Terms of Use
Last Updated: November 12, 2009
Welcome to Sac For Tourists.
Acceptance of Terms
The following are the rules or “Terms” that govern your use of sacfortourists.com (referred to in this document as the “Website”), and constitute a legal agreement between you and SacForTourists. By using or visiting the Website, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Website. If you do not agree to these Terms, please do not use the Website and exit immediately. SacForTourists reserves the right to change these Terms at any time, effective immediately upon posting on the Website.
User Postings to the Website
Opportunities exist for individuals and organizations to post information on the Website. You acknowledge that the third-party Postings do not necessarily represent the view or opinions of Sac For Tourists. Sac For Tourists does not assume any responsibility for the consequences of Postings on or any communications or results arising from use of the Website. Sac For Tourists does not represent or guarantee the truthfulness, accuracy, or reliability of any Postings posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON POSTINGS ON THIS WEBSITE IS AT YOUR OWN RISK.
If notified of Postings that allegedly do not conform to these Terms, Sac For Tourists may determine in its sole discretion to remove the Posting. Sac For Tourists reserves the right to remove Postings that are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms. Sac For Tourists reserves the right (but is not obligated) to edit or delete any Postings posted on the Website, regardless of whether such Postings violate these standards for Postings.
Sac For Tourists reserves the right (but is not obligated) to monitor, edit, disclose, or record any type of Postings for adherence to these Terms. Sac For Tourists may exercise these rights if required, in the course of normal operations and maintenance of the Sac For Tourists Website, or by law or in the good faith belief that such action is necessary to (i) comply with the law or with legal process served; (ii) protect and defend the rights of Sac For Tourists or others; or (iii) act in an emergency to protect the personal safety of our users or the public. Personal information may be disclosed to legal authorities if we believe in good faith that such action is necessary to comply with the law or to protect the personal safety or property of our users or the public. Sac For Tourists HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
You are solely responsible for your own Postings and the consequences of posting those Postings. You acknowledge that you have no expectation of privacy in anything you submit to the Website.
Release
The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Website. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Website is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from using the Website. You understand that all “Content” posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such Content originated. You understand that the Website does not control, and is not responsible for Content available on the Website. You agree that the Website does not pre-screen, monitor or approve any Content, but that the Website shall have the right, but not the obligation to remove, refuse, edit or delete any Content for any reason whatsoever. The Website shall not be responsible for any interaction between you and the other users of the Website. Your dealings with others through the Website are solely between you and such other parties. Under no circumstances will the Website be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties.
You agree that our service is a venue for posters and users of the Website. In the event that you have a dispute with any user of the Website, you agree that the Website is under no obligation to become involved. You further agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.
Right to Remove Content or Block Access
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including messages, e-mails, or postings that violates these Prohibited Actions rules, according to our sole interpretation. Sac For Tourists may also remove all other content by such user, disable the users account, and otherwise prevent that user from using our services. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law. You agree not to hold the Website liable for such termination. You agree not to attempt to use the Website after termination.
Prohibited Actions
By using the Website, you agree not to do any of the following:
- Post, distribute, upload, transmit or otherwise make available material which infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including copyright, trademark, patent, trade secret, confidential information or intellectual property rights of others; or other proprietary rights or rights of publicity or privacy of third parties;
- Post, distribute, upload, or otherwise make available or transmit material that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be considered to be stalking; (b) bigoted, hateful, racially offensive, or personal attacks of any kind; (c) vulgar (e.g., profanities and expletives), obscene, or sexually explicit or pornographic (language or images); (d) that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or (e) that gives rise to civil liability or otherwise violates any applicable local, state, provincial, national, or international law or regulation;
- Post, distribute, upload, transmit, or otherwise make available any executable programming of any kind, such as viruses, bots, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever;
- Post, distribute, upload, transmit, or otherwise make available or engage in “junk mail,” “chain letters,” unsolicited mass mailing or advertising emailing (“spamming”); “flaming,” “flooding,” “trolling,” or “griefing,” as those terms are commonly understood on the Internet; sending mail, e-mail, voice messages or faxes for solicitation of any other product, service to a user of the Website unless the user has granted permission in their ad or otherwise allowing contact for solicitation.
- Identifiably impersonate another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using another individual’s account to post, with or without that individual’s knowledge, or allow another person to use your identification to post or view comments or solicit passwords or personal identifying information from other users;
- Post, distribute, upload, transmit, or otherwise make available (a) direct links to or descriptions of goods and services that are prohibited under these Terms, (b) content that is untrue, inaccurate, deliberately misleading, or trade libelous, (c) encrypted content or content that can be demonstrated to contain encoded messages, and/or (d) content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Website; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Website, its content or information available from the Website without the express written consent of agents of the Website;
- Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
Any violation of these Terms may result in the termination of your right to use Sac For Tourists Website without notice.
Offline Conduct
Although Sac For Tourists cannot monitor the conduct of its users off the Website, it is also a violation of these Terms to use any information obtained from this Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without that user’s prior explicit consent.
Privacy
We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. This policy applies to all personal information you supply to Sac For Tourists on the Website, including in your registration form, when providing contact information to receive information from Sac For Tourists, or for an event registration fee or donation. Contributions that you provide for posting on the Website, by e-mail, or otherwise, however, are nonconfidential and nonproprietary to you.
Links to Third Parties and Search Results
The Website may automatically produce search results that reference or link to third-party sites throughout the Internet. Sac For Tourists has no control over these sites or the content within them. Sac For Tourists cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. Sac For Tourists does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you may not make any claim against Sac For Tourists for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site. If you have a problem with a link from the Website, please notify us at nickam@newsreview.com and we may review your claim and take any actions we deem appropriate in our sole discretion.
No Warranty
Your use of, browsing of, and reliance on any information presented on this Website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, AND OTHER PARTNERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, AND OTHER PARTNERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. News & Review DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. News & Review MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE’S CONTRIBUTIONS, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THIS SITE OR News & Review’S SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation on Liability
Sac For Tourists does not assume any liability for the content of any material provided on this Website. Sac For Tourists assumes no liability in the event that legal action is taken against you by a third party as a result of content you publish on our Website, whether for copyright infringement or any other illegal activity related to your content. IN NO EVENT SHALL Sac For Tourists OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES, AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN EXCESS OF $25 PER USER RESULTING FROM THE USE OR INABILITY TO USE Sac For Tourists’ WEBSITE OR THE CONTRIBUTIONS ON THIS WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sac For Tourists IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If your use of this Website results in the need for servicing or replacing property, material, equipment, or data, Sac For Tourists is not responsible for those costs. No agent or representative of Sac For Tourists has the authority to create any warranty regarding this Website on behalf of Sac For Tourists.
Sac For Tourists assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website. Sac For Tourists is not liable for any lost data resulting from the operation of our Website and/or the enforcement of the Terms. We urge all users to maintain their own backup versions of any Contributions they provide for submission to the Website. Sac For Tourists disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Website or otherwise related to your use of the Website and/or Sac For Tourists services. Sac For Tourists is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of users and/or advertisers or sponsors, referenced on or included in the Website to Sac For Tourists at nickam@newsreview.com. Sac For Tourists may review your claim and take any actions it deems appropriate, in its sole discretion.
Indemnity
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You agree to indemnify, defend, and hold harmless Sac For Tourists and any affiliated company or individual harmless from any and all loss, liability, damage, action, claim, demand, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to (i) any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users; (ii) your use of, or inability to use, the Website; (iii) your violation of any law or the rights of a third party including, without limitation, misappropriation of any intellectual property rights, privacy rights, or any other rights of any third party by you or any Contributions posted on your behalf; and (iv) any negligence, willful misconduct, or any breach of any warranty or covenant hereunder by you.
Release
In the event that you have a dispute with other users of the Website, you release Sac For Tourists (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination
You agree that Sac For Tourists may terminate your use of this Website, cancel your event registration fee or donation, remove your Contributions, and/or exercise any other remedy available to it, if Sac For Tourists reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Sac For Tourists or any third party, or for any reason with or without notice to you. You agree that Sac For Tourists may modify or discontinue any aspect or feature of this Website at any time, with or without notice to you. You agree that Sac For Tourists will not be liable to you or any third party as a result of such modification or discontinuation.
Additional Remedies
You agree that monetary damages may not provide a sufficient remedy to Sac For Tourists for your violation of these Terms, and, accordingly, you acknowledge and agree that Sac For Tourists is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Sac For Tourists under these Terms, at law or in equity. Sac For Tourists may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Sac For Tourists is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
General Provisions
These Terms are governed in all respects by the laws of the State of California. You expressly agree that exclusive jurisdiction for any dispute with Sac For Tourists, or in any way relating to your use of this Website or any Sac For Tourists services, resides in the state and federal courts located in Sacramento, California, and you consent to the exercise of personal jurisdiction in those courts in connection with any such dispute. If any provision of these Terms is held invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Terms or available to a party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. No term or condition of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of these Terms shall not be deemed a waiver of any prior or subsequent breach. Any cause of action you may have with respect to Sac For Tourists must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Sac For Tourists in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements (written or oral). The following provisions shall survive any termination or expiration of these Terms: “User Contributions to the Website,” “Links to Third Parties and Search Results,” “No Warranty,” “Limitation on Liability,” “Indemnity,” “Termination,” “Additional Remedies,” and “General Provisions.”
Digital Millennium Copyright Act (“DMCA”) Notice
In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is nickam@newsreview.com.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
- 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 declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Please report any violations of these Terms to nickam@newsreview.com.
