Terms of Service

TERMS OF SERVICE

Effective Date: March 2021

WELCOME

Welcome to Turlockcitynews.com®, a news, information and communication service available on the Internet’s World Wide Web and through other digital means, such as mobile apps, e-editions, and other digital formats, whether known or later developed. The service combines much of Turlock City News with additional material available only on Turlockcitynews.com

1. YOUR AGREEMENT WITH Turlockcitynews.com

You understand and agree that, by visiting, accessing or using turlockcitynews.com you are accepting, without modification, these Terms of Service. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of turlockcitynews.com. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use turlockcitynews.com with the consent of a parent or legal guardian.

These Terms of Service include Turlockcitynews, Privacy Policy which is incorporated into these Terms of Service by reference and together with the Terms of Service governs your visit to, access of, and use of turlockcitynews.com: The Privacy Policy explains turlockcitynews.com’s position on information gathering and how it intends to use and share any information it collects. Read the Privacy Policy carefully as you are agreeing to it when you agree to these Terms of Service.

2. REVISIONS TO TERMS OF SERVICE

These Terms of Service are subject to revision from time to time by turlockcitynews.com and your continued use of turlockcitynews.com means you agree to, without modification, the revised Terms of Service.

3. COST

From time to time, and at turlockcitynews.com sole discretion, there may be certain content available via subscription or surcharge, and you will be alerted when any such charges apply if you have not already subscribed or agreed to the charges. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible.

4. REGISTRATION

Access to some or all of the content, services and features on turlockcitynews.com may require users to register and become members of turlockcitynews.com. In most cases, a print subscription is not necessary to become a member; however access to certain special content, offers, services and features on turlockcitynews.com may require users to both subscribe to turlock city news and to register and become members of turlockcitynews.com.

5. YOUR USE OF turlockcitynews.com

5.1. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Material published on turlockcitynews.com and through turlockcitynews collaborative relationships with third-party websites or software, including articles, photos, Content Feeds, graphics, forum postings, audio and video clips, trademarks, service marks, and other content (“Content”), is copyrighted by turlockcitynews, or by other information providers who have licensed their content for use on turlockcitynews.com. Additionally, the entire Content of turlockcitynews.com is protected by copyright as a collective work owned by turlockcitynews.com. You may not reproduce, download, republish or redistribute Content or any portions thereof, including, without limitation, Content provided by licensors and others, including member-submitted content, without the written consent of the copyright owner.

5.2. LICENSE GRANT TO ACCESS Turlockcitynews.com

Subject to these Terms of Service, turlockcitynews.com grants you permission to access turlockcitynews.com and view the Content solely for your personal, non-commercial use. In addition to viewing Content online, you may electronically store a reasonable portion of any individual element of turlockcitynews.com Content (for example, a limited section of a text article) for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, or a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the Content or create a database using the Content, and you further agree that you will not download, store or archive individual image or video files as stand-alone files.

5.3. MEMBER-SUBMITTED CONTENT

Members and other users of turlockcitynews.com may be able, as dictated by the functionality of turlockcitynews.com.com, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on turlockcitynews.com (“Member Content”). You are solely responsible for Member Content that you submit, and turlockcitynews.com acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, turlockcitynews.com reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, or any copyright or third-party rights.

By submitting or otherwise making available any Member Content t0 turlockcitynews.com, you automatically grant turlockcitynews.com a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of turlockcitynews.com (collectively, “use”), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way turlockcitynews.com uses such content. You also grant turlockcitynews.com the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to turlockcitynews.com or to turlockcitynews.com for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to turlockcitynews.com that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

5.4.2. Reservation of Rights Except as expressly set forth in Section 5.4.1, and/or unless otherwise consented to in writing by turlockcitynews.com , you may not, directly or indirectly: (a) sell, modify, translate, download, copy, publish, transmit, distribute or otherwise disseminate the Content Feed(s); (b) delete or fail to display any promotional taglines included in the Content Feed(s); or (c) rent, lease, or otherwise transfer rights to any Content Feeds.

5.4.4. Warranty If you use the Content Feed services, you warrant that your Site does not infringe the intellectual property of any third parties. You further warrant that your Site violates no applicable law.

6. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

Turlockcitynews.com respects the copyrights of others and expects its users to do the same. We will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.

If you believe that turlockcitynews.com or any user of turlockcitynews.com has infringed your copyright, please notify our Copyright Agent and provide the following information.

  1. An identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  2. An identification of the material on turlockcitynews.com that you claim is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including without limitation the URL of the material) to allow us to locate the material on our site.
  3. Your name, address, telephone number and e-mail address.
  4. 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.
  5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive copyright interest involved.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1. DISCLAIMER

While turlockcitynews.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does turlockcitynews.com warrant or guarantee that any files available for downloading will be free of defects. Neither turlockcitynews.com nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in turlockcitynews.com

The content, services, and features of turlockcitynews.com are subject to change without notice. The inclusion of any content, services, and features on turlockcitynews.com at a particular time does not imply or warrant that these products or services will be available at any time.

While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of turlockcitynews.com and the accuracy and completeness of any information is with you.

Opinions, advice and all other information expressed on turlockcitynews.com forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual’s own views and are not necessarily those of turlockcitynews.com does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized turlockcitynews.com spokespersons.

Any investment decisions or other actions that users take based on information available on turlockcitynews.com or in its mobile apps should first be reviewed by a competent financial adviser or other professional. THE turlockcitynews.com SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).

8.2. LIMITATION OF LIABILITY

In no event will turlockcitynews.com or their parents or affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to useturlockcitynews.com, or any information or services provided on turlockcitynews.com or in its mobile apps, even if turlockcitynews.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on turlockcitynews.com or in its mobile apps. IN NO EVENT WILL turlockcitynews.com OR THEIR PARENTS’ OR AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. INDEMNITY

You will defend, indemnify, and hold harmless turlockcitynews.com, David Fransen, and their parents and affiliates from: (i) your use of and access of turlockcitynews.com; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of turlockcitynews.com

10. MISCELLANEOUS

10.1. TERMINATION

We may terminate these Terms of Service, your account, or your access to turlockcitynews.com at any time with or without notice to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of turlockcitynews.com and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.

10.2. JURISDICTION

This agreement between turlockcitynews.com and its users will be governed and interpreted under the laws of the state of California. Courts located in Stanislaus County, California have jurisdiction in any dispute arising from these Terms of Service.

In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

10.3. DISPUTE RESOLUTION AND ARBITRATION

You and turlockcitynews.com agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service, turlockcitynews.com, any subscription to turlockcitynews.com or any other aspect of our relationship Subject Legal Claim.

In an attempt to find the quickest and most efficient resolution of our issues, you and turlockcitynews.com agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: turlock@turlockcitynews.com. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.

After speaking with Turlock City news directly. If the dispute is unable to be fixed then you agree to arbitration in the resolution of any legal dispute.

10.4. SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

10.5. COMPLETE AGREEMENT

These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.

10.6. FORCE MAJEURE

Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.

10.7. VOID WHERE PROHIBITED BY LAW

These Terms of Service are void where prohibited by law, and the right to access turlockcitynews.com is revoked in such jurisdictions.

10.8. INDEPENDENT CONTRACTORS

The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.

11. ONGOING SUBSCRIPTION AND CANCELLATION

If you have subscribed to the turlockcitynews.com, your subscription will continue in effect after your initial subscription term unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to our Terms of Service. You must cancel your subscription before it renews in order to avoid any additional charges. We will bill the entire subscription term amount, plus any applicable fees or taxes, at the beginning of each subscription term. Any cancelation will take effect at the end of the then-current subscription term. We do not provide pro-rata refunds, even if you cancel your subscription early. Your subscriber benefits will remain available to you until termination takes effect. You can cancel your subscription by calling 209-678-5304 or visit our about page.

12. QUESTIONS AND COMMENTS ABOUT Turlockcitynews.com

Questions and comments about the content of Turlockcitynews.com may be sent by e-mail to turlock@turlockcitynews.com. We try to read all comments sent to us and try to respond to as many as possible. Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. Turlockcitynews.com cannot address questions except those specifically about content and services we provide.

Additional

You agree that by accessing the Site,

you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These terms and conditions were generated by Termly’s Terms and Conditions Generator.

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

[(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]

(3) you have the legal capacity and you agree to comply with these Terms and Conditions;

[(4) you are not under the age of 13;]

(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];