Terms of Use
SF Weekly Terms of Use
Objectives:
The web site (“Site”) contains content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the Site is governed by these Terms of Use and our Privacy Policy (collectively, “Terms”), and you should take the time to review both carefully before you use the Site. By using the Site in any way, you are agreeing to comply with these Terms. The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at https://www.sfweekly.com/about/terms, and you should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.
User Conduct:
Without limitation, you agree to refrain from the following actions while using the Site:
- Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, and in particular, that is harmful to minors, physically threatening, invasive of another’s privacy, defamatory, obscene, or that contains hate speech, as well as material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation,;
- Impersonating an employee of SF Weekly or falsely claiming affiliation with SF Weekly;
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any materials transmitted through the Site;
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- Posting adult content or explicit adult material unless:
- such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and
- you are at least 18 years of age or older and not considered to be a minor in your state of residence;
- Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs, or graphics or photographs which depict or simulate sexual acts;
- Posting adult content or explicit adult material unless:
- Harming minors in any way;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation, except in areas of our Site specifically designated for such purpose;
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
- Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site;
- Sending messages for the purpose of, or otherwise engaging in, disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;
- Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
- Interfering with or disrupting the Site or servers or networks through which the Site is provided;
- Stalking or otherwise harassing any other person;
- Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site. You understand that any materials that you post, transmit, or otherwise make available for viewing on public areas of the Site, including but not limited to comments and messages posted in response to our news articles (collectively, “User Content”) are solely the responsibility of the person from whom such User Content originated. You agree that the Site may or may not, in its sole discretion, pre-screen, monitor or approve any User Content, but that the Site shall have no obligation to pre-screen, monitor or approve such Content. You acknowledge and agree that the Site shall have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any User Content for any reason whatsoever. Any user who violates the Terms may be permanently banned, at our sole discretion, from posting ads or using the Site.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and User Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms;
- respond to claims that any Content violates the rights of third parties
- respond to your requests for customer service; or
- protect the rights, property or personal safety of the Site, its users and the public.
Use of Materials:
Any User Content that you post, transmit, or otherwise make available for viewing on public areas of the Site, including but not limited to comments and messages posted in response to our news articles (collectively, “User Content”), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Termination of Access:
The Site has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.
Copyright and Trademarks:
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Notification of Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your name, address, telephone number and e-mail address;
- A signed 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; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent can be reached as follows:
mail: 465 California St, Suite 1600, San Francisco, CA 94104
phone: 415-536-8100
fax: 415-541-9096
The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
SMS Messaging Terms of Use
SF Weekly will send you SMS messages as part of its SF Weekly Information Alerts program if you opt to receive such messages from us as described below.
- Costs. Message & data rates may apply.
- Requesting SMS messages. You may opt to receive SMS messages from us in the following ways:
- Sending a keyword to 61721. Please seehttps://www.sfweekly.com/promotions/mobileApps/#mobapp_MobileText for a list of our keywords.
- Signing up online at https://www.sfweekly.com/promotions/mobileApps/#mobapp_MobileText.
- Completing a physical paper form and submitting it to us. We will then send you a message regarding your request to receive SMS messages and you will be required to confirm your request.
- Cancelling SMS messages. To stop receiving all SMS messages from SF Weekly, text STOP, END, QUIT, CANCEL OR UNSUBSCRIBE to 61721. To stop receiving select SMS messages from SF Weekly, text the letter “e” followed by the SMS alert keyword to 61721 (e.g., for SFDEALS messages, you would text SFDEALS to us to begin receiving messages, and would text ESFDEALS to us to terminate such service).
- Customer service. For additional information on this service, text HELP to 61721, email [email protected], or call 1-877-291-1751.
- Content and Messaging Frequency. The content we deliver will depend on your selections and/or the keyword that you send to us. For example, we may offer SMS messages that contain content regarding deals, exclusive offers and prizes, happy hours, arts and theater, food, music, clubs, movies and adult entertainment. The messaging frequency will depend on the types of messages that you opt to receive from us, as outlined athttps://www.sfweekly.com/promotions/mobileApps/#mobapp_MobileText.
- Carriers. Our SMS messages are not available on all carriers. We support SMS messages on the following carriers: Alltel, AT&T, Boost, Carolina West Wireless, Cellcom, Cellular South, Cincinnati Bell, Cricket, Metro PCS, Nextel, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless