www.SFFerryRiders.com (“THIS WEBSITE”) is an online blog created to allow San Francisco bay area ferry riders a place to share information. THIS WEBSITE is operated by Silver Mouse Productions Inc. (“SMP”) and maintained by San Francisco ferry riders and/or others.
This is a legal agreement (“AGREEMENT”) between you and SMP, and its agents or associated third parties, collectively referred to here as the WEB MASTER (“WEB MASTER”). Please read the AGREEMENT carefully before registering for THIS WEBSITE. By registering for THIS WEBSITE, you agree to be bound by the terms and conditions of this AGREEMENT (the “Terms”). If you do not agree to the Terms, you are not permitted to use THIS WEBSITE.
The Terms are subject to change by the WEB MASTER, at any time, without notice, effective upon posting of a link to same on our website. Persons who are under 14 years old may not register for/or post on THIS WEBSITE. By registering with THIS WEBSITE, you represent and warrant that you are at least 14 years old.
The WEB MASTER reserves the right to immediately suspend or terminate your registration, if any, with THIS WEBSITE, without notice, upon any breach of this AGREEMENT by you which is brought to the WEB MASTER’s attention.
Your registration with THIS WEBSITE is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity.
2. Online Conduct
You agree that:
You are solely responsible for the content or information you publish or display (hereinafter, “post”) on THIS WEBSITE.
You will NOT post on THIS WEBSITE any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use THIS WEBSITE in a manner consistent with any and all applicable laws and regulations. By posting information on THIS WEBSITE, you warrant and represent that the information is truthful and accurate.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law.
You will defend, indemnify, and hold harmless the WEB MASTER, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of THIS WEBSITE, including, but not limited to, any breach by you of the terms of this AGREEMENT.
4. Online Content
Opinions, advice, statements, offers, or other information or content made available through THIS WEBSITE are those of their respective authors and not of the WEB MASTER, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. The WEB MASTER does not guarantee the accuracy, completeness, or usefulness of any information on THIS WEBSITE and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will the WEB MASTER be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on THIS WEBSITE.
5. Removal of Information
By posting information on THIS WEBSITE, you understand and agree that the material may not be removed even at your request. You shall remain solely responsible for the content of your postings on THIS WEBSITE.
While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.
6. Proprietary Rights/Grant of Exclusive Rights
By posting information or content to any public area of www.SFFerryRiders.com, you automatically grant, and you represent and warrant that you have the right to grant, to the WEB MASTER an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
7. Information Supplied by You
The WEB MASTER will keep confidential all information supplied by you to the WEB MASTER, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Whereas you are legally entitled to publish your comments anonymously, at the discretion of the WEB MASTER, the personally identifying information of any user who is found to have posted numerous complaints about the same company and/or individual using different pseudonyms may lose the confidential protections afforded by this section. Further, the WEB MASTER will comply with court authorized requests for information when necessary.
8. Disclaimer of Warranty
The WEB MASTER provides THIS WEBSITE on an “as is” basis and grants no warranties of any kind, express, implied, statutory, in connection with THIS WEBSITE or in connection with any communication with the WEB MASTER or its representatives, or otherwise with respect to THIS WEBSITE. the WEB MASTER specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The WEB MASTER does not warrant that THIS WEBSITE’s connection to the internet will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in THIS WEBSITE will be corrected.
9. Limitation of Liability
In no event will the WEB MASTER be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use THIS WEBSITE, even if the WEB MASTER or its agents or representatives know or have been advised of the possibility of such damages or: (ii) to any person other than you. In addition, the WEB MASTER disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or “hackers”) of THIS WEBSITE.
10. State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
11. General Provisions
You agree that California law (regardless of conflicts of law principles) shall govern this AGREEMENT, that any dispute arising out of or relating to this AGREEMENT shall be subject to the exclusive venue of the federal and state courts in the State of California and the county of Marin California, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of California and the county of Marin California in connection with THIS WEBSITE or this AGREEMENT. The failure of the WEB MASTER to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of the WEB MASTER or You to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This AGREEMENT, accepted upon registering for THIS WEBSITE, contains the entire agreement between you and the WEB MASTER regarding the use of THIS WEBSITE. This AGREEMENT may only be amended upon notice by the WEB MASTER to you, or by a writing signed by you and an authorized official of the WEB MASTER. Unless otherwise explicitly stated, the Terms will survive termination of your registration with THIS WEBSITE. If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT shall continue in full force and effect.
12. Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement
We will terminate the privileges of any user who uses THIS WEBSITE to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to THIS WEBSITE, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.
If you believe that your copyright has been infringed through the use of THIS WEBSITE, please contact our Customer Service department at: editor@SFFerryRiders.com