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USER
AGREEMENT AND PRIVACY POLICY
The
following User Agreement and Privacy Policy (the "Agreement")
governs the use of OCRegister.com, OCCarFinder.com,
OCRealEstateFinder.com, OCJobFinder.com, SqueezeOC.com,
CoastMagazine.com, OrangeCountyHomeMagazine.com and Excelsior.com (the "Service")
provided by Freedom Orange County Information, Inc. (“FOCI” or “Service
Provider”), including participation in its bulletin boards
or chats. Please read the rules contained in this
Agreement carefully. You
can access this Agreement at any time from any of
the above named Service websites. Your use of the Service will constitute your agreement to
comply with these rules. If
you cannot agree with these rules, please do not use the
Service. These rules may be modified by FOCI from
time to time. Notice
of revisions to this Agreement will be announced on this
page. Continued access of the Service by you
will constitute your acceptance of any changes or revisions
to the Agreement.
Your
failure to follow these rules, whether listed below or
in bulletins posted at various points in the Service, may
result in termination of your access to the Service, without
notice, in addition to Service Provider's other remedies.
USE
OF THE SERVICE BY YOU:
·
Your right to use
the Service is personal to you -- you may not authorize others
to use the Service, and you are responsible for all of your
use of the Service.
·
By providing information
to, communicating with, and/or placing material with Service
Provider, including for example communication during registration,
communication on any bulletin board, message or chat area,
posting any resume or other content, placing any classified
advertisement, entering any sweepstakes, etc., you represent
and warrant: (1) you own or otherwise have all necessary rights
to the content you provide and the rights to use it as provided
in this Agreement; (2) all information you provide is true,
accurate, current and complete, and does not violate this Agreement;
and (3) the content will not cause injury to any person or
entity, including copyright or trademark infringement.
·
Using a name other
than your own legal name is prohibited (except in those specific
areas of the Service that
specifically ask for unique, fictitious names, e.g., certain
message boards and chat rooms).
·
You agree not to
disrupt or interfere with the Service, nor to alter or tamper
with any information or materials on or associated with the
Service.
·
You acknowledge
that the Service Provider has not reviewed the content of all
sites linked to from this Service and is not responsible for
the content or actions of any other sites linked to from this
Service and does not endorse them. Your linking to any service or site is
at your sole risk.
USE
OF MATERIAL SUPPLIED BY YOU
Postings
to and communications with the Service are not private.
You grant Service Provider and its affiliates, a royalty-free,
perpetual, irrevocable, non-exclusive right and license
to use, copy, modify, display, archive, store, distribute,
reproduce and create derivative works from such information,
in any form, media, software or technology of any kind
now existing or developed in the future. Without
limiting the generality of the previous sentence, and subject
to the Privacy Policy set forth below, you authorize Service Provider to share the information
across all affiliated websites, and to use your name and
any other information in connection with its use of the
material you provide. You also grant Service Provider the right to use
any material, information, ideas, concepts, know-how or
techniques contained in any communication you send or post
for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using
such information. All
rights in this paragraph are granted without the need for
additional compensation of any sort to you.
Service
Provider is
not responsible for the similarity of any of its content
or programming in any media to materials or ideas transmitted
to Service Provider. Should
you send any unsolicited materials or ideas, you do so
with the understanding that no additional consideration
of any sort will be provided to you, and that you are
waiving any claim against Service Provider and its affiliates regarding the use
of such materials and ideas, even if material or an idea
is used that is substantially similar to the content
that you sent or posted.
INTERACTIVE
AREAS
Service
Provider bulletin
boards, chat rooms, community calendars, and other interactive
areas are provided to give users an interesting and stimulating
forum to express their opinions and share ideas and information. We
expect people to differ – judgment and opinion
are subjective – and we encourage freedom of speech
and a marketplace of ideas. But by using these areas of the Service, you are participating
in a community that is intended for all of our users. Therefore, we reserve the right to remove any content posted
on our site at our sole discretion.
Without
limiting our right to remove content from the
Service, you agree that you will not post
material that:
·
Contains vulgar,
profane, abusive, racist or hateful language or expressions,
epithets or slurs, text, photographs or illustrations in poor
taste, or inflammatory attacks of a personal, racial or religious
nature.
·
Unfairly interferes
with any third party’s uninterrupted use of the Service.
·
“Flames” any individual
or entity or repeats prior posting of the same message under
multiple threads or subjects.
·
Uses or attempts
to use another’s account, password, service or system except
as expressly permitted by this Agreement.
·
Uploads copyrights
or other proprietary material of any kind without the express
permission of the owner of that material.
·
Discriminates on
the basis of race, religion, national origin, gender, age,
marital status, sexual orientation or disability, or refers
to such matters in any manner prohibited by law.
·
Is defamatory,
threatening disparaging, grossly inflammatory, false, misleading,
fraudulent, inaccurate, unfair, violate the privacy rights
of any third party, or is unreasonably harmful or offensive.
·
Disrupts interferes
with, or otherwise harms or violate the security of the Service, or any services, system
resources, accounts, passwords, servers or networks connected
to or accessible through the
Service or affiliated or linked sites.
·
Violates or inappropriately
encourages the violation of any municipal, state, federal or
international law, rule, regulation, or ordinance.
·
Advertises, promotes
or offers to trade any goods or services, except in areas specifically
designated for such purpose.
·
Uploads or transmits
viruses or other harmful, disruptive or distributive files.
·
Otherwise violates
any right of Service
Provider or any third party.
Service
Provider may,
where appropriate, refer any violations of the foregoing
to law enforcement authorities.
Given
the nature of the Service and the volume of messages
and postings, Service
Provider cannot and does not monitor all
of the material posted or transmitted by users and third
party information providers. To protect your safety, please use your
best judgment when using these forums. We
particularly discourage divulging personal phone numbers
and addresses or other information that can be used to
identify or locate you, when you participate in an interactive
area of the website. If you decide to disclose this information,
you do so fully understanding the consequences of such
disclosures and knowing that the information could be used
to identify you.
DEALINGS
WITH THIRD PARTIES AND THIRD PARTY WEBSITES
Service
Provider does
not necessarily endorse, support, sanction, encourage,
verify, or agree with the comments, opinions, or statements
posted on bulletin boards or chats or otherwise contained
in the Service. Any
information or material placed online, including advice
and opinions, are the views and responsibility of those
who post the statements, and does not necessarily represent
the views of Service
Provider. You
agree that the Service Provider is not responsible, and
shall have no liability to you, with respect to any information
or material posted by others.
From
time to time, the Service may provide links to websites
operated by other entities. If
you use those sites, you will leave this site. If you decide to visit any linked website
operated by a third party, you do so at your own risk. Service
Provider makes no warranty or representation
regarding, and does not endorse, any linked websites or
the information, products or services described on those
websites. Links
do not imply that Service
Provider or this site sponsors, endorses,
is affiliated or associated with, any trademark, trade
name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized
to use any trademark, trade name, logo or copyright symbol
of Service Provider or
any of its affiliates or other third parties.
Your
dealings or communications through the
Service with any party other than Service
Provider are solely between you
and that third party. Service
Provider has no responsibility for actions of third parties
or for content provided or posted by others. For
example, certain areas of the Service may allow you to conduct transactions
or purchase goods or services. In
most cases, these transactions will be conducted by third-parties,
such as commercial vendors. Under
no circumstances will Service
Provider be liable for any goods, services,
resources or content available through such third party
dealings or communications, or for any related harm. The third party may have separate privacy
and data collection policies. Please
review carefully that third party’s policies and practices
and make sure you are comfortable with them before you
engage in any transaction. Complaints,
concerns, or questions relating to materials provided by
third parties should be forwarded directly to the third
party.
COPYRIGHT
All
information, content, services and software displayed on,
transmitted through, or used in connection with the
Service, including for example new articles,
reviews, directories, guides, text, photographs, images,
illustrations, audio clips, video, html, source and object
code, trademarks, logos, and the like (collectively, the “Content”),
as well as its selection and arrangement, is owed by Service Provider, and its affiliated companies, licensors
and suppliers. You
may use the Content online only, and solely for your personal,
non-commercial use, and you may download or print a single
copy of any portion of the Content solely for your personal,
non-commercial use, provided you do not remove any trademark,
copyright or other notice from such Content. However, Service Provider does not represent
or warrant that use of any Content will not infringe rights
of third parties. If
you operate a website and wish to link to the Service,
you may do so provided you agree to cease such link upon
request from Service
Provider. No
other use is permitted without prior written permission
of Service Provider. The permitted use described in this paragraph
is contingent upon your compliance at all times with this
Agreement.
Requests
to use Content for any purposes other than as permitted
in this Agreement should be directed to sclairemont@ocregister.com
or call 714-796-4937. In certain cases, you may be able to obtain a license to use
individual stories that appear on the
Service through online functionality we
have specifically designated (e.g., to email a story to
a friend or to purchase the rights to reproduce a story
for other use). In
such cases, we will tell you directly in the portion of
the Content you may license or you will see a link in the
Content itself. If you do not see such authorization
or link, you should assume that you do not have such a
license to use the Content.
Other
than as set forth in the previous paragraph, you may not
republish any portion of the Content on any Internet, Intranet
or extranet site or incorporate the Content in any database,
compilation, archive or cache. You
may not distribute any Content to others, whether or not
for payment or other consideration, and you may not modify,
copy, frame, cache, reproduce, sell, publish, transmit,
display or otherwise use any portion of the Content. You agree not to decompile, reverse engineer
or disassemble any software or other products or processes
accessible through the
Service in any way that affects the user’s
experience, and not to use any data mining, data gathering
or extraction method.
Copyright
Complaints
Service
Provider respects
the intellectual property of others, and we ask our users
to do the same. Service
Provider may, in appropriate circumstances
and at its discretion, terminate the access of users,
subscribers, and account holders who infringe the copyright
and trademark rights of others.
If
you believe that your work has been copied and is accessible
on the Service in
a way that constitutes copyright or trademark infringement,
or that the Service contains
links or other references to another online location that
contains material or activity that infringes your copyright
or trademark rights, you may notify Service
Provider by providing Freedom Orange County
Information, Inc.’s copyright agent the information required
by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C.
sec. 512.
Freedom
Orange County Information, Inc.’s agent for notice of claims
of copyright infringement on or regarding this website
can be reached as follows:
By mail:
Freedom Orange County Information, Inc.
625 N. Grand Ave.
Santa
Ana, CA 92701
Attn: Lelani Bluner
By phone:
Lelani Bluner
714-796-3530
PRIVACY POLICY
We respect your privacy and
appreciate the confidence you have placed in the
Service as your primary source of information
about Orange County. We are committed to protecting your privacy
and preserving your trust. This
Privacy Policy explains how personal information may be collected
and used at this site.
Information
Collection and Use
Service
Provider collects information from our users at
several different points on our website. For
example, we may collect personally identifiable information
from you such as your name, address, phone number, and
email address when you register, subscribe to one of our
services, enter contests offered by our site, and at other
times. In
addition, we automatically collect non-personal information
such as your browser type, operating system, IP address,
and site usage information, in order to evaluate and improve
the performance of our site.
We
collect and use information for the specific purposes for
which you provide it, such as processing an online registration
at your request. We also collect and use information:
·
to enhance your
experience at our site;
·
to perform site
administration and technical support;
·
to notify you about
our new and existing content, events, products or services
(e.g., we may invite you to subscribe to our complimentary
newsletter/late breaking news/coupons and promotions email
program);
·
to enable you to
enter contests and sweepstakes;
·
to create aggregate
information about demographics and usage patterns;
·
to invite our promotional
vendors and advertisers – with your explicit permission – to
call to your attention special offers, products and services
that may be of interest to you.
We
may also use third party providers to help us contact you
or to support our site and services, and for these limited
purposes, we may share your personally identifiable information
with our providers. By registering for and/or using our
site, you consent to our sharing of your personal information
with our third party providers for these limited purposes.
We
may disclose personal information when required by law
to do so, or at the request of a law enforcement agency. We
may also disclose personal information when we believe
in good faith that disclosure is necessary or appropriate
to avoid violation of, or interference with, the terms
of use of our site or services, our proprietary rights,
or the rights of third parties. Service
Provider may also disclose personal information to any
prospective acquirer of Service Provider or any of its
assets as part of any due diligence in connection with
the transaction.
We
will not sell, share, or rent this personal information
to other third parties, and we will not otherwise disclose
personally identifiable information to third parties without
your explicit permission, except as disclosed in this policy. Our users are given the opportunity to
opt-out of having their personal information used for promotional
purposes at the point where we ask for the information. Users who no longer wish to receive such promotional materials
may unsubscribe from receiving future email communications
from Service Provider, by clicking on the unsubscribe link
at the bottom of the email communication.
We
may use aggregate information to measure general site usage
patterns and characteristics of our user base, and we may
include such aggregate information about our audience in
reports to our commercial vendors. We
may also disclose aggregated user statistics (for example,
45% of our email newsletter registrants live in South County)
without your permission in order to describe our audience
to existing and prospective advertisers or other third
parties. However,
this aggregate information does not reference names, phone
numbers, email addresses, or other personally identifiable
information, and it is not traceable to a specific recipient
or user email address.
Registration
The
general registration area can be found on the Service home
page and at other locations throughout the Service. To
use or access certain features of the site, you may have
to register or otherwise provide personal information. The
decision to provide this information is purely optional;
however, if you elect not to register or provide such information,
you may not be able to access certain content or features
or participate in various areas of the site.
Security
Personal
information collected by Service Provider is stored in
secure operating environments that are not available to
the public. We
are dedicated to maintaining the security of such information. Unfortunately, no data transmission over
the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information,
we cannot ensure or warrant the security of any information
you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best efforts
to ensure its security on our systems. We
will notify you if any breach of our security system affects
you by sending an email notice to you within five (5) days
of our discovery of any such breach.
Cookies
We
may place a text file called a "cookie" in the
browser files of your computer or use other technology
to improve your navigation of our site. The cookie itself does not contain your personal information,
although it will enable us to relate your use of the site
to information that you have specifically and knowingly
provided to us. You may be able to set your browser to reject cookies, but
then you may be unable to access certain areas of the site
or may not be able to customize the site’s features. Some
of our business affiliates, vendors, and advertisers independently
may use cookies, to tell when you have contacted their
web site. Because we do not control the privacy
policies of our business affiliates, vendors, advertisers
or any other sites to which we may provide links, you should
check the privacy policy of the site that you are visiting
if you have any concerns about that site's use of cookies
or other data gathering devices.
Other
Links
You
may be able to access content and other services through
links located on our site, including the websites of business
affiliates, vendors, advertisers or other sites. This policy does not apply to such content
or services, and we are not responsible for the content
or privacy practices of any site that may be linked to
our site. We recommend that you review the privacy policy at each such
site.
Email
Newsletters/Services
Service
Provider maintains an opt-in-only email database. Service
Provider will not sell or rent or otherwise share your
email address with any third party. Service
Provider will not disclose any personally identifiable
information to any third parties. Service
Provider may provide general demographic information to
third parties about email subscribers, or general usage
statistics of email subscribers.
All
email which a user opts to receive contains an opt-out
mechanism in the form of a link or URL. The email will
also contain a link or URL enabling you to change your
email delivery preferences and user profile.
Discussion
Board And Forums
Our
online chat area, bulletin board, and other public forums
can be a useful way for you to express yourself to other
online users. When you post messages or otherwise use these
features, the information that you provide (including personally
identifiable information) may be publicized to, collected
by, and used by third parties. We
are not responsible for the content of messages posted
by users or disclosures of personal information.
Children's
Privacy Statement
This
children's privacy statement explains our practices with
respect to the online collection and use of personal information
from children under the age of thirteen and provides important
information on your rights under federal law with respect
to such information.
We
do not knowingly collect personally identifiable information
from children under the age of 13. If we become aware that
we have inadvertently received personally identifiable
information from a user under the age of thirteen, we will
delete such information from our records. Because
we do not knowingly collect any personally identifiable
information from children under the age of thirteen, we
also do not knowingly distribute such information to third
parties
EDITING
AND DELETIONS:
The
Service Provider reserves the right, but undertakes no
duty, to review, edit, move, or delete any material provided
for display or placed on the Service or its bulletin boards,
at its sole discretion, without notice.
DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY:
Although Service Provider attempts to provide
accurate information on this site, the materials may contain
inaccuracies, errors and typographical errors. Service Provider and its affiliates
do not warrant the accuracy or completeness of the information,
text, graphics, links or other items contained on this
site. Service Provider may
make changes to the materials at any time without notice
and makes no commitment to update the materials.
YOU
ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN
RISK. THE
SERVICE, THE SITE, THE MATERIALS ON THE SITE, AND THE SOFTWARE
MADE AVAILABLE ON THE SITE, IF ANY, ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED
TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE SERVICE. SERVICE
PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT
THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT
THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS
OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE
TRANSMITTED ON THE SERVICE. SERVICE PROVIDER AND ITS AFFILIATES ARE
NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES,
ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
SERVICE
PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED
ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE
SERVICE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE
OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE
SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEB SITE. IN
NO EVENT SHALL SERVICE PROVIDER, ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY
AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE.
INDEMNIFICATION:
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, SERVICE PROVIDER, ITS PARENT AND AFFILIATED
COMPANIES, AND ITS PARTNERS, SUPPLIERS, LICENSORS, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING,
BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT,
PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES
(INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM
OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE
OF THE SERVICE; (2) SERVICE PROVIDER’S USE OF ANY CONTENT
OR INFORMATION YOU PROVIDE; (3) INFORMATION OR MATERIAL
POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT,
EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF
THIS AGREEMENT BY YOU.
TERMINATION
AND ASSIGNMENT:
Service
Provider has the right to terminate your ability to access
the Service, for any reason, without notice, and may modify,
suspend, discontinue or restrict the use of any portion
of the Service at any time for any reason. In the event of termination of this Agreement by Service Provider
or by you ceasing to use the Service, you agree that the
following provisions will survive: limitations
on your use of Content, license(s) you have granted to
Service Provider, and all other provisions for which survival
is equitable or appropriate.
Service
Provider may at any time transfer its rights and obligations
under this Agreement to any affiliate, subsidiary or business
unit, or any of their affiliates, or to any entity that
acquires Service Provider or any of its assets.
JURISDICTION:
This
Agreement will be governed by and construed in accordance
with the laws of the State of California, without regard
to its conflicts of law provisions. You hereby agree that any cause of action you may have with
respect to Service Provider or the Service must be filed
in a federal or state court located in or having jurisdiction
over Santa Ana, California, within two months of the time
in which the events giving rise to such claim began, or
you agree to waive such claim.
This
site is controlled, operated and administered by Service
Provider from within the United States of America. Service
Provider makes no representation that materials at this
site are appropriate or available for use at other locations
outside of the United States and access to them from territories
where their contents are illegal is prohibited. You may not use this site or export the
materials in violation of U.S. export laws and regulations. If you access this site from locations
outside of the United States, you are responsible for compliance
with all local laws.
ENTIRE
AGREEMENT AND MISCELLANEOUS PROVISIONS:
This
Agreement is the complete and entire agreement between
the parties and supersedes any prior agreement, whether
written or oral. If
for any reason any provision of this Agreement is found
to be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the intent
of the parties as reflected in that provision, and the
remainder of the Agreement shall continue in full force
and effect. Any failure of Service Provider to enforce
or exercise any provision of this Agreement or related
right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience
and have no legal or contractual effect.
CONTACT
INFORMATION:
To
contact Service Provider, please use the following:
Freedom Orange County Information,
Inc.
625
N. Grand Ave.
Santa Ana, CA 92701
Attn: Lelani Bluner
Phone: 714-796-35630
lbluner@ocregister.com
If
you don't agree to the terms contained in this Agreement,
please exit the Service. Please click the Back button on
your browser to return to the previous page.
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