Terms of Use

Effective December 1, 2018

Welcome to Voice of San Diego, a news, information and communication service available on the internet at https://www.voiceofsandiego.org/ (the “Site”).

This page describes the terms and conditions that govern your use of the Site, offered by Voice of San Diego (“VOSD”, “us” or “we”). For information on how VOSD collects, uses and shares any personal information, please see our Privacy Policy.

GENERAL RULES AND DEFINITIONS

By accessing and using the Site or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by VOSD from time to time in its sole discretion. VOSD will post a notice on the Site any time these Terms of Use have been changed or otherwise updated and may send notice to the e-mail address you provided with registration. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. Continuing to use the Site after the effective date means that you agree to be bound by the changes.

Definitions

Content is any information or content on the Site.

Copyright Agent is the person to contact (at info@voiceofsandiego.org) if you believe that VOSD or any User has infringed on a legitimate copyright in any material way.

Member is a User who donates a minimum of $35 per year to VOSD and receives donor benefits such as member email messages and free or discounted admission to events.

Privacy Policy is VOSD’s website privacy policy, which explains VOSD’s position on information gathering and how we intend to use and share any information we collect.

Registered User is a User who registers for a User ID to submit comments on the Site. A Registered User need not be a Subscriber.

Service is any services provided in connection with the Site.

Site is the voiceofsandiego.org website operated by VOSD.

Submission is any submission by a Registered User in any public message area on the Site.

Subscriber is a User who provides an email address and requests VOSD to send one or more newsletters to that email address.

User is any living individual who is using the Site or the Service.

User Content is any information you provide to VOSD or other Users in the registration process, in any public message area (including the forums area), or through an email feature.

Username is the screen identifier of a Registered User, Subscriber, or Member.

VOSD is Voice of San Diego, a member-based nonprofit investigative news organization based in San Diego, California.

Cost

At this time, there is no cost for using any part of the Site. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked.

Registration

Access to the majority of content, services and features on the Site may require users to register or become Registered Users of the Site. Please see our Privacy Policy for information on Site information gathering and how we intend to use and share any information we collect. If you become a User, Registered User, Subscriber, or Member of the Site, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site using your Username or account in whole or in part. VOSD reserves the right to terminate and deny access to the Site to any person who violates these Terms of Use. You agree to notify VOSD immediately of any unauthorized use of your account, Username, or password. VOSD shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by VOSD, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Copyrights and Trademarks

Material published on the Site, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content (collectively, “Content”), is copyrighted by VOSD, or by other information providers who have licensed their content for use on the Site. Additionally, the entire Content of the Site is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is VOSD.

VOSD and its logos are service marks or trademarks of VOSD, a California nonprofit public benefit corporation. For information regarding our content sharing policy, please see https://www.voiceofsandiego.org/content-sharing-policy/.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Username. The burden of proving that such Content does not violate any laws or third party rights rests solely with you.

You may, however, electronically store a reasonable portion of Content for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, 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.

These rules also apply:

  1. You will not in any way violate the intellectual property laws protecting the Content accessible through the Site. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the Content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of VOSD or others.
  2. You will comply with our Content Sharing Policy, available at https://www.voiceofsandiego.org/content-sharing-policy/
  3. You will cooperate promptly and completely with any reasonable request by VOSD related to an investigation of infringement of copyright or other proprietary right.

To obtain permission to reuse or republish any material copyrighted by VOSD, please contact info@voiceofsandiego.org. For permission to reuse or republish VOSD copyrighted material in printed formats, contact info@voiceofsandiego.org. VOSD cannot grant permission to reuse or republish material from other information providers. Please contact them directly.

User Content is any information you provide to us or other Users in the registration or subscription process, in any public message area (including the forums area) or through any email feature. You are solely responsible for User Content, and we act as a passive conduit for your online distribution and publication of User Content. User Content must conform to the guidelines set forth under Online Conduct below. VOSD reserves the right to remove any material that it believes may violate these Terms or Use, or any copyright or third-party rights.

If you believe that VOSD or any user the Site has infringed your copyright in any material way, please notify our Copyright Agent and provide the following information:

  1. An identification of the copyrighted work that you claim has been infringed.
  2. An identification of the material on the Site that you claim is infringing or is subject to infringing activity, with enough detail so that we can 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 the copyright interest involved.
  6. Your physical or electronic signature.

The Copyright Agent for Voice of San Diego can be reached by emailing info@voiceofsandiego.org. Voice of San Diego and its logos are registered service marks or trademarks.

Submissions

By submitting any User Content to any public message area on the Site (“Submissions”), you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses, and you automatically grant VOSD a non-exclusive, royalty-free, worldwide, perpetual, 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, without any payment to you, in any type of media or in any form now known or later developed. 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 VOSD uses such content.

Online Conduct

VOSD encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a User that infringes on another User’s right to use and enjoy the Site is prohibited. VOSD reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Use. Without limitation, VOSD reserves the right to suspend or terminate your access to and use of the Site, and to delete, move or edit Submissions if, in our view, your conduct fails to meet any of the following guidelines or is otherwise unacceptable:

  1. You shall not provide any information that is false, misleading or inaccurate.
  2. You shall not use any portion of the Site for any unlawful purpose and will comply with all applicable domestic and international laws, statutes, ordinances and regulations.
  3. You shall not use any portion of the Site for uploading, posting, e-mailing, transmitting or otherwise making available Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Only the owner or a representative designated by the owner may upload copyrighted material to the Site.
  4. You shall not use any portion of the Site for uploading, posting, emailing, transmitting or otherwise making available Content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  5. You shall not use any portion of the Site for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
  6. You shall not attempt to interfere with any other person’s use of the Site.
  7. You shall not misrepresent your identity nor impersonate any person.
  8. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with VOSD.
  9. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by VOSD in connection with the Site.

To register a complaint about another User’s conduct, please email info@voiceofsandiego.org or write to VOSD, 110 W A Street, Suite 650, San Diego, CA 92101.

Privacy Rights

VOSD takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. A complete statement of VOSD’s current Privacy Policy can be found by clicking here. VOSD’s Privacy Policy is expressly incorporated into this agreement by this reference. Your use of the Site or Services signifies acknowledgment of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on the Site are provided by third parties and have their own policies about using personal information. You should contact these third parties directly for their policies.

International Users

You acknowledge and agree that due to the international dimension of our company, we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties that may be outside your resident jurisdiction. VOSD stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way, please do not use our Site or Services.

Children’s Use of Voice of San Diego

Voice of San Diego is particularly concerned with providing a safe online environment for children. We do not knowingly collect data from children under 13 years of age. If you become aware of any data we have collected from children under age 13, please contact us at info@voiceofsandiego.org.

Other services and information providers accessible through the Site have their own policies about children’s privacy, and you should contact them directly for their policies.

Disclaimer

While VOSD strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does VOSD guarantee or warrant that any files available for downloading will be free of defects. 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 the Site and the accuracy and completeness of any information is with the User. Likewise, VOSD does not warrant that our service will be uninterrupted or error-free.

Opinions, advice and all other information expressed on the Site bulletin boards represent the individual’s own views and not necessarily those of VOSD. VOSD does not endorse and is not responsible for statements, advice, and opinions made by anyone other than authorized VOSD spokespeople.

Any investment decisions or other actions that users take based on information available on the Site should first be reviewed by a competent financial adviser or other professional.

THE SITE AND THE SERVICES ARE 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 WEBSITE OR RESOURCE).

VOSD’S liability to you is limited. To the maximum extent permitted by law, in no event shall VOSD be liable for damages of any kind, including but not limited to (i) any special, incidental, consequential, or indirect damages of any kind (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of or in connection with the use of or inability to use the Site, or any information or services provided on the Site, even if VOSD has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on the Site.

Indemnification

You agree to indemnify, defend and hold VOSD, its affiliates, officers, directors, employees, consultants, agents and representatives harmless from and against any and all third-party liability, loss, claims, damages, costs and/or actions (including reasonable attorney fees and costs) based on or arising from your access to the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. VOSD will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending such claim, loss, liability, or demand. We reserve the right to defend any such claim, loss, liability, or demand, and you agree to provide us with such reasonable cooperation and information as we may request.

Jurisdiction

This agreement between VOSD and its Users will be governed and interpreted under the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California in any and all disputes arising out of or related to the use of the Site or the Service. In the event that any provision of this agreement 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.

Termination

Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your use of the Service and/or the Site, or to block or prevent future access to and use of the Site. To ensure that VOSD provides a high-quality experience for you and for other users of the Site and the Service, you agree that VOSD or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. VOSD does not intend to disclose the existence or occurrence of such an investigation unless required by law, but VOSD reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if VOSD believes that you have violated any of the Terms of Use, furnished VOSD with false or misleading information, or interfered with use of the Site or the Service by others.

Severability; Waiver

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by VOSD or by any third party.

California Use Only

The Site is controlled and operated by VOSD from its offices in the State of California. VOSD makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as VOSD’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Modifications

VOSD may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. VOSD shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revisions.

Offices

VOSD offices are located at 110 West A St. Suite 650, San Diego, CA 92101; (619) 325-0525.

Questions and Comments About the Site

We hope you enjoy using the SIte. Questions and comments about the content of the Site may be submitted in e-mail to VOSD at info@voiceofsandiego.org. We 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 provider. VOSD cannot address questions except those specifically about content and services that we provide.

Acknowledgement

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.