WEBSITE TERMS OF USE

BayJews.org (the "Project") is committed to providing you with information and support in an efficient and secure manner. The following Terms of Use set out the terms and conditions of your agreement as a user of the Project’s website at www.bayjews.org ("Project Site"). PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE USING THE PROJECT SITE. By registering with the Project Site or making any other use of the Project Site, you agree to be legally bound by the terms and conditions set forth below in this User Agreement (“Agreement”).

1. Changes to Agreement
The Project reserves the right to make changes to these terms and conditions at any time and for any reason. It is recommended that you revisit this page from time-to-time to review any potential changes. Your continued use of the Project Site after the date such modifications become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to this Agreement.

2. Additional Terms and Conditions for Certain Project Site Activities
Certain activities or services provided at or through the Project Site including, without limitation, activities or services provided by third parties, may be subject to terms and conditions in addition to those in this Agreement. Any additional terms and conditions will be available for your review upon registration for or subscription to the subject activities and services.

3. Scope of Permitted Use; Proprietary Rights
Use of the Project Site is limited to areas relating to posting information relating to or of interest to the local Jewish community, and may be edited or removed at the discretion the Project. You agree not to use the Project Site for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on the Project Site in any manner; to interfere with or disrupt the operation of the Project Site or the networks or servers connected to the Project Site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party or is otherwise unlawful or offensive; to harass or otherwise harm the Project or any other person or entity; or to engage in commercial activities of any kind without prior consent of the Project.

Posts relating to Judaism and Israel that do not express hatred toward or violence against any people are permitted. Posts which aim to harm anyone physically, mentally, or financially are prohibited.

The Project Site and all materials on the Project Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you may not use the Project Site or the material on the Project Site in any manner, except as specifically permitted in this Agreement or by express written consent of the Project.

Any unauthorized use of the Project Site will result in termination of all rights to use the Project Site and will be penalized the full extent provided for by law.

4. Disclaimer of Warranties
You agree that your use of the Project Site is entirely at your own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE PROJECT SITE AND THE MATERIALS ON THE PROJECT SITE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

5. Limitation of Liability
You agree that Project and its officers, employees, directors, agents and sponsors, including, without limitation, the San Francisco Foundation Community Initiative Funds, will not be held liable for any improper or incorrect use of the Project Site or the materials on the Project Site and assumes no responsibility for any user’s activities on the Project Site or for the inaccuracy of any content on the Project Site. In no event will these parties be liable for any direct, indirect, incidental, special, exemplary or consequential damages under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Project Site or materials on the Project Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.

6. Indemnity
You agree to indemnify, defend and hold harmless the Project and its officers, employees, directors, agents and sponsors, including, without limitation, the San Francisco Foundation Community Initiative Funds, from any and all claims, damages, losses or costs (including, without limitation, reasonable attorneys’ fees) arising directly or indirectly out of or related in any way to your breach of this Agreement or your activities in connection with the Project Site.

7. Disclaimer of Liability for Third Party Content and Links
You agree that neither the Project nor its officers, employees, directors, agents and sponsors, including, without limitation, the San Francisco Foundation Community Initiative Funds, are responsible and that these parties will not be held liable for any third party content on the Project Site or any third-party content, products or services available on another website through a link from the Project Site. Links to third-party sites are for your convenience only, and their inclusion on the Project Site does not imply any endorsement, guarantee, warranty or representation by the Project.

8. User Content; Interactive Applications; Code of Conduct
By submitting any materials, or any feedback, data, questions, comments, suggestions or the like to the Project Site (collectively “User Content”), you automatically grant (or warrant that the owner of such rights has expressly granted) the Project a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content or incorporate such User Content into any form, media or technology now known or later developed throughout the world. The Project shall have the right to further sublicense these rights to third parties. You warrant that all so-called “moral rights” in the User Content have been waived.

From time to time the Project may offer you the ability to participate in forums, chat areas, bulletin boards, or e-mail functions on the Project Site (“Interactive Applications”). The Project grants you a limited license to use the Interactive Applications subject to the following conditions:

(a) You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Project Site (“Materials”) are the sole responsibility of the person from whom the Materials originated. This means you, and not the Project, are entirely responsible for the Materials you transmit to or through the Project Site. Further, you understand that by using the Project Site you may be exposed to Materials that are offensive, objectionable or indecent.
(b) You will not upload to, distribute through or otherwise publish through the Project Site, any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
(c) Your Materials, user name, screen name and labeling of Materials shall not contain expressions of hatred, bigotry, racism or pornography and shall not infringe the copyrights, trademarks or other intellectual property rights of the Project or any third party.
(d) Your Materials shall not be directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services.
(e) Your Materials shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Project Site or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

9. Notice of Copyright Infringement.
The Project respects the intellectual property rights of others and requests that you do the same. Anyone who believes that his, her or its work has been reproduced on the Project Site in a way that constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Project Site containing the following:
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Project to locate the material;
(d) the address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Jason Moses, by any of the following means:
http://www.bayjews.org/FEEDBACK.aspx

If the Project receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material and will take reasonable steps to notify the party who originally posted it (the “posting party”) that the material has been removed. The posting party may then submit a counter notification by sending an e mail message to the Copyright Agent designated above explaining why the posting party believes that material is not infringing. To be effective, the counter notification should include:

(a) a physical or electronic signature of the posting party;
(b) identification of the material that has been removed and the location where the material was located before it was
removed;
(c) a statement under penalty of perjury that the posting party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(d) the posting party’s contact information, such as the address, telephone number and e mail address; and (e) a statement that the posting party will consent to jurisdiction of the federal court for the district in which that address is located (or, if that address is in a foreign country, in the federal court for the Northern District of California), and that the posting party will accept service of process from the person who provided the notification described above or that person’s agent.

Upon receipt of a counter notification complying with these requirements, the Project will promptly provide the person who submitted the original notification with a copy of the counter notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to the Copyright Agent designated above notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Project Site.

11. General Terms and Conditions
This Agreement constitutes the entire agreement between you and the Project in connection with your use of and access to the Project Site and supersedes any and all prior agreements or discussions, whether written or oral between you and the Project. This Agreement may only be modified by written consent of both parties or as provided in Section 1 above.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Project Site and your transactions with and through the Project Site.

You agree that the Project, in its sole discretion, may terminate your use of the Project Site immediately and without notice if the Project believes that you have acted inconsistently with the terms and conditions set forth in this Agreement.

This Agreement shall be governed by and construed in accordance with the laws the state of California without regard to the conflict of laws provisions thereof. In the event of a dispute between you and the Project arising out of or relating to this Agreement, the Project Site privacy policy or your use of the Project Site, you agree to that any such dispute shall then be determined and settled in a court of competent jurisdiction in San Francisco, California. The failure of the Project to exercise or enforce any right or provision under this Agreement does not and will not constitute waiver of any such right or provision.

If any provision of this Agreement is held unenforceable, that provision will be construed in accordance with applicable law to reflect as nearly as possible the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
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