Terms and Conditions

1. Acceptance of Terms

This Website is provided by Rene Yung Communications Design Inc ("(RYCDI”- the legal parent of Our Oakland: Eastside Stories – “OOES”), subject to the following Terms of Service ("TOS"), which may be updated by us from time to time in RYCDI/OOES sole discretion. RYCDI/OOES reserves the right to alter these TOS without advance notice by any reasonable means, including without limitation by posting a revised TOS to this Website. You can determine if the TOS has been revised since your last visit to this Website by referring to the "Last Updated" date at the top of this page. Your continued use of the Website following the posting or other notification of changes and/or modifications will constitute your acceptance of the revised TOS.

These TOS apply to Our Oakland : Eastside Stories Website only. When using any services provided by RYCDI/OOES through the Website, you shall be subject to any additional RYCDI/OOES -posted guidelines or rules applicable to such services or programs. All such guidelines or rules will be provided via the Website or incorporated into the TOS.

PLEASE READ THESE TOS CAREFULLY BEFORE USING RYCDI/OOES WEBSITE. YOUR USE OF ANY OF THE WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

Any questions about the meaning or application of these TOS should be directed to stories@ouroakland.org.

2. Description of the Service

RYCDI/OOES provides users with access to a collection of online community stories and resources/information about community organizations, including a searchable database of this content that is uploaded by community members (the foregoing, collectively, the "Interactive Community"). Stories and organizational information are offered, featured and showcased through uploaded media including video, audio, written content, digital photographs and/or images (all of the foregoing, collectively with the Interactive Community, the "Services"). Unless explicitly stated otherwise by RYCDI/OOES, all features or content made available through the Website, including, without limitation, any new features added from time to time, shall be deemed to be "Services" for purposes of, and shall automatically be subject to, these TOS.

3. Information Submitted Through or In Connection With the Website

All submissions of personally identifiable information through or in connection with the Website are governed by RYCDI/OOES's Privacy Policy, which is located at http://ouroakland.org/privacy (the "Privacy Policy"). These TOS incorporate the terms of the Privacy Policy by reference.

4. Registration Obligations/Screen Names

You are not obligated to register with RYCDI/OOES in order to access the Website. However, in order to participate in Services through the Website registration is necessary. For example, in order to submit/upload information about yourself or organization, and upload story content, you are required to select a user name and to provide your email address to RYCDI/OOES. When registering you will be provided a one time login password that will be emailed to you after registration. After your first time login you will be directed to create and submit your own password. Whenever you upload a story, your user name and a link to your profile will automatically appear with your post.

We may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may impersonate another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.

In consideration of your use of the Website and Service, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, or organization and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or Service. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Websites or Services, to any third party. You are fully responsible for all interaction with the Websites and Services that occurs in connection with your password or user name. You agree to (a) immediately notify RYCDI/OOES of any unauthorized use of your password or user name or any other breach of security related to your account, the Website or Service, and (b) ensure that you "log off"/exit from your account with any Website or Services at the end of each session. RYCDI/OOES is not liable for any issues arising from your failure to comply with any of the foregoing obligations.

5. Rules of Conduct

While using the Website you will comply with all applicable laws, rules, and regulations. In addition, RYCDI/OOES expects the users of the Websites and Services to respect the rights and dignity of others. Your use of the Website and Service is conditioned on your compliance with the following Rules of Conduct.

You will not:

* Post, transmit, or otherwise make available, through or in connection with any Website or Service, anything that is or may be or that contains:

(i) threatening, harassing, abusive, bullying, degrading, hateful, or intimidating content;

(ii) defamatory content;

(iii) fraudulent or tortious content;

(iv) obscene, indecent, pornographic, profane, violent, discriminatory, or otherwise objectionable content;

(v) gang-slang or gang-promoting content;

(vi) personal attacks on other people, individually or as a group;

(vii) links to third-party commercial communications, solicitations or websites, or links to sites with chat rooms;

(viii) private or personal information that might identify another user; or

(ix) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such right. Any person who has been found to violate third party intellectual property rights or other rights may, in RYCDI/OOES 's sole discretion, be barred from submitting or posting any further

material on the Websites.

* Use the Website or Service for any fraudulent or unlawful purpose; or post, transmit, or otherwise make available any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities, or activities such as hacking.

* Post, transmit, or otherwise make available any material that would violate another person's privacy or other rights, including any materials containing your own or others' personal phone numbers or addresses.

* Post, transmit, or otherwise make available any material, non-public information about a company without the proper authorization to do so.

* Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity; or harvest or collect personally identifiable information about users of the Websites.

* Impersonate any person or entity, including, but not limited to, any RYCDI/OOES associate; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.

* Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.

* Interfere with or disrupt the operation of the Website or the servers or networks that provide the Website and Service; or disobey any requirements, procedures, policies, or regulations of such networks.

* Restrict or inhibit any other user from using the Website, including by means of hacking or defacing any portion of the Website.

* Use the Website or Service to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.

* Use the Website to advertise or offer to sell or buy any goods or services for any business purpose.

* Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of, use of, or access to the Website or Service.

* Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website or Service.

* Remove any copyright, trademark, or other proprietary rights notice contained on the Website.

* Frame or mirror any part of the Websites or Services without RYCDI/OOES 's prior written authorization.

* Create a database by systematically downloading and storing all or any of the content on the Website.

* Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any of the Website.

Additionally, you acknowledge and agree that you (and not RYCDI/OOES) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website and Service.

6. Monitoring and Disclosure of Content

You acknowledge that RYCDI/OOES does not pre-screen Submissions (as defined in Section 10 below), and that RYCDI/OOES shall not be responsible for policing, monitoring, or editing Submissions. Notwithstanding the foregoing, RYCDI/OOES shall have the right, but not the obligation, to evaluate any Submissions before allowing them to be posted on the Website, and to monitor such Submissions in order to respond to or comment upon communications by participants and in order to determine compliance with the TOS and applicable laws, rules, and regulations. In addition, RYCDI/OOES shall have the right and sole discretion, but not the obligation, to refuse to post, to alter, or to remove any content, in whole or in part, that it believes to be in violation of the TOS, or that it finds to be objectionable for any reason.

You acknowledge and agree that RYCDI/OOES may preserve all Submissions, and may disclose any Submissions and their origin(s) to any third party, if RYCDI/OOES believes that it is required to do so by law, or otherwise in order to operate the Website or Service, to protect RYCDI/OOES and its sponsors, employees, representatives, and affiliates, and the Website's registered users and visitors, to respond to claims that any Submission violates the rights of third parties, to comply with legal obligations or governmental requests, to enforce these TOS, or for any other reason or purpose.

THE WEBSITE AND THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES AND SERVICE, AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY RYCDI/OOES OR SUBMITTED TO RYCDI/OOES.

RYCDI/OOES DOES NOT MAKE ANY WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE WEBSITES WILL BE CORRECTED; OR (VI) THE WEBSITES OR THE SERVERS ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. Specifically, but without limitation, you acknowledge and agree that the Website may include inaccuracies or errors, or materials that violate or conflict with these TOS, and that third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact RYCDI/OOES at stories@ouroakland.org with a description of the material(s) at issue, and the URL or location on the Website where such material(s) appear.

7. Indemnity

You agree to defend, indemnify, and hold harmless RYCDI/OOES and its affiliated partners, sponsors, volunteers, principals, and representatives, from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of, or activities in connection with, the Website or Service; (ii) any violation of these TOS by you; or (iii) any allegation that any Submission or other materials that you post, transmit, or make available on the Websites or through the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.

8. Links

The Websites and Services may provide links to other web sites and resources, the content and features of which may change over time. Because RYCDI/OOES has no control over such sites, and resources, you acknowledge and agree that RYCDI/OOES is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, or other materials on or available from such sites or resources. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

It is possible that other sites and resources provide links to the Website (whether with or without RYCDI/OOES 's authorization). RYCDI/OOES has no control over sites and resources that provide links to the Website, and you acknowledge and agree that RYCDI/OOES does not endorse such sites and is not responsible for any links from those sites or resources to the Website or for any content, or other materials available on such other sites. You further acknowledge and agree that RYCDI/OOES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources to which RYCDI/OOES provides links or that provide links to the Website, or (ii) any content, or services available on or through any such sites or resources.

RYCDI/OOES shall have the right, at any time and in its sole discretion, to block links to the Websites through technological or other means, without prior notice.

9. Dealings With Third-Party Organizations

Your correspondence or business dealings with, or participation in third party advertisers or other third party made available on or through the Website or Service, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party and solely at your own risk. You agree that RYCDI/OOES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party on the Website or Service.

10. RYCDI/OOES 's Proprietary Rights

Subject to the Privacy Policy, by providing data, posting stories, ideas, drawings, opinions, messages, eyewitness accounts, or any other materials through the Websites (each, a "Submission"), you are granting RYCDI/OOES a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, transferable, worldwide license, without compensation to you, to (i) use, reproduce, adapt (including to derive, edit, modify, translate and reformat), transmit, distribute, and publicly perform and display any such Submissions, in any medium now known or hereafter developed, and (ii) sublicense to third parties, through multiple tiers, the unrestricted right to exercise any of the foregoing rights granted with respect to such Submissions. The foregoing grants shall include the right to exploit any proprietary rights in such Submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your Submissions that you may have under any applicable law under any legal theory. For each Submission, you represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that such Submission and your posting thereof through the Websites complies with all applicable laws, rules, and regulations. You release RYCDI/OOES from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify, defend, and hold harmless RYCDI/OOES in connection therewith. You agree and acknowledge that submission of any Submission or any other participation in the Services shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and RYCDI/OOES, other than the relationship between RYCDI/OOES and you entered into by virtue of your agreement to these TOS.

You acknowledge and agree that the content presented to you on or through the Website is and shall remain the property of RYCDI/OOES and its licensors and suppliers and is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that RYCDI/OOES owns a copyright interest in the entire contents of the Website in the aggregate as a collective work under applicable copyright laws. The collective work includes works that are licensed to RYCDI/OOES by you and/or others. Except as expressly authorized by RYCDI/OOES, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content made available on or through the Website, in whole or in part, or to otherwise use any such content other than as expressly authorized herein.

Trademarks and service marks of RYCDI/OOES include Our Oakland : Eastside Stories and any associated logos. All trademarks and service marks displayed or otherwise made available on the Website that are not owned by RYCDI/OOES are the property of their respective owners. You may not use any trade names, trademarks, or service marks owned by RYCDI/OOES, whether registered or unregistered, in connection with any product or service that is not RYCDI/OOES 's or in any manner that is likely to cause confusion. Nothing on the Website should be construed as granting, by implication, or otherwise, any license or right to use any of RYCDI/OOES’s trade name, trademark, or service mark without RYCDI/OOES's prior express written permission.

This Section 10 will survive any termination or expiration of these TOS for any reason.

11. Copyright Issues

All content on the Websites is protected under U.S. copyright laws. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from the Websites.

For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office at http://www.copyright.gov/.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.

12. Termination

These TOS, including modifications, are effective until terminated. You agree that RYCDI/OOES, in its sole discretion, may terminate your password and user name and/or your access to or use of the Website and/or Service, at any time and for any reason, including, without limitation, if RYCDI/OOES believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Upon any such termination, your right to use the Website and Service will immediately cease. You agree that any termination of your access to or use of the Website and/or the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that RYCDI/OOES may immediately deactivate or delete your password and user name, and all related information and files associated with it (including without limitation any Submissions provided by you and any materials that may be stored by you on the Website or through the Service), and/or bar any further access to such information or files, the Website, or the Service. You agree that RYCDI/OOES shall not be liable to you or any third party for any termination of your access to the Website or the Service, or any such information or files.

13. Governing Law

These TOS shall be governed and interpreted in accordance with the laws of the State of California and the United States of America, without regard to their principles of conflicts of laws.

14. Arbitration

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this Agreement or to your use (or inability to use) the Websites or Services shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of these TOS. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Alameda County in the State of California. The arbitrator's decision shall be based upon the substantive laws of the State of California without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude RYCDI/OOES from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in Alameda County in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

15. Notice

Notices to you may be made via posting to the Website, email, or regular mail, in RYCDI/OOES 's discretion. The Website and Service may also provide notices of changes to the TOS or other matters, by displaying such notices or by providing links to such notices.

16. Contests or Events

Any contests or events that may be made available by RYCDI/OOES through the Website or Service will be governed by specific rules that are separate from these TOS. By participating in such contests or events you will become subject to those rules, which may vary from the terms and conditions set forth in the TOS. RYCDI/OOES urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these TOS, governs any information you submit in connection with such contests, or events. To the extent that such rules conflict with these TOS, the terms and conditions of such rules shall govern.

17. Miscellaneous

If any part of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable sections of these TOS will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These TOS, together with all policies referred to herein, constitute the entire agreement between you and RYCDI/OOES with respect to your use of the Website or any Service and supersedes all prior or contemporaneous communications and proposals between you and RYCDI/OOES regarding such subject matter. Without limitation, you agree that a printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Information or Complaints

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you would like any further information or if you have a complaint regarding the Websites or Services, please send an e-mail to stories@ouroakland.org. You may also contact us by writing to P. O. Box 460808, San Francisco, CA 94146. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Terms and Conditions

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