Logo_v02_home A "California Stories" project of the California Council for the Humanities      

Terms of Service

 

Welcome to the “We Are California” website.

Please review this user agreement carefully.

 

Dated March 31, 2008

 

  1. ACCEPTANCE OF TERMS

 

The California Council for the Humanities, CCH, [[an affiliate][a subsidiary] of the National Council for the Humanities,] owns and provides the collection of websites, services, downloads and software available to the public at http://www.weareca.org and related URL’s that share knowledge, information and experiences about immigration (collectively, the “Website”). We sincerely hope you enjoy the Website and continue to use it. By accessing and using the Website in whole or in part you accept and agree to be bound by the terms set forth below (the “Terms of Use”). If you are a company, you agree that you are authorized to accept these Terms of Use on behalf of your company, and by accessing and using the Website in whole in or in part you agree on behalf of you and your company to be bound by these Terms of Use. In these Terms of Use, we may refer to the California Council for the Humanities as “CCH,” “us,” or “we,” and “you” shall refer to you and, where applicable, to your company. Any and all use of the Website is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Website. By continuing to use the Website, you agree to be bound by these Terms of Use.

 

Use of the Websites is restricted to users at least 13 years of age. Do not use the Websites if you are less than 13 years of age. In compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts.

CCH reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Website after the posting of any changes to the Terms of Use will signify your acceptance of those changes.

 

  1. SCOPE OF Agreement

 

These Terms of Use cover your use of the Website, and you agree that these Terms of Use apply to your use of the Website. “User” shall refer to each individual or organization using the Website. “Contributing User” shall refer to each User who contributes his or her story about immigration to and through the Website (each, a “Story”).

 

These Terms of Use govern your use of the Website, including, but not limited to, the process by which you may submit a Story through the Website and/or how you may write and submit reviews or give other feedback about the Website.

 

By using the Website, you also consent and agree to the terms of the CCH Privacy Policy, at http://www.weareca.org.

 

  1. RESTRICTIONS ON USE OF The WEBSITES

 

You understand that you and other users may be able to post, submit, or otherwise display or transmit materials and information using the Website. You may not use the Website to do any of the following:

 

a. upload, post, transmit, or otherwise make available any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;

b. harass another person or entity;

c. harm minors;

d. engage in or facilitate any infringement or misappropriation of, or upload, post, cause a display or performance of, transmit or otherwise make available any content that infringes, any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;

e. upload, post, transmit or otherwise make available any content that you do not have a right to make available under law or contractual or fiduciary relationships;

f. cause or facilitate a display or performance of, or otherwise make publicly available any copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;

g. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;

h. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;

i. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;

j. disguise the origin of any content transmitted through any of the Websites;

k. upload, post, cause a display or performance of, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment; and/or

l. interfere with or disrupt the Websites or servers or networks connected thereto, or disobey any applicable policies or regulations of networks connected to the Websites.

 

To the extent that you use or connect to any third party messaging and/or content delivery systems through the Websites, you agree that you will comply with all terms and conditions of use for such third party systems.

 

You understand that the Website is offered to provide an online forum for sharing knowledge, information and experiences about immigration. If you use the Website for any purpose other than the purposes set forth in these Terms of Use, such use will be considered a breach of these Terms of Use.In case of any such breach, CCH reserves the right to restrict your access to the Website. If your access is so restricted, you may contact CCH at wearecalifornia@calhum.org, but CCH is under no obligation to restore your access to the Website.

 

All messages, information, documents, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Websites. CCH reserves the right to, but has no obligation to, monitor the materials posted and/or displayed or performed in the Websites. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, cause to be displayed or performed IN ANY AREAS OF THE WEBSITES AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITES AND THE WEBSITE PROVIDED THEREBY.

 

You understand that the Websits and services offered thereby are offered to the public free of charge.No User may use the Website or any part thereof for commercial use. If you are a Contributing User and wish to later publish your Story in any different medium or media, you agree that a) you shall not do so without the prior written consent of CCH; and b) you will automatically and irrevocably grant to CCH a perpetual, irrevocable, fully-paid up license to maintain such Story on the Website and that any such Story shall be deemed to be User Submitted Material and remain governed by these Terms of Use.

 

  1. Changes to the Website

 

CCH has the right to change or modify, upgrade, add to, or discontinue the Website or any portion or feature thereof at any time without notice. CCH also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use or to the Website without restriction.

 

  1. REGISTration

 

You must register to submit a Story on or through the Website. You agree that any information you provide to or through the Website at any time, including but not limited to contact information for you, is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use.

 

By submitting your Story on or through the Website, you represent and warrant that, in addition to the accuracy requirements set forth above, (a) all content you submit, whether as part of your Story or otherwise, is truthful and accurate; (b) you will maintain the accuracy of such content; (c) you are 14 years of age or older; and (d) the submission of your Story does not violate any applicable law or regulation.

 

You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You agree that you will use the Website only for the purposes set forth herein and/or as described on the Website.

 

  1. Communications

 

a) Feedback. We may, and reserve the right to, contact you for feedback about the Website, subject to the contact and notification provisions in these Terms of Use and in our Privacy Policy, or request such feedback through the Website. If you, whether or not formally requested to do so by CCH, provide to CCH suggestions, comments and feedback about any aspect of the Website, (“Feedback”), your submission of any such Feedback to or through Website or otherwise to CCH indicates your consent that Feedback may be used by CCH in any manner at any time. You agree not to disparage or defame the Website or CCH, nor make available to the public negative reviews of the Website or CCH. Any and all Feedback and other material generated by using the Website is the sole property of CCH and is deemed to be Confidential Information, as defined below.

 

If you provide Feedback to CCH, you hereby grant CCH the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any CCH product, technology, service, website or other documentation (“CCH Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any CCH Product; (iii) solely with respect to copyright and trade secret rights held by you, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by you that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a CCH Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require CCH to comply with any additional obligations with respect to any CCH Products that incorporate any Feedback.

 

b) Services and Support. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the CCH websites or by using CCH’s internal messaging system. Notices will be deemed effective at the time they are sent by CCH or as of date they are posted, regardless of whether you actually read any such notices.

 

c) Opt-out. Where applicable, you may opt-out of receiving certain notifications through the Website by sending an email to us at wearecalifornia@calhum.org; opting-out of such notifications, however, will limit the effectiveness of the Website. Notwithstanding the foregoing, no User may opt-out of receiving notifications relating to support of the Website or other notices as required by law. If we have provided any third party with your personal information, you will have to contact the third-party directly with any opt-out request.

 

d) Consent to use by CCH. You consent that any emails, surveys, other information or feedback regarding the Website or the Websites that you provide to CCH through the Website or via any other medium, except for Personally Identifiable Information, as defined in the CCH Privacy Policy, can be used by CCH in any manner, including but not limited to for reviews and ratings on CCH or third party websites. This does not apply to work you may submit, create, develop, collaborate on, or otherwise work on in connection with a specific knowledge transfer , and you will retain all rights in and to any work to the extent it is original work created by you, subject to the provisions regarding User Submissions in these Terms of Use.

 

  1. Permission to Use

 

CCH grants to you a personal license to access and use the Website in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Website, in whole or in part. CCH reserves all rights not expressly granted in these Terms of Use.

 

You are responsible for your use of the Website and you agree that such use will be entirely on your responsibility and at your own risk.

 

  1. Intellectual Property

 

CCH retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Website (collectively the “CCH Intellectual Property”) that are the exclusive property of CCH and/or its licensors. We do not transfer any rights in or to the CCH Intellectual Property to you.

 

Content of the Website that incorporates or includes any of the CCH Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of CCH or the rightful owner, as applicable.

 

You understand that some or all of the materials you may be given access to through the Website may be protected by copyright or other intellectual property protections. You agree that you shall not, nor shall you allow any third party to, copy, modify, claim as your or their own, distribute, reformat, or take any other action regarding such materials that infringes or may infringe on the intellectual property rights relating to those materials.

 

  1. Connectivity Costs and Equipment

 

It is your responsibility to use the Website properly, and you are solely responsible for all equipment required for you to access the Website, including (but not limited to):

 

§ a properly configured computer with broadband Internet access;

§ a functioning and valid email address;

§ any required software, including an accepted browser (currently Internet Explorer version 6.0 or later, Mozilla Firefox Version 1.5 or later, and/or Safari) that is configured to accept cookies, download images, and run JavaScript; and

§ any other equipment needed to access the Website or any particular Contributing User Service for which you register.

 

When using the Website you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Website are subject.

 

You are solely responsible for all service, telephony and / or other fees and costs associated with your access to and use of the Website and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

 

  1. Confidential Information

 

Confidential Information is any oral, written, graphic or machine-readable information disclosed by CCH that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Website. You agree to not disclose or use any Confidential Information without the prior written consent of CCH, and to maintain the confidentiality of the Confidential Information.

 

  1. User Submissions

 

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by CCH (“Content”) or by other Users of the Website, including but not limited to Contributing Users and Users, (“User Submissions”) to the Websites is owned by the party contributing such content. As a User of the Website, you are solely responsible for your own User Submissions, including, for Contributing Users, your Story or Stories. By transmitting your User Submissions and/or any Story or Stories to or through the Website, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

 

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to CCH, you grant CCH the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Website and CCH’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify CCH for any claim regarding CCH’s use of your User Submissions.

 

When using the Website, you may be exposed to User Submissions from a variety of sources, and CCH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

 

CCH does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.

 

  1. DMCA Notice

 

CCH believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Website, please notify CCH’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

B. Identification of the copyrighted work that you claim has been infringed;

C. Identification of the material that is claimed to be infringing and where it is located on the CCH website;

D. Information reasonably sufficient to permit CCH to contact you, such as your address, telephone number, and e-mail address;

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

Name: _________________

Attn: DMCA Notice

California Council for the Humanities

_________________________

_________________________

phone:

fax:
email:

 

 

  1. Links to third party sites

 

You may encounter hypertext links to websites operated by parties other than CCH during your use of the Website and on the Websites. CCH does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Website or on the Websites does not imply any endorsement by CCH of the material on such website or any association with their operators.

 

Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CCH is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites.

 

  1. Termination

 

Upon termination of your use of the Website for any reason, all of your rights to access and use any and all parts of the Website shall immediately terminate.

 

  1. Our Responsibilities

 

CCH is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that CCH has no liability or responsibility for the storage or deletion of any User Submissions. CCH reserves the right, but not the obligation, to remove any User Submissions at its discretion. We may monitor your use of the Website, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.

 

  1. Sole Remedy

 

Your only remedy for any dispute with CCH is to stop using the Website.

 

  1. Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Website resides in the courts of the State and County of San Francisco and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

 

  1. Entire Agreement / Translation / Interpretation

 

These Terms of Use, other CCH legal policies as posted on the Websites, and any operating rules for the Website established by CCH constitute the entire agreement between CCH and you regarding your use of the Website. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect.

 

The section headings used are for convenience only and shall not be given any legal significance. The translation of the Website into languages other than English is offered as an additional service to you. CCH makes no guarantee of the accuracy of any such translation and will not be responsible for any claims or liabilities arising from any such translation.

 

The Website is offered by CCH from the United States of America. CCH makes no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

  1. No Waiver

 

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

 

  1. Warranty Disclaimer

 

The Website is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. CCH does not GUARANTEE that users will be able to access the Website at all times or places, that CCH will have adequate capacity for all users, OR THAT THE WEBSITE WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, CCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warrantIES of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. CCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE WEBSITE. CCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND CCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

 

  1. Limitation of Liability

 

IN NO EVENT SHALL CCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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