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Eastbayri.com Terms of Service ----------------------------- PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Eastbayri.com is a web site of East Bay Newspapers, Inc. East Bay Newspapers, Inc. offers the Eastbayri.com web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Eastbayri.com may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you. Cost At this time, there is no cost for using the services of Eastbayri.com. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible. Registration Access to the majority of content, services and features on Eastbayri.com requires users to register and become Members of Eastbayri.com. Member registration requires you to provide certain Personally Identifiable Information, such as your name, e-mail address, street address, gender, and date of birth. Please see our Privacy Policy for information on Eastbayri.com's information gathering and how we intend to use and share any information we collect. If you become a Member of Eastbayri.com, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access Eastbayri.com using your username or account in whole or in part. Eastbayri.com reserves the right to terminate Membership and deny access to the site to any person who violates this Terms Of Use. Personal and Noncommercial Use Eastbayri.com is a site for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to Eastbayri.com that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Contributing Content to Eastbayri.com All users are encouraged to contribute information, pictures and video to Eastbayri.com. All contributions will be accepted for publication on the Web site provided they adhere to these rules: 1. You agree not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Web site. 2. In posting comments on the contributions of others, you agree not to harass other participants. 3. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person. 4. You may not post information or links that are obscene or pornographic. 5. You may not contribute information, pictures or video that violate the property rights of others, including unauthorized copyrighted test, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. 6. Content contributions solely focused on the promotion of commercial events or businesses are not permitted. 7. You assert that the information, pictures and video you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant Eastbayri.com and East Bay Newspapers an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form. User Content License. For all User Content provided to or placed on Eastbayri.com, you grant East Bay Newspapers, Inc., its parents, affiliates and related entities, including without limitation Eastbayri.com and its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from the User Content, 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, you authorize East Bay Newspapers to share the User Content across all East Bay Newspapers affiliated Web sites, newspapers, broadcasts, and other media platforms, to include the User Content in a searchable format accessible by users of Eastbayri.com and other East Bay Newspapers Web sites, to place advertisements in close proximity to such User Content, and to use your name and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you post or otherwise make available on Eastbayri.com. You also grant East Bay Newspapers the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and/or User Content. All rights in this paragraph are granted without the need for compensation of any sort to you. By posting content or otherwise providing information on Eastbayri.com, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Eastbayri.com and its parent, affiliates and related entities regarding the use of User Content, materials and/or ideas. User Content Removal. You acknowledge that Eastbayri.com and/or its designees shall have the right (but not the obligation), in their sole discretion, to move, remove, or block any User Content for any reason, including without limitation that such User Content violates the Terms of Service or is otherwise objectionable. DISCUSSION FORUMS Eastbayri.com does not endorse and is not responsible for any statement, opinion, advice given or made in discussion forums. Your use of the Eastbayri.com discussion forums is at your own risk. Eastbayri.com does not intend to engage in any prior review of notes posted to discussion areas, but it reserves the right in its sole discretion and for any reason to delete or redirect any information or other content posted to Eastbayri.com (including posts to discussion areas), regardless of whether the information or other content violates the rules for content described in above policies. Further, Eastbayri.com reserves the right to limit or terminate service to participants who violate the terms of this Agreement. . In no event will Eastbayri.com be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the Eastbayri.com discussion forums, or any information or services provided on Eastbayri.com, even if Eastbayri.com has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on Eastbayri.com. Eastbayri.com is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove notes at its sole discretion and without explanation. Copyrights East Bay Newspapers, Inc. retains full copyright ownership, rights and protection in all material contained on Eastbayri.com, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site. You may, however make single copies of materials displayed on the Eastbayri.com Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Eastbayri.com or the copyright owner of the copied material. None of the material contained on the Eastbayri.com site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Eastbayri.com. All content of Eastbayri.com is Copyright ? 2008 East Bay Newspapers, Inc. All rights reserved. Privacy rights Eastbayri.com takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the Eastbayri.com website or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on Eastbayri.com are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies. You agree that Eastbayri.com may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of Eastbayri.com or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy. International Users You acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties which may be outside your resident jurisdiction. Eastbayri.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way please do not use our site or services. Disclaimer of Warranties Neither Eastbayri.com nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of Eastbayri.com results in the need for servicing or replacing property, material, equipment or data, Eastbayri.com is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of Eastbayri.com. Eastbayri.com reserves the right to change or discontinue at any time any aspect or feature of the Web Site. Eastbayri.com does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. Eastbayri.com reserves the right to change or discontinue any aspect or feature of the Web Site at any time. You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Eastbayri.com. Accordingly, Eastbayri.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON Eastbayri.com IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Eastbayri.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR Eastbayri.com SERVICES. Limitation of Liability IN NO EVENT SHALL Eastbayri.com OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE Eastbayri.com WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Eastbayri.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Eastbayri.com SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Indemnification You agree to defend, indemnify and hold Eastbayri.com, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Eastbayri.com Web Site in a manner that violates or is alleged to violate these Terms and Conditions. Eastbayri.com shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Links/Advertisements The Eastbayri.com Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Eastbayri.com of the sites, but is for your reference and convenience only. Eastbayri.com has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to Eastbayri.com. Nor does Eastbayri.com recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site. The Eastbayri.com Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, Eastbayri.com does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site. Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Eastbayri.com Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Eastbayri.com reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Eastbayri.com Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Eastbayri.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Eastbayri.com. Termination You agree that Eastbayri.com may terminate your use of the Web Site, if Eastbayri.com reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Eastbayri.com or any third party, or for any reason with or without notice to you. You agree that Eastbayri.com may modify or discontinue Eastbayri.com, with or without notice to you. You agree that Eastbayri.com will not be liable to you or any third party as a result of such modification or discontinuation. Survival The provisions entitled "Your Submissions," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement. Notice East Bay Newspapers may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on Eastbayri.com, or by written communication delivered by first class U.S. mail to your address on record in Eastbayri.com's account information. You may give notice to East Bay Newspapers, Inc. via the Webmaster at any time via electronic mail to webmaster@eastbayri.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: East Bay Newspapers, Inc. 1 Bradford St Bristol, RI Phone: 800-382-8477

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