1.
CONDITIONAL ACCESS.
Ownership.
By accessing this California Star Web Site, the user acknowledges all
preexisting rights of ownership and publication since the year 1846
of the content and archives and copyrights to the name and all derivatives
thereto including the proprietary computer program code within the respective
Internet Web site engineering design, copyrights, trademark, service
mark, as appropriate, and product branding of the world famous digital
graphics Web site WEBPORTAL.ORG®,
on file with USPTO, and the world famous design firm, Web Portal Design
Corp. ["Web Portal"] a California not-for-profit educational
foundation
Any reported unauthorized use, display, or claim of ownership
of the protected trademark and text or their digital facsimile by
any person or entity may result in federal litigation for declaratory
relief, or in the alternative a cause of action for infringement and
dilution of the property right, and for costs, money damages and attorney
fees.
The
User agrees to be bound by all of the terms and conditions contained
in this User Agreement ("Agreement"). The California Star Newspaper
reserves the right at its discretion to change the terms of this Agreement
and will notify users of any such changes by online postings. Your continued
use of any California Star Newspaper page or link, and or Web Portal
Design Corp. web site after the posting of any notice of change in terms
shall constitute your acceptance to be bound by any such changes.
2.
LIMITATIONS ON USE
Copyright
and Restrictions. All information displayed,
transmitted or carried on The California Star Newspaper or any Web Portal
Corp. web site (including, but not limited to, directories, guides,
news articles, opinions, reviews, text, photographs, images, illustrations,
audio clips, video clips, trademarks, service marks and the like, collectively
the "Content") is protected by copyright and other intellectual property
laws. Unless otherwise identified, the Content is owned by Web Portal
its affiliates or third party licensors, whose source code, HTML, text,
graphic representations, hyperlinks, and source code content, are provided
as a public service and are not warranteed as to functionality or suitability
for any particular user, or group of users. You may not modify, publish,
transmit, transfer, sell, reproduce, create derivative work from, distribute,
repost, perform, display, or in any way commercially exploit the name,
identity, or any of the Content or infringe upon trademarks or service
marks contained in such Content. You agree to abide by all copyright
notices and restrictions attached to any Content accessed through the
any Web Portal web site, not to alter the Content in any way, and not
to alter or remove any trademark, copyright, watermark, logo or any
other notice from copies of the Content.
Permitted
Use. You may make a single copy of the Content
displayed on any Web Portal web site for personal, noncommercial use
only, provided that you do not remove any trademarks, copyright and
any other notice contained in such Content. You shall not archive or
retain any Content in any form without the written permission from the
Corporate Legal Dept. of The California Star Newspaper. You may not
distribute (including via e-mail or the Internet), or otherwise make
available, copies to others, whether or not for payment or other consideration,
without the written permission from Corporate Legal at The California
Star Newspaper. You may submit requests for permission to retain, distribute
or reproduce to Corporate Legal
Western Regional Office of Web Portal Design Corp.
If
further information or assistance is needed, you may contact Web Portal
by e-mail at corporate@webportal.org.
Changes
in The California Star Newspaper Web Site.
The California Star Newspaper may modify, suspend, discontinue or restrict
the use of any portion of the any web page content including the availability
of any Content feature, at any time and without notice or liability.
3.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
The California Star Web Site
contains
hyperlinks, which are the copyrighted or trademarked property of their
owners to which users may access facts, views, opinions, statements
and recommendations of third party individuals and organizations. Web
Portal does
not represent or endorse the accuracy, currentness or reliability of
any advice, opinion, statement, schedule or other information displayed,
uploaded or distributed through any Web Portal web site hyperlinks.
You acknowledge that any reliance upon any such opinion, advice, statement
or information shall be at your sole risk.
The
California Star makes
no warranty regarding any hosted web site nor any content, services
or products provided through or in connection with the any web site
hosted by Web Portal. Web Portal Design Corp. expressly disclaims any
and all warranties, express or implied, including, without limitation:
(a) any warranties as to the availability, accuracy, completeness or
content of information, products or services which are part of the Web
Portal web site; and (b) warranties of fitness for a particular purpose,
or merchantability or against infringement. In no event will Web Portal,
its affiliates, licensors, employees, agents or contractors be liable
to you for any damages or losses, including without limitation indirect,
consequential special, incidental or punitive damages resulting from
or caused by use of any W alifornia Star newslink or page on any hosted
web site, its public posting bulletin boards, chat rooms, its content
or any errors or omissions in its content, even if advised of the possiblity
of such damages.
The User agrees that in the event of any liability of The
California Star,
its affiliates, licensors, employees, agents or contractors, including
without limitation any liability for damages caused or allegedly caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communications
line failure, theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortious behavior,
negligence, or under any other cause of action, shall be strictly limited
to the amount paid toWeb Portal Design Corp. by or on behalf of you
in connection with any Web Portal web site in the 12 months prior to
the claimed injury or damage.
4.
MISCELLANEOUS
This
Agreement shall be governed by and construed in accordance with the
laws of the State of California, without regard to its conflicts of
law provisions. Any cause of action with respect to this Agreement and
your rights and obligations must be filed in the State of California
within one year after a cause of action arises, otherwise the cause
shall be barred as provided by statute.
5.
THE LAW
Warning!
Copyright law (United States Code, Title 17) governs all use
by you of this Web Site and its content! The work copyrighted
here may not be copied in any form without the holder's permission.
You may be subject severe penalties for copyright infringement.
Title
17 of the US Code, Section 106 lists the rights the copyright holder
of this work has: "...the owner of copyright under this title has
the exclusive rights to do and to authorize any of the following: (1)
to reproduce the copyrighted work in copies or phonorecords; (2) to
prepare derivative works based upon the copyrighted work; (3) to distribute
copies or phonorecords of the copyrighted work to the public by sale
or other transfer of ownership, or by rental, lease, or lending".
Sections 501 and 506 deal specifically with copyright infringement
and penalties: "Anyone who violates any of the exclusive rights of
the copyright owner as provided by sections 106 through 118 or of the
author as provided in section 106A(a)...is an infringer of the copyright
or right of the author, as the case may be" "Any person who infringes
a copyright willfully and for purposes of commercial advantage or private
financial gain shall be punished as provided in section 2319 of title
18."
"When any person is convicted of any violation of subsection (a),
the court in its judgment of conviction shall, in addition to the penalty
therein prescribed, order the forfeiture and destruction or other disposition
of all infringing copies or phonorecords and all implements, devices,
or equipment used in the manufacture of such infringing copies or phonorecords."
"Any person who, with fraudulent intent, removes or alters any notice
of copyright appearing on a copy of a copyrighted work shall be fined
not more than $2,500."
Finally, Title 18, Section 2319 details the punishment for your
copyright infringement: "Whoever violates section 506(a) (relating
to criminal offenses) of Title 17 shall
be punished...and such penalties shall be in addition to any other provisions
of Title 17 or any other law." "Any person who commits an offense under
subsection (a) of this section shall be imprisoned not more than 5 years,
or fined in the amount set forth in this title, or both, if the offense
consists of the reproduction or distribution, during any 180-day period,
of at least 10 copies or phonorecords, of 1 or more copyrighted works,
with a retail value of more than $2,500 shall be imprisoned not more
than 10 years, or fined in the amount set forth in this title, or both,
if the offense is a second or subsequent offense under paragraph (1);
and shall be imprisoned not more than 1 year, or fined in the amount
set forth in this title, or both, in any other case."
California
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