The Californian in Education

Ciebakersfield.com Terms of Service
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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.

The Californian in Education is a publication of The Bakersfield Californian.  The Californian in Education offers the ciebakersfield.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. Ciebakersfield.commay 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.

Personal and Noncommercial Use
The ciebakersfield.com site is for your personal and noncommercial use.
As a condition to your continued use of the Web Site, you warrant to
ciebakersfield.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 The Californian in Education
All users are encouraged to contribute information and pictures to
ciebakersfield.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 or pictures 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 and pictures 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 ciebakersfield.com an
irrevocable, nonexclusive, royalty-free license to redistribute or
republish the information in any medium or form.

DISCUSSION FORUMS
Ciebakersfield.com does not endorse and is not responsible for any
statement, opinion, advice given or made in discussion forums. Your use
of the ciebakersfield.com discussion forums is at your own risk.

Ciebakersfield.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 ciebakersfield.com (including posts to
discussion areas), regardless of whether the information or other
content violates the rules for content described in above policies.
Further, ciebakersfield.com reserves the right to limit or terminate
service to participants who violate the terms of this Agreement.

In no event will ciebakersfield.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 the
ciebakersfield.com discussion forums, or any information or services
provided on ciebakersfield.com, even if ciebakersfield.com has been
advised of the possibility of such damages, or for any claim
attributable to errors, omissions, or other inaccuracies published on
ciebakersfield.com.

Ciebakersfield.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

The Californian in Education retains full copyright ownership, rights and
protection in all material contained on ciebakersfield.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
ciebakersfield.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 ciebakersfield.com
or the copyright owner of the copied material.

None of the material contained on the ciebakersfield.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,
photoreproduction, recordation or otherwise), resold or redistributed
without the prior written consent of ciebakersfield.com. All content of
ciebakersfield.com is Copyright © 2006 The Californian in Education.
All rights reserved.

Disclaimer of Warranties
Neither ciebakersfield.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 ciebakersfield.com results in the need for
servicing or replacing property, material, equipment or data,
ciebakersfield.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 ciebakersfield.com. Ciebakersfield.com reserves
the right to change or discontinue at any time any aspect or feature of
the Web Site.

Ciebakersfield.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. Ciebakersfield.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 ciebakersfield.com.
Accordingly, ciebakersfield.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 CIEBAKERSFIELD.COM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CIEBAKERSFIELD.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 CIEBAKERSFIELD.COM SERVICES.

Limitation of Liability
IN NO EVENT SHALL CIEBAKERSFIELD.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 CIEBAKERSFIELD.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 CIEBAKERSFIELD.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIEBAKERSFIELD.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 ciebakersfield.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 ciebakersfield.com Web Site in a manner
that violates or is alleged to violate these Terms and Conditions.
Ciebakersfield.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 ciebakersfield.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 ciebakersfield.com of the sites, but is for your reference and convenience only. Ciebakersfield.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 ciebakersfield.com. Nor does ciebakersfield.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 ciebakersfield.com Web Site also contains advertisements by third
parties. Unless otherwise specifically stated on the Web Site, ciebakersfield.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 ciebakersfield.com Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Ciebakersfield.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 ciebakersfield.com Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within ciebakersfield.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 ciebakersfield.com.

Termination
You agree that ciebakersfield.com may terminate your use of the Web Site, if ciebakersfield.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 ciebakersfield.com or any third party, or for any reason with or without notice to you. You agree that ciebakersfield.com may modify or discontinue ciebakersfield.com, with or without notice to you. You agree that ciebakersfield.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.

General Provisions
You expressly agree that exclusive jurisdiction for any dispute with ciebakersfield.com, or in any way relating to your use of ciebakersfield.com ("Legal Action"), resides in the courts of the County of Kern, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Eastern District of California in Fresno, California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to northwestvoice.com must be commenced within one year after
the claim or cause of action arises or such claim or cause of action is barred.

Notice
The Californian in Education may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on ciebakersfield.com, or by written communication delivered by first class U.S. mail to your address on record in ciebakersfield.com's account information. You may give notice to Mary Lou Fulton of The Bakersfield Californian at any time via electronic mail to mfulton@bakersfield.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

The Californian in Education
1522 18th Street, Suite 304
Bakersfield, CA  93301
Phone: 661-395-7318