1. ACCEPTANCE OF TERMS
EastBayRag.com ("Site") provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated from time
to time without notice to you. You can review the most current version of the
TOS at any time at: https://www.eastbayrag.com/comms/tos/tos.php. If you do not agree
to these terms, please leave the site immediately.
2. DESCRIPTION OF SITE
The Site contains material that presents the personal opinions of the Site owner
and other authors. Although the content in this Site may pertain to factual
events, the content on the site also includes opinions, jokes, parody, comments,
and heresay and should not be construed as factual. The Site and its Materials
are for entertainment purposes only.
Materials refers to any word, sound, image, file, link, data, or other representation contained in or generated by the Site. These Materials are protected by federal copyright laws. Ownership and copyrights to all Materials on the Site are retained by their respective creators.
3. COMMUNICATIONS ON THE SITE
The Site may, but is not obligated to, include the ability to post comments,
e-mail other individuals, participate in forums, or other means of communication.
The Site does not claim ownership of communication you submit. However, with
respect to communication you submit, you grant the Site world-wide, royalty
free and non-exclusive license to the communication. Additionally, all communication
is subject to editorial review and may be edited or deleted by the Site and
its agents at any time and without notice.
4. INDEMNIFICATION
You agree to indemnify and hold the Site, and its subsidiaries, affiliates,
officers, agents, partners, and authors, harmless from any claim or demand,
including reasonable attorneys' fees, arising from your use of the Site. This
includes, but is not limited to, claims made by any third party due to or arising
out of communication you submit, post, transmit or make available through the
Site.
5. DISCLAIMER OF WARRANTIES
you expressly understand and agree that your use of the site is at your sole
risk. the site is provided on an "as is" and "as available"
basis. the site expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
the site makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any products, sites, information, or other material purchased or obtained by you through the site will meet your expectations, and (v) any errors in the software will be corrected.
any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
6. LIMITATION OF LIABILITY
you expressly understand and agree that the site shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if the site has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the site;
(ii) the cost of procurement of substitute goods and sites resulting from any
goods, data, information or sites purchased or obtained or messages received
or transactions entered into through or from the site; (iii) unauthorized access
to or alteration of your transmissions or data; (iv) statements or conduct of
any third party on the site; or (v) any other matter relating to the site including,
but not limited to, loss of job income (whether real or imagined), emotional distress,
hurt feelings, paranoid delusions and being attacked by a rampant herd of wildebeest.
7. GOVERNING LAW
All questions concerning the construction, interpretation, and validity of this
TOS shall be governed by and construed in accordance with the domestic laws
of the State of California without giving effect to any choice, conflict of
law, provision or rule (whether in the State of California or any other Jurisdiction)
that would cause the application of the laws of any jurisdiction other than
the State of California.
8. USE OF COOKIES
Portions of this site use cookies. Cookies are used to record valid logons, for example to the Race Game or the
Family section of the photos. These cookies are set to stay active during your session. Closing your browser should delete the cookie
and require you to re-enter your credentials the next time the browser is opened. Most of the
cookies only record that you are a valid logon. Some of the cookies store your email address. By logging onto
components of the site that require a password, you agree to the cookie being placed on your system.
9. ENTIRE AGREEMENT
These terms and conditions (and any addenda or statements expressly incorporated
herein) constitute the entire agreement regarding this matter, and supersede
the provisions of any other agreements or understandings (oral or written) between
the you and the Site.
10. OVERRIDING PRINCIPLE
If in doubt, leave this site!!