Acceptance of Terms
This "Terms of Use" Agreement sets forth the standards of use of the Mendocino Coast Transition Towns Online Service. By using Mendocino Coast Transition Towns website you (the User) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Mendocino Coast Transition Towns website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Content
You understand that you are solely responsible for all postings, messages, text, files, images, photos, video, sounds, or other materials posted to, transmitted through, or linked from our services. Mendocino Coast Transition Towns does not pre-screen, control, or approve content. We are not responsible for content made available through our services. By using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Mendocino Coast Transition Towns shall have the right, but not the obligation, to refuse, delete or move any content that is available via the services for any other reason.
Infringement
You understand Mendocino Coast Transition Towns is not responsible for any content posted to your site. 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, contact the postee using the information found postee's information tab.
Privacy
Mendocino Coast Transition Towns has established a Privacy Policy explaining how information is collected and used.
Refer to http://www.transitionmendocinocoast.org/legal/privacy-policy.jsf
for more information.
Your use of our services indicates that you agree with our Privacy Policy and that Mendocino Coast Transition Towns may,
choose to preserve or disclose your content and information, such as email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable to comply with legal process,
enforce the "Terms of Use", respond to claims that any content violates the rights of third-parties (including
claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their
consent or as a form of harassment), and to protect the rights and safety of Mendocino Coast Transition Towns, its users or the general public.
Conduct
You agree NOT to post, email, or otherwise make available anything that:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way.
- is pornography whatsoever.
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, family status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).
- violates federal, state, or local equal employment opportunity laws.
- violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- includes personal or identifying information about another person without that person's explicit consent.
- is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
- constitutes or contains any form of advertising or solicitation if: posted in areas of the Mendocino Coast Transition Towns sites which are not designated for such purposes; or emailed to Mendocino Coast Transition Towns users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
- advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: prohibited items
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to our services, or that otherwise negatively affects other users' ability to use our services.
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our services.
You also agree not to:
- any person or entity, or falsely states or otherwise mis-represents your affiliation with a person or entity.
- attempt to gain unauthorized access to Mendocino Coast Transition Towns's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our services or the Mendocino Coast Transition Towns website; or use any form of automated device or computer program that enables the submission of postings on Mendocino Coast Transition Towns without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our services - unless expressly permitted by Mendocino Coast Transition Towns;
- post non-local or otherwise irrelevant content.
- repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
Posting Agents
Posting Agents, third-party agents, services, or intermediaries who post content to our services on behalf of others are not allowed without express permission or license from Mendocino Coast Transition Towns.
No Spam Policy
Any unauthorized use of Mendocino Coast Transition Towns computer systems is a violation of out "Terms of Use" and violate the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.
Limitations of Service
Mendocino Coast Transition Towns establishes limits on our servicees. these incluce the maximum numver of day an ad will be displayed and content will be maintained The size of a posting and emails may also be limited. Mendocino Coast Transition Towns has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by our services. Mendocino Coast Transition Towns reserves the right at any time to modify or discontinue any and all of our sevices without notice. Mendocino Coast Transition Towns is not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
Access
Mendocino Coast Transition Towns grants you a limited, revocable, nonexclusive license to access our services for your own personal use.
This license does not include: (a) access to our services by Posting Agents; or (b) any collection, aggregation, copying, duplication,
display or derivative use of our services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for
any purpose unless expressly permitted by Mendocino Coast Transition Towns. A limited exception to (b) is provided to general purpose internet search engines
and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to our services,
provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply
with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that
specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals,
or which is in the business of providing classified ad listing services.
Mendocino Coast Transition Towns permits you to display on your website, or create a hyperlink on your website to, individual postings on our services
so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).
If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in
violation of the "Terms of Use", absent express permission granted by Mendocino Coast Transition Towns to do so. You may also create a hyperlink to the home page of
Mendocino Coast Transition Towns sites so long as the link does not portray Mendocino Coast Transition Towns, its employees, or its affiliates in a false, misleading, derogatory,
or otherwise offensive matter.
Mendocino Coast Transition Towns offers various parts of our services in RSS format so that users can embed individual feeds into a personal website or
blog, or view postings through third party software news aggregators. Mendocino Coast Transition Towns permits you to display, excerpt from, and link to
the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial
purposes only, (b) each title is correctly linked back to the original post on our services and redirects the user to the post when the user
clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Mendocino Coast Transition Towns' as the source, (d) your use or display
does not suggest that Mendocino Coast Transition Towns promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden Mendocino Coast Transition Towns's systems. Mendocino Coast Transition Towns reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
Use of our services beyond the scope of authorized access granted to you by Mendocino Coast Transition Towns immediately terminates said permission or license.
In order to collect, aggregate, copy, duplicate, display or make derivative use of the our services or any content made available via our services
for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Mendocino Coast Transition Towns.
Termination
You agree that Mendocino Coast Transition Towns, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of our services (or any part thereof), immediately and without notice, and remove and discard any content within our services, for any reason, including, without limitation, if Mendocino Coast Transition Towns believes that you have acted inconsistently with the letter or spirit of the "Terms of Use". Further, you agree that Mendocino Coast Transition Towns shall not be liable to you or any third-party for any termination of your access to our services. Further, you agree not to attempt to use our services after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the "Terms of Use".
Property Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. content displayed on or through
our services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited
without the express written consent of Mendocino Coast Transition Towns. You further agree not to reproduce, duplicate or copy content from the
Service without the express written consent of Mendocino Coast Transition Towns, and agree to abide by any and all copyright notices displayed on our services.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our services.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of our services. Mendocino Coast Transition Towns is a registered mark in the U.S. Patent and Trademark Office.
Although Mendocino Coast Transition Towns does not claim ownership of content that its users post, by posting content to any public area of our services,
you automatically grant, and you represent and warrant that you have the right to grant, to Mendocino Coast Transition Towns an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content 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 public area of our services, you automatically grant Mendocino Coast Transition Towns all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on our services by any party
for any purpose.
Disclaimer of Warranties
you agree that use of the Mendocino Coast Transition Towns site and the service is entirely at your own risk. the Mendocino Coast Transition Towns site and the service 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, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, Mendocino Coast Transition Towns disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Mendocino Coast Transition Towns site and the service. to the fullest extent permitted by law, Mendocino Coast Transition Towns disclaims any warranties for other services or goods received through or advertised on the Mendocino Coast Transition Towns site or the sites or service, or accessed through any links on the Mendocino Coast Transition Towns site. to the fullest extent permitted by law, Mendocino Coast Transition Towns disclaims any warranties for viruses or other harmful components in connection with the Mendocino Coast Transition Towns site or the service. some jurisdictions do not allow the disclaimer of implied warranties. in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limited Liability
Mendocino Coast Transition Towns makes no warranties or representations whatsoever and is not liable for any damages resulting from any aspect of your use of Mendocino Coast Transition Towns services. Mendocino Coast Transition Towns is NOT liable for damages from use or misuse of our service, from inability to use our services, or the interruption, suspension, modification, alteration, or termination of our services, or from any damages caused by third parties connected or affiliated with Mendocino Coast Transition Towns.
Indemnification
User agrees to indemnify and hold Mendocino Coast Transition Towns, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of User's use of our services, the violation of this Agreement, or infringement by User, or other User of our services using User's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Mendocino Coast Transition Towns reserves the right to modify or discontinue our services with or without notice to the User. Mendocino Coast Transition Towns shall not be liable to User or any third party should Mendocino Coast Transition Towns exercise its right to modify or discontinue our services. Uer acknowledges and accepts that Mendocino Coast Transition Towns does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the "Terms of Use" and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.
Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this "Terms of Use", without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.
Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use our services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Mendocino Coast Transition Towns, with all rights reserved, or is the property of Mendocino Coast Transition Towns and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Mendocino Coast Transition Towns is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Mendocino Coast Transition Towns.
"Mendocino Coast Transition Towns" is a proprietary mark of Mendocino Coast Transition Towns. Mendocino Coast Transition Towns' trademarks may not be used in connection with any product or service that is not provided by Mendocino Coast Transition Towns, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mendocino Coast Transition Towns.
All other trademarks displayed on Mendocino Coast Transition Towns' website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Mendocino Coast Transition Towns.
Other Terms
If any provision of this "Terms of Use" Agreement shall be unlawful, void or un-enforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this "Terms of Use" Agreement and any other agreements referenced herein may be assigned by Mendocino Coast Transition Towns, in our sole discretion, to a third party in the event of a merger or acquisition. This "Terms of Use" Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this "Terms of Use" Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.