Daily 49er Terms of Service: Posting Policy
April 27, 2010
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RULES OF CONDUCT
Your use of www.daily49er.com is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the website, or knowingly condone use of this website by others, in any manner that is, attempts to, or is likely to:
-Be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
-Misrepresent your identity or appear to impersonate anyone else;
-Duplicative or unsolicited messages, “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
-Claim yourself as sponsored by, endorsed by or affiliated with the Daily 49er or www.daily49er.com;
-Be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or Web pages;
-Transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware or other potentially harmful programs or other material or information;
-Forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
-Violate or encourages the violation of any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any infringement upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
-Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the website or the rights, use and enjoyment of the website by any other person, firm or enterprise;
The Daily 49er’s website has a distinctive commenting system that balances community and editorial moderation, which is designed to foster civil debate among commenters. Every comment on the website has a “Flag” button. When clicked, the comment shows up in an administration panel of the site, and will be reviewed for possible deletion. Our editors can see the comment, and they can decide whether to allow or remove the comment.
Postings do not reflect the views of the Daily 49er. We reserve the right to monitor any Postings. The Daily 49er does not monitor comments based on political or religious ideologies. However, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time without prior notification, and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
(a) refuse to allow you to Post;
(b) remove and delete Postings*;
(c) revoke your right to use www.daily49er.com; and/or
(d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
*It should be made clear that the Daily 49er does not edit Postings, but only removes them, if necessary, in full.
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities and may provide you with the opportunity to submit, post, display, transmit and/or exchange:
(a) information, ideas, opinions, messages or other information (“Post” or “Postings”); and
(b) User Content, which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement.
You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, e-mail, transmit or otherwise make available via www.daily49er.com.
If a Posting originates from you or your account, you hereby agree that:
(a) By submitting a comment, the user agrees to allow the Daily 49er to print the username and comment in the newspaper and elsewhere, in that you specifically authorize the website, MTVU, the Daily 49er and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature.
(b) you represent and warrant that:
(i) the Posting is original to you and/or fully cleared for use as contemplated herein,
(ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement,
(iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation,
(iv) the Posting is not obscene or in any other manner unlawful,
(v) the Posting shall not be injurious to the health of any user, and
(vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that:
(i) you have the right to grant the website, MTVU, the Daily 49er and their Affiliates the right to use all such Postings as described above,
(ii) the Posting was produced in compliance with all applicable laws and regulations; and
(d) Comments containing questionable links to another website that violates or may violate any of the above Posting agreements or Rules of Conduct will also be removed.
You understand, acknowledge and agree that we have the right to delete your Postings. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
WARNING: A VIOLATION OF THESE POSTING REGULATIONS AND RULES OF CONDUCT MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
The policies of www.daily49er.com are subject to change without notice.
If you believe that any content on the website, Postings included, violates any of the terms of this Agreement, please click here to send us a message. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.