- GENERAL RULES AND DEFINITIONS
1.1 By using the sdgln.com site, the sdgln mobile site, or any of the features of these sites, including but not limited to RSS, API, software, and other downloads (collectively, the “Services”), you agree to abide by and be bound by all of the terms and conditions of these Terms of Service which is between you and SDGLN. (“ San Diego Gay & Lesbian News”, “us” or “we”).
1.2 We may add, change or remove any portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service and by continuing to use this Site, you agree to any changes.
1.3 IF ANY OF THE RULES STATED HERE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY STOP USING THE SITE. YOUR CONTINUED USE OF THE SITE AND ITS SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 We may discontinue, suspend or change any aspects of the services at any time, including the availability of any Services feature, content, or database. We may also restrict your access to some or all parts of the Services, or impose limits on certain features and services without any notice or liability.
- CONTENT ON THE SERVICES
2.1 The contents of the Services, including all sites are intended only for personal, noncommercial use. All materials published on the Services (including but not limited to new articles, photographs, images, illustrations, audio clips, and video clips also known as “content”) are protected by copyright, and owned and controlled by SDGLN or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the services.
2.2 The Contents and Services are protected by copyright pursuant to US and international copyright laws. You may not publish, modify, transmit, reproduce (except the provisions provided in section 2.3 of these Terms of Service) participate in the transfer or sale of, distribute, create new works from, perform display or exploit in any way the content or the services (including software) in whole or in part.
2.3 For your personal use, you may download or copy the Content and other downloadable items displayed on the Services, provided that you maintain all copyright and other notices contained in it. Storing or copying this content for other than personal use is prohibited unless you have written permission from SDGLN Rights and Permissions Department, or from the copyright holder identified in the copyright notice contained in the content.
2.4 The Content of the Services is licensed to or owned by SDGLN.
- USER-GENERATED CONTENT INCLUDING COMMENTS, PHOTOS, AND MORE
3.1 You agree not to threaten or verbally abuse others using the Services, you will not use defamatory language, or deliberately disrupt discussions with repetitive or meaningless messages. You will not upload, distribute or publish on to the Services any kind of defamatory, obscene, pornographic, abusive or illegal material. You agree to be polite and respectful while submitting any user-generated content.
You agree not to use language that discriminates or abuses on the basis of race, religion, nationality, gender, sexual preference, age, disability, region, etc. Hate speech of any kind will not be tolerated by SDGLN and is considered grounds for immediate and permanent suspension to all or some part of the Services. You will always use respectful language while submitting and interacting with others on the Services and also while submitting user-generated content.
A community will always have people with different opinions and preferences and this leads to disagreements, you can debate but don’t attack. Active discussions and heated debates are encouraged by SDGLN, but personal attacks are a direct violation of these Terms of Service and are considered grounds for immediate and permanent suspension of access to all or parts of the Service. If your attack contains a threat of violence or may incite violence or unlawful behavior, we may report it and you to law enforcement.
You should not impersonate an SDGLN staff member or any other member using the same or similar screen name. Conflicts of interest in connection with your submissions must be disclosed (defined below)
3.2 You shall not distribute or publish any material containing any solicitation of funds, advertising or solicitation for goods or services without the express approval of SDGLN. You may only use the Services for non-commercial purposes.
3.3 You grant SDGLN a perpetual, royalty-free, worldwide, nonexclusive, sub-licensable license to the Submissions, which includes without limitation the right for SDGLN or any third party it designates to use, transmit, copy, publish, excerpt, publicly display, distribute, create derivative works of, publicly perform, index, host, cache, encode, tag, modify and adapt including without limitation the right to adapt to streaming, downloading, broadcast, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services through a third party.
3.4 You acknowledge that any submissions you made to the Services may also be included in SDGLN’s RSS feeds, APIs and made available for republishing through other mediums now known or hereafter devised. You understand and agree that the submissions you make to the Services, that is the user-generated content including but not limited to forum messages, comments, text, messages, reviews, video, photographs, audio, computer code, and applications may be edited, modified, removed, transmitted, published, and displayed by SDGLN and you waive any rights that you may have in having the material altered or changed in a manner not agreeable to you.
3.5 By making a Submission, you are consenting to all the above-mentioned terms and their display and publication on the site and in the Services and for related online and offline promotional uses.
3.6 SDGLN has the right to delete, move or edit Submissions that in its sole discretion, deems abusive, obscene, defamatory, or in violation of copyright or trademark laws, or otherwise unacceptable. You are solely responsible for the content of your Submissions. SDGLN does not and cannot review every Submission and is not responsible for the content of these Submissions.
3.7 There will be no compensation of any kind that is owed or paid to you or any third party with respect to any Submissions submitted or used.
3.8 By making a Submission, you acknowledge that we may take appropriate action if your comment threatens violence, may incite violence or unlawful behavior or is illegal. This action may include, among other actions, contacting law enforcement, conducting an investigation, cooperating with any resulting investigation, or providing information about your identity to law enforcement at their request, whether or not we are legally compelled to do so.
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 There will be links to other related World Wide Web Internet sites, resources, and advertisers posted on the Services. We are not responsible for the availability of these external resources, or its contents. Any concerns related to any external link should be directed to the site administrator or Webmaster of that site.
- REPRESENTATIONS AND WARRANTIES
5.1 THE SERVICES, ALL DOWNLOADABLE SOFTWARE, AND CONTENTS ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. SDGLN does not endorse or represent the accuracy and reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any information provider, user, or any other person or entity. Any reliance upon any such advice, statement, information, opinion or memorandum shall be at your sole risk.
5.2 You represent, warrant, and pledge (a) that you are at least thirteen years of age. and (b) that no submissions or other materials of any kind submitted through your account will (i) plagiarize, violate or infringe upon the rights of any third party including trademark, copyright, privacy or other personal or proprietary rights or (ii) contain illicit or libelous material. You hereby indemnify, defend and hold harmless SDGLN and all the officers, directors, owners, agents, affiliates, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in relation with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You are required to cooperate fully in the defense of any such claim. SDGLN reserves the authority and right at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- SOFTWARE LICENSES
6.1 You are provided no rights over the proprietary software and related documentation, or any enhancements or modifications provided to you in order to access the Services (“Software”), which are owned exclusively by SDGLN or its licensees. Licenses granted by the Sites are not for you to sublicense, assign or transfer and any such attempts shall be null and void. For archival purposes, you may make a single copy of such software. Distribution, modification, reverse engineering, copying, or creating derivative works from Software are not allowed.
7.1 These Terms of Service are made in accordance with Texas Law. The enforcement actions of the Terms of Service shall be bought in the federal or state courts located in Texas.
7.2 If you are certain that your work has been copied on one of the Sites in any way that accounts for copyright infringement, please provide us with the following listed information.
- A description of the copyrighted work that is claimed as infringed.
- A description of where this material is located on the Site.
- Your personal contact details like address, telephone number, and email address that is required to contact you.
- A signature, physical or electronic, of the person who is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- A statement made by you under the penalty of perjury that the information in your Notice is accurate and stating that you are the copyright owner or the one who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement by you that states that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.