason at all.
Registration and Security
By entering any information on the Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.
Content on the Site
All content: postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person and or business entity from whom such Content originated. Such person and or business entity ("You") are fully and exclusively responsible for each separate article ("Article") of content you post, email, or otherwise make available through the Site.
It is your responsibility to evaluate the Content on the Site. More specifically, you bear and accept all risks associated with the use of, reliance on, and or exposure to any Content on the Site. San Francisco Advertiser will under no circumstances be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of, reliance on, or exposure to any Content in any form that is posted, emailed or otherwise made available through the Site.
As outlined in Modifications of the Site and Services, we reserve the right, for any reason, in our sole discretion, to terminate, change, suspend of discontinue any Content, at any time or for no reason at all.
SPAM Policy
San Francisco Advertiser has a NO SPAM policy
External Links, Third Party Content, Sites, and Services
Our Site and the Content made available through our Site may contain links to other websites. These links are provided for your convenience. We do not endorse, represent, warranty, or take responsibility for the content, or for the accuracy of said content, of these websites. We will not be liable in any way for any loss or damage that you may suffer by using these websites. If you decide to access websites linked to the Site you do so at your own risk.
Your dealings with businesses, organizations, and or individuals found on or through the Site, including trades, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such businesses, organizations, and or individuals. It is your responsibility to investigate such businesses, organizations, and or individuals, as you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that San Francisco Advertiser and the Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that San Francisco Advertiser and the Site are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release San Francisco Advertiser, the Site, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Ownership of Materials on the Site
Proprietary Rights
Although San Francisco Advertiser does not claim ownership of content that its users post, by posting Content to any area of the Site whatsoever, you automatically grant, and you represent and warrant that you have the right to grant, to San Francisco Advertiser an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content (in whole or part) and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any area of the Site, you automatically grant San Francisco Advertiser all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
Without limitation of the foregoing, the Site is protected to the maximum extent permitted by copyright laws and international treaties and conventions. Unless otherwise stated in the Terms of Use, San Francisco Advertiser is the owner of all copyright, trademark, patent, database and other proprietary rights in the Site and its content. Accordingly, we own a copyright in the Site as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the Site. Except as expressly provided in these Terms of Use and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights.
You agree to abide by any and all copyright notices displayed on the Site. More specifically, you agree not publish, distribute, extract, re-utilize, reproduce, copy, duplicate, sell, and or resell for exploit for any commercial purposes any Content (in whole or part), aspect, and or part of the Site in any material form (including photocopying or storing it in any medium by electronic means), without the express written consent of San Francisco Advertiser or as permitted by the United States Copyright Act. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of San Francisco Advertiser.
Furthermore, you may not without the prior written permission of San Francisco Advertiser, Inc. use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.
Disclaimer of Warranties and Liability
YOU AGREE THAT USE OF THE SAN FRANCISCO ADVERTISER SITE IS ENTIRELY AT YOUR OWN RISK. THE SAN FRANCISCO ADVERTISER AND THE SITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, SAN FRANCISCO ADVERTISER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SAN FRANCISCO ADVERTISER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SAN FRANCISCO ADVERTISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SAN FRANCISCO ADVERTISER SITE OR THE SERVICE IT PROVIDES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SAN FRANCISCO ADVERTISER SITE, FROM INABILITY TO USE THE SAN FRANCICO ADVERTISER SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SAN FRANCISCO ADVERTISER SITE OR THE SERVICE IT PROVIDES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SAN FRANCISCO ADVERTISER SITE AND OR LINKS ON THE SAN FRANCISCO ADVERTISER SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SAN FRANCISCO ADVERTISER SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold San Francisco Advertiser, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Site, your use of the Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Miscellaneous
San Francisco Advertiser, Inc. Terms of Use ("Terms") constitute the entire use of the Site agreement between you and San Francisco Advertiser. This agreement supersedes any prior agreements between you and San Francisco, Inc. regarding the use of the Site, and governs your use of the Site. This agreement, the Terms therein, and your relationship with San Francisco Advertiser, shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and San Francisco Advertiser agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
You agree that if any term, provision, covenant or condition of the Terms or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. The failure of San Francisco Advertiser to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
User Comments, Feedback and Other Submissions
By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of San Francisco Advertiser and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.