Terms of Use

Dated: June 2020
Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of this website (the “Site”) owned and operated by San Clemente Times, LLC, d/b/a Picket Fence Media (“Picket Fence Media”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with San Clemente Times, LLC. If you are unwilling or unable to be bound by the Terms, do not access or use the Site. Picket Fence Media reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice. Your continued use of the Site is subject to all such revisions. For information on how Picket Fence Media collects, uses, and shares your personal information, please see the Picket Fence Media Privacy Policy.

SITE RESTRICTIONS
Unless otherwise specifically indicated on the Site, the Site and the services offered through the Site are only for your personal, non-commercial use. To access or use the Site, you must be 13 years old or older and have the requisite power and authority to enter into these Terms. If you are under the age of 13 and would like to use the Site, please ask your parent or legal guardian to review and agree to these Terms before you use the Site or ask them to complete any registration on your behalf. If you know of someone using the Site who is under age 13, please contact Picket Fence Media at privacy@SCTimes.com. Picket Fence Media may terminate, without notice, your access to the Site for failure to comply with this section.

OWNERSHIP
As between you and Picket Fence Media, Picket Fence Media owns all right, title, and interest in the Site, including the look and feel of the Site, and the content thereon except for the Content (defined below) that you submit. Your use of the Site does not grant you any ownership interest in the Site or any element thereof.

USER CONTENT
“Content” means text, images, photos, audio, video, location data, and all other forms of data provided by the users of the Site and any data extracted or compiled therefrom. The Site is a passive conduit of Content and you agree that you are solely responsible for obtaining any third party licenses or other permissions related to your Content. As a provider of an interactive services, Picket Fence Media is not liable for any statements, representations or Content provided by users using the Site. Although Picket Fence Media has no obligation to screen, edit or monitor any of the Content posted, Picket Fence Media reserves the right, in its sole and absolute discretion, to remove, screen or edit any Content posted or shared on the Site at any time and for any reason without notice.

LICENSE
Users retain ownership of all Content subject to intellectual property law. By posting Content on the Site, you hereby grant to Picket Fence Media a non-exclusive, irrevocable, royalty-free, unrestricted, worldwide and fully transferable, sub-licensable, and assignable license to use, reproduce, modify, adapt, store, host, index, cache, tag, reformat, publish, translate, encode, distribute, perform, publicly display, and create derivative works of the Content in any and all media or technology now known or hereafter developed (the “License”), including for marketing, advertising, and other commercial purposes. You grant the License in perpetuity, but in no event less than the term of any applicable worldwide copyright. You further acknowledge that Picket Fence Media may exercise its rights under the License without any obligation to compensate you (just as you have no obligation to post the Content). You waive any right you may have to object to the alteration of the Content in a manner not agreeable to you. Picket Fence Media is under no obligation to maintain the Content and may delete the Content at any time.

THIRD PARTY CONTENT
By using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Picket Fence Media takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party.

PROHIBITED CONTENT
You may not use the Site to upload, post, email, transmit, distribute, store or otherwise make available: (a) any Content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) any Content that advertises commercial activities and/or sales or solicits funds or goods or services without Picket Fence Media’s prior written consent (including the insertion of advertising into Site content). You may not post personally identifiable information (information that can be used to identify an individual) of any third party or solicit others to post third party personally identifiable information.

PROHIBITED CONDUCT
You may not use the Site to take any action that could harm Picket Fence Media or any third party, interfere with the operation of the Site, or use the Site to violate any law. By way of example but not limitation, you may not: (a) act in a manner that negatively affects other users’ ability to engage in real time exchanges; (b) alter, edit, or delete the materials on the Site, including the deletion of any trademark or copyright notices on the Site; (c) interfere with or disrupt the Site, Picket Fence Media’s servers, or networks (e.g., “Flooding” or the sending of mass unsolicited messages) or otherwise harm the Site or other users; (d) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law; (e) impersonate any person or entity or misrepresent your connection to any person or entity; (f) “stalk,” harass or otherwise advocate the stalking or harassing of another person; (f) collect or store personally identifiable information about other users in connection with the prohibited conduct and activities set forth herein; (h) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Site, including but not limited to the use of materials from the Site for the creation and/or marketing of commemorative plaques; (i) attempt to override or circumvent any security measures of the Site or Picket Fence Media’s third party providers or access parts of the Site you are not authorized to visit; (j) engage in any unauthorized screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use any other automated means to collect information from the Site; (k) use any software, tool or other device (such as browsers, spiders, or avatars) to search the Site, other than the search functionality offered through the Site or other generally available web browsers; (l) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices); (m) link directly to any image hosted on the Site in a manner that would cause the image on the Site to be hosted on another web site; (n) link to the Site in such a manner that the Site or any portion thereof is “framed” on another web site; (o) attempt to reverse-engineer or decrypt any software on the Site; or (p) facilitate or encourage the violation of any of the policies set forth in these Terms.

MOBILE SERVICE
If the Site is accessible via a mobile device, Picket Fence Media does not charge a fee for this, but your mobile service carrier fees may still apply. Further, downloading, installing, or using certain portions of the Site may be prohibited or restricted by your mobile service carrier, and not all features may function properly with all carriers, devices or software. Picket Fence Media recommends you check with your mobile service carrier to find out what restrictions, if any, may be applicable to your mobile service.

LINKS
The Site may contain links to other websites. Picket Fence Media does not monitor or check the accuracy of such third-party materials and accordingly, Picket Fence Media has no control over such third-party sites and resources. Picket Fence Media is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such third parties. If you decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third party site from the Site.

ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Picket Fence Media shall not be responsible or liable for any loss or damage incurred by you.

CONTRIBUTIONS TO PICKET FENCE MEDIA
Picket Fence Media does not solicit unsolicited feedback, ideas, documents, suggestions or other information (“Contributions”) about its products and services. If you provide a Contribution, Picket Fence Media will be free to use any Contributions provided by you for any purpose, such as improving its products and services and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third party rights or encumbrances.

MODIFICATIONS TO SITE
Picket Fence Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Picket Fence Media will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

TERMINATION
Picket Fence Media may terminate or suspend, without notice and in its sole discretion, your access to the Site.

REPRESENTATIONS AND WARRANTIES AND INDEMNITY
You represent and warrant that you have full authority to enter into and accept these Terms and grant the rights and licenses herein. With respect to Content, you represent and warrant that the Content submitted or otherwise uploaded, posted, transmitted, or shared by you on or through the Site is not defamatory, does not infringe upon the rights of any other party, is original to you, and is in compliance with these Terms, and that Picket Fence Media’s use of the Content as provided for herein will not violate or infringe the intellectual property rights of any third party. You shall defend, indemnify and hold harmless Picket Fence Media, its parents, subsidiaries, and affiliates, and all of their directors, officers, agents, shareholders, and employees against all third party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or in connection with: (a) your breach or alleged breach of the representations and warranties set forth herein; (b) your use of the Site; (c) your placement of any Content on the Site; and/or (d) your violation of these Terms or any law or regulation. Picket Fence Media reserves the right, at its own expense, to take over the defense of any claim subject to indemnification by you, and, if so, you shall cooperate with Picket Fence Media’s defense as reasonably requested in defense of the claim.

DISCLAIMER OF WARRANTIES
Picket Fence Media does not represent that the information displayed on the Site is accurate or reliable. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. PICKET FENCE MEDIA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SITE OR THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITH REGARD TO CONTENT ON THE SITE, YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING FINANCIAL OR HEALTH CONTENT OR OPINION. THE SITE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF WIRELESS APPLICATIONS AND ELECTRONIC COMMUNICATIONS, AND PICKET FENCE MEDIA IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND PICKET FENCE MEDIA’S REASONABLE CONTROL. FURTHER, PICKET FENCE MEDIA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARD TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (INCLUDING WITHOUT LIMITATION, WIRELESS DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SC TIMES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, BREACH OF USER SECURITY, TERMINATION OF USER ACCESS OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SC TIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND SC TIMES’ TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THESE TERMS FOR ANY REASON WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PERSONAL HARM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.

CHOICE OF LAW AND VENUE
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Picket Fence Media, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Orange County, California.

TRADEMARK INFORMATION
Picket Fence Media and any trademarks associated with Picket Fence Media are the property of Picket Fence Media. All trademarks on the Site that are not owned by Picket Fence Media are the property of their respective owners. In no event will any Picket Fence Media trademarks or other trademarks be deemed licensed, sold, or assigned to you as a result of your acceptance of these Terms or by your use of the Site. Any and all rights not expressly granted herein are reserved.

COPYRIGHT
The Site and the information on the Site (including text, photos, graphics, software, video, and audio) are protected by copyright law as collective works or compilations. All individual text, photos, graphics, software, video, audio, and other elements of the Site are also protected by copyright. Except for your Content or as expressly allowed by Picket Fence Media in writing, you are prohibited from publishing, displaying, reproducing, distributing, entering into a database, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Site, except that you may access and view the content on the Site on your computer or other digital device and make single copies or prints of the content on the Site for your personal, internal use only. Copying or storing any content (other than your Content) for other than personal use is prohibited without express written permission from Picket Fence Media.

COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information listed below to the Picket Fence Media copyright agent. Your notice must include all of the following:
• Your address, telephone number, and email address and all other information sufficient for us to contact you;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the allegedly infringing material is located on the Site;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the allegedly infringed copyright; and
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Send your notice to:
Brendan Healey
Baron Harris Healey
225 West Washington, Ste. 2200
Chicago, IL 60606
bhealey@bhhlawfirm.com
(312) 741-1029

GENERAL
These Terms and the Privacy Policy comprise the entire agreement between you and Picket Fence Media and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications must be in writing and sent via email or US pre-paid post to the authorized representative of the other party. If any part of these Terms is found to be illegal, unenforceable, or invalid, then that part will be removed and remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency or exclusive relationship will exist between you and Picket Fence Media. Any failure to enforce any provision of these Terms will not constitute a waiver of such rights. All indemnities, licenses, disclaimers, limitations, and restrictions of warranty will survive termination of these Terms, as well as the provisions of this “General” section.

CONTACTING PICKET FENCE MEDIA
If you have any questions regarding this Terms or SC Times, please feel free to contact Picket Fence Media at:

San Clemente Times
34932 Calle del Sol, Suite B
Capistrano Beach, CA 92624

Copyright © 2020 San Clemente Times, LLC