YOSEMITE NEWS WEB SITE
U
SER DISCLAIMER

Web Portal Design Corp. ["Web Portal"] is a qualified California public benefit ["charitable trust"] corporation. It is exempt from business licenses in Fresno County and has voluntarily published its Fictitious Busness Name Statement #2200010001904 with the Fresno County Clerk, and voluntarily obtained the Clovis Business License Certificate # BL28660 non-proft [Section I, Ord.79-18, eff. July 1, 1979] paid to the City all fees required and was granted authority to transcact its charitable business affairs and to operate its non-profit community news agency with education & training facilities in that City. Access to local automated Web Portal telecom is available by dialing 559-298-9349. Web Portal owns and publishes the online & print edition of the YOSEMITE NEWS and is the registered owner of the URLs, YosemiteNews.net and YosemiteNews.org for the YOSEMITE NEWS online Web site. Web Portal owns, publishes and distributes digital & print editions of a number of other free online newspapers as a community service and also provides education and training programs in new media and Internet communications for interested members of the community. You hereby agree to be bound by all of the terms and conditions contained in this User Agreement ["Agreement"]. The YOSEMITE NEWS reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the YOSEMITE NEWS Web Site after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.

1. LIMITATIONS ON USE

Web Portal Trademark and Copyright Ownership Notice & Restrictions. All information displayed, transmitted or carried on the YOSEMITE NEWS Web Site (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the "Content") is protected by copyright and other intellectual property laws. The marks YosemiteNews.net and YosemiteNews.org are the trademark owned by Web Portal Charitable Trust and all content carried and or displayed or archived on this site is owned by the Web Portal its affiliates or third party licensers. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the YOSEMITE NEWS Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.

Permitted Use. You may make a single copy of the Content displayed on the YOSEMITE NEWS Web Site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from the Web Portal You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from Web Portal You may submit requests for permission to retain, distribute or reproduce to the Web Portal Charitable Trust Permissions Desk P.O. Box 2144, Clovis, CA 93613.

Changes in Web Portal YOSEMITE NEWS Web Site. Web Portal may modify, suspend, discontinue or restrict the use of any portion of the YOSEMITE NEWS Web Site, including the availability of any Content feature, at any time and without notice or liability.

2. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

The YOSEMITE NEWS Web Site contains facts, views, opinions, statements and recommendations of third party individuals and organizations. Web Portal does not represent or endorse the accuracy, timeliness or reliability of any advice, opinion, statement, schedule or other information displayed, uploaded or distributed through the YOSEMITE NEWS Web Site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. YosemiteNews.net, YosemiteNews.org and the words "Yosemite News" are the registered trademark of Web Portal.

Web Portal makes no warranty regarding the YOSEMITE NEWS Web Site or any content, services or products provided through or in connection with the YOSEMITE NEWS Web Site. Web Portal expressly disclaims any and all warranties, express or implied, including, without limitation: (a) any warranties as to the availability, accuracy, completeness or content of information, products or services which are part of the YOSEMITE NEWS web site; and (b) warranties of fitness for a particular purpose, or merchantability or against infringement. In no event will Web Portal its affiliates, licensors, employees, agents or contractors be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the YOSEMITE NEWS Web Site, its public posting bulletin boards, chat rooms, its content or any errors or omissions in its content, even if advised of the possiblity of such damages.

Any liability of Web Portal, its affiliates, licensors, employees, agents or contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid to the Web Portal by or on behalf of you in connection with the YOSEMITE NEWS Web site in the 12 months prior to the claimed injury or damage.

3. PRODUCTS/TECHNOLOGIES

The materials created, authored, and/or prepared by Web Portal are copyrighted in content, presentation, and intellectual, creative origin.

Organizations/Individuals seeking permission to reproduce Web Portal [Web Portal] digital products or technologies should contact Web Portal directly, while taking into account the following guidelines.

GENERAL CONDITIONS:

Web Portal material, products and technologies may not be used to state or imply the endorsement by Web Portal or by any Web Portal employee or client of a commercial product, service or activity, or used in any other manner that might mislead.

Use of Web Portal names and/or logos in publicity, promotion, or advertising is prohibited without the prior written consent of Web Portal.

Web Portal should be acknowledged as the source of its materials, products, and technologies. An appropriate acknowledgment is:

It is unlawful to falsely claim copyright or other rights in Web Portal material. Web Portal shall in no way be liable for any costs, expenses, claims or demands arising out of use of Web Portal materials, graphics, and photographs by a recipient or recipient's distributes.

Web Portal personnel are not authorized to sign indemnity or "hold harmless" statements, releases from copyright infringement, or documents granting exclusive use rights.

ELECTRONICALLY AVAILABLE MATERIAL

Electronic products such as textual material, electronic and multimedia resources, and other electronic materials created, authored, and/or prepared by Web Portal are copyrighted in content, presentation, and intellectual, creative origin. These electronically available materials are considered intellectual property and intended for use for educational, academic, and research purposes and are not intended for commercial sale. Electronic versions of images, and all other graphical material, animation, and digital renditions of video material are protected by copyright as intellectual property unless noted otherwise.

Non-commercial Use: For all its copyrighted materials, Web Portal allows reproduction, authorship of derivative works, and other transformations of the original work strictly for educational and research purposes without further permission, and subject to the General Conditions stated above. For other noncommercial uses, permission should be obtained from Web Portal.

Commercial Use: For copyrighted materials (images, text, multimedia products, graphical material, animation and digital video), permission should be obtained from the copyright owner, Web Portal, prior to use. Web Portal will work with vendors on a case by case basis, subject to Web Portal's "License and/or Rights for Use of Web Portal Products and Technologies", to establish appropriate permissions for use, which in some cases may involve a royalty agreement. If a recognizable person appears in an image, use for commercial purposes may infringe a right of privacy or publicity and permission should be obtained from the recognizable person.

Inappropriate use of images includes but is not limited to: religious materials, e.g., tracts, handouts, etc., gang related materials, ethnic background materials, and political information. The use of the images must not imply endorsement by Web Portal of organizations, products, or services using the images. Commercial vendors should submit intended use of images to the contact person below for verification of appropriate use.

As mentioned under General Conditions, Web Portal should be acknowledged as the source of its material, and Web Portal shall in no way be liable for any costs, expenses, claims, or demands arising out of use of these materials. Web Portal would appreciate voluntary reporting of all use, derivative work creation and other alteration of the materials it offers for educational, academic, and research use.

PHOTOGRAPHY:

Photographs on the YosemiteNews.net and YosemiteNews.org Web site may be reproduced and distributed without further permission from Web Portal, subject to the General Conditions above. If a recognizable person appears in a photograph, use for commercial purposes may infringe a right of privacy or publicity and permission should be obtained from the recognizable person.

AUDIO RECORDINGS:

Audiotape recordings are not protected by copyright unless noted. A cassette may be excerpted or reproduced and distributed, without further permission from Web Portal. However, use of a portion or segment of an audiotape, such as talent, narration or music, may infringe a right of publicity or copyright and permission should be obtained from the source.

VIDEO AND MOTION PICTURE RECORDINGS:

Videotape and motion picture recordings may be reproduced and distributed, without further permission from Web Portal. However, music or footage copyrighted by others, which is incorporated in a production, may not be used unless permission is obtained from the copyright owner. While in most instances using non-copyrighted segments is permitted, use for commercial purposes of a portion or segment containing talent or a recognizable person may infringe a right of publicity and permission should be obtained from the talent or recognizable person.

If further information or assistance is needed, you may contact:

Copyright Officer, (corporate@WebPortal.org)
FAX: (559) 298-93949
Web Portal Design Corp.
P.O. Box 2144
Clovis, CA 93613

4. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Fresno, State of California within one year after the cause of action, otherwise the cause shall be barred.

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All rights reserved.