Terms and Conditions of Use for thetownsyapp.com
The following Terms and Conditions of Use were created on September 28, 2020 and are effective immediately.
Townie Media (the owner of the web app known as the Townsy app) provides this Legal Terms and Conditions of Use agreement (the “Agreement”) to you, which governs your use of Townie Media website and apps subject to the following terms, conditions, policies and notices contained or referenced herein. This Agreement applies to all uses of the Townsy app, including, but not limited to, the posting of information to the Jobs, Volunteer or Events pages, or comments to an articles or other features offered on the Service.
The Townsy app is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in this Agreement. Your use of the Townsy app constitutes your binding consent to all such terms, conditions and notices. If you do not agree to be bound by this Agreement, please do not use the Townsy app.
Please read this Agreement carefully. This Agreement may change from time to time without advance notice to you, so please check back often. Such revisions are effective to you as a user of this Service immediately upon posting.
If you have any questions or comments regarding this Agreement, or use of a user’s personal information, please contact us by sending an e-mail message to firstname.lastname@example.org.
Copyright Rights: Except for content provided by users (“User Generated Content”), all copyright rights in the text, images, photographs, graphics, user interface, audio and/or video content and any other content provided on the Townsy app by Townie Media or its third-party licensors and operational service providers, including the selection, coordination, and arrangement of such content are owned by TOWNIE MEDIA, its third-party licensors or Operational Service Providers, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any TOWNIE MEDIA Content for any purposes. Nothing stated or implied on the Townsy App confers on you any license or right under any copyright of TOWNIE MEDIA or any third party. The Townsy App and the TOWNIE MEDIA content contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any TOWNIE MEDIA content or any individual design elements of the Townsy app is strictly prohibited, without the prior written consent of TOWNIE MEDIA. Requests for permission to reproduce any TOWNIE MEDIA content contained on the Townsy app should be addressed to email@example.com.
Notwithstanding the above, TOWNIE MEDIA authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Townsy app, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from the Townsy app to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TOWNIE MEDIA is prohibited.
While this section concerns copyrights held by TOWNIE MEDIA and its third-party licensors, you must accept as a condition of using the Townsy app that you may not submit, transmit, distribute, post, communicate or store (“post”) copyrightable information to the Townsy app without either
- being the copyright owner or
- having the express consent of the copyright owner.
Please see the “Posting of Information in Public Areas” section below for more information.
Notice of Copyright Infringement: If you believe that your work has been posted by a user or another third party and is accessible on this Service in a way that constitutes copyright infringement, you must follow the
Trade and Service Mark Rights: All rights in the product names, company names, trade names, logos, product packaging and designs of all TOWNIE MEDIA content or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to TOWNIE MEDIA or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of TOWNIE MEDIA or any third party.
Modification of This Agreement: TOWNIE MEDIA reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the Townsy app under Terms and Conditions. You understand, acknowledge and agree that you will be deemed to accept all changes so posted if you continue to use the Townsy app. If you do not agree to the changes in this Agreement, you understand that your only recourse will be to terminate your use of the Townsy app.
Links to Third-Party Services or Websites: The Townsy app contains links to external websites owned, operated, or managed by third parties (collectively referred to as “Linked Websites”). Such third party websites are not under the control of TOWNIE MEDIA, nor is TOWNIE MEDIA responsible for the contents, business practices or privacy policies of any Linked Website, including, without limitation, links contained anywhere on the app. TOWNIE MEDIA is providing a link to a Linked Website to you only as a convenience, and the inclusion of such links is not an endorsement by TOWNIE MEDIA in favor of any company offering services or products. If you decide to access and use Linked Websites from this the Townsy app, you understand, acknowledge and agree that you do so at your own risk. You further agree that the Townsy app, its parent company Townie Media, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party websites. This disclaimer applies even if a third party providing a Linked Website is affiliated with TOWNIE MEDIA or any of news affiliates.
Advertisers: Third party advertisers, promotional partners or sponsors (collectively, “Advertisers”) may present statements, messages, offers, advice, or promotional materials on or through the Service. Advertisers are not under the control of TOWNIE MEDIA, and the inclusion of Advertisers’ statements, messages, offers, advice, or promotional materials on or through the Townsy app is not an endorsement by TOWNIE MEDIA or any of its newspapers in favor of same. Any correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Townsy app, 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 Advertisers. You understand, acknowledge and agree that TOWNIE MEDIA and its network solutions shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Townsy app.
Shopping and E-Commerce:
Products sold through TOWNIE MEDIA. The Townsy app offers various goods and services for sale (“Products”) from local stores. We also link directly to the websites of local stores that sell goods and services. We have no responsibility or liability whatsoever for any products you may obtain from or through local stores listed in the Townsy app, even if you were directed or linked to such a website or page through the Townsy app.
If you have problem with a product, please contact the local store from which you purchased the product directly.
The Townsy app is not responsible for shipping items from stores. If you wish to have something shipped, contact the store directly.
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Townsy app are offered for sale only to end user customers or as personal gifts to end user customers and not for commercial resale.
You are responsible for any taxes imposed on the sale of products, and applicable taxes will be added to the amount charged for products purchased through the Townsy app.
DISCLAIMER OF WARRANTIES AND LIABILITY FOR ALL PRODUCTS PURCHASED THROUGH THE TOWNSY APP: EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TOWNIE MEDIA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS SOLD THROUGH THE APP. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS SOLD THROUGH THE TOWNSY APP, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Prohibited Uses Generally: You are required to comply with all applicable law in connection with your use of the Townsy app, and such further limitations as may be set forth in any written or on-screen notice from TOWNIE MEDIA. As a condition of your use of the Townsy app, you warrant that you will not use the Townsy app for any purpose that is unlawful or prohibited by this Agreement. You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Townsy app, or for purposes of registering for any promotions, contests or surveys offered through the Service;
(b) delete or revise any material or other information of any other user or of TOWNIE MEDIA;
(c) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Townsy app or any activity being conducted on the Townsy app;
(e) harvest or otherwise collect information about others, including email addresses, without their consent;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Townsy app other than the search engine available from TOWNIE MEDIA on the Townsy app and other generally available third-party web browsers (e.g., Google Chrome, Firefox, and Microsoft Edge or Safari);
(g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or
(h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Townsy app, or which, in the sole judgment of TOWNIE MEDIA, exposes TOWNIE MEDIA or any of its customers or suppliers to any liability or detriment of any type.
You also are prohibited from violating or attempting to violate the security of the Townsy app, including, without limitation:
(A) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(B) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(C) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Service;
(D) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(E) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. TOWNIE MEDIA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Posting of Content in Public Areas: If you submit, transmit, distribute, post, communicate or store (collectively, “post” or “posting”) content (including, without limitation, text, photos, audio and/or video content, graphics, news stories, or any other user-generated content (collectively, “UGC”)) in the Townsy app’s public areas, such as but not limited to events, jobs, volunteer opportunities, news tips, or comments, you are solely responsible for your own user-generated content, the consequences of posting such user-generated content, and your reliance on any user-generated content found in these areas. You understand that TOWNIE MEDIA may, but is not obligated to, monitor or review UGC in any public area and that TOWNIE MEDIA shall not have any liability whatsoever related to the content of such user-generated content, whether arising under the laws of libel, privacy, copyright, trademark, obscenity or otherwise. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
TOWNIE MEDIA may also accept the submission of user-generated content related to breaking news stories or severe weather via email and/or postal mail to newspaper personnel. Any submission of UGC via email or postal mail is also subject to this Agreement. You are solely responsible for any user-generated content that you provide to TOWNIE MEDIA or its newspapers. In consideration of being allowed to post UGC, you agree that the following actions shall constitute a material breach of this Agreement:
(a) Posting of copyrightable information without either
(i) being the copyright owner or
(ii) having the express consent of the copyright owner;
(b) Posting information that reveals trade secrets unless you own them or have a license to disclose or use any such secrets;
(c) Using a public area for any purpose in violation of local, state, national, or international laws;
(d) Posting user-generated content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(e) Posting user-generated content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by TOWNIE MEDIA in its sole discretion;
(f) Posting advertisements or solicitations of business;
(g) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
(h) Posting surveys, contests, chain letters or pyramid schemes;
(i) Impersonating another person;
(j) Uploading or distributing files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
(k) Allowing any other person or entity to use your identification for posting or viewing comments.
TOWNIE MEDIA reserves the right to review user-generated content on its Service, to remove any user-generated content, and to terminate your ability to post to the Townsy app at any time without notice, in its sole discretion.
TOWNIE MEDIA also reserves the right to disclose any user-generated content as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any UGC, in whole or in part.
License Granted: TOWNIE MEDIA does not claim ownership of the user-generated content you make to its Service, or any material you transmit, distribute, communicate or store on, to or through the Service. However, by posting user-generated content, to or through the Townsy app, or via email or postal mail, you grant TOWNIE MEDIA a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral right) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your posting. TOWNIE MEDIA is free to use any ideas, concepts, know-how, or techniques contained in any communication to the Townsy app for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. TOWNIE MEDIA is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion. By posting to or through the Townsy app, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that use of your content by TOWNIE MEDIA will not infringe or violate the rights of any third party.
Minors: Children under the age of 13 years are prohibited from participating in activities that require registration and the collection of personal information on this Service. Parents and legal guardians may register for the activity on behalf of their child, under the parent or legal guardian’s own name and personal information. Persons between the ages of 13 and 18 years may participate in most activities on this Service, unless designated otherwise. The parents or legal guardians of minor children shall be solely responsible for (a) the online content and activities of such minor; (b) monitoring such minor’s access to and use of the Service; and (c) the consequences of any use of the Townsy app by such minor. Any false or fraudulent registration or entry from any person will disqualify the person from the receipt of any contest or sweepstakes prize or other benefit.
GENERAL DISCLAIMER OF WARRANTIES: THE TOWNSY APPIS PROVIDED “AS IS.” TOWNIE MEDIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE TOWNSY APP, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. TOWNIE MEDIA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOWNIE MEDIA DISCLAIMS ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE TOWNSY APP, OR ANY PART THEREOF, (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE TOWNSY APP, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TOWNIE MEDIA OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE TOWNSY APPWILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE USE OF THE TOWNSY APPIS AT YOUR OWN RISK.
Limitation of Liability: The Townsy app may contain technical inaccuracies, typographical errors, and out of date information. (Please let us know if you see this: firstname.lastname@example.org.). Neither TOWNIE MEDIA nor any party involved in creating, producing or delivering the Townsy app, or on any website linked to this service, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special, compensatory, exemplary or punitive damages arising out of your access, use or inability to use this Service or any website linked to this Service, or any errors or omissions in the content thereof.
TOWNIE MEDIA reserves the right to alter the content of the Townsy app in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TOWNIE MEDIA has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TOWNIE MEDIA’s liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification: Upon a request by TOWNIE MEDIA, you agree to defend, indemnify and hold harmless TOWNIE MEDIA and its subsidiaries, affiliates, officers, agents, representatives, employees, co-branders, Advertisers, suppliers, operational service providers, or other partners and their respective officers, directors, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Service from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through the Townsy app, your use of the Townsy app, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Service in any manner. The Townsy app will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with this Newspaper and Infinity in asserting any available defenses.
Choice of Law and Forum: This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and TOWNIE MEDIA expressly agree to submit to the exclusive jurisdiction and venue of the courts in Sonoma County, California in all disputes arising out of or relating to the use of the Townsy app.
Severability and Integration: Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and TOWNIE MEDIA and governs your use of the Townsy app, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TOWNIE MEDIA. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
No Waiver: The failure of TOWNIE MEDIA to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
No Professional Advice: Any information supplied by any employee or agent of TOWNIE MEDIA, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Townsy app, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Miscellaneous: You agree that no joint venture, partnership, employment, or agency relationship exists between you and TOWNIE MEDIA as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of TOWNIE MEDIA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by TOWNIE MEDIA with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or TOWNIE MEDIA 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.
Termination: TOWNIE MEDIA reserves the right, in its sole discretion, to terminate your access to all or part of the Townsy app, with or without notice.