Terms of Service

AGREEMENT BETWEEN USER AND BASIC

BASIC is the science and technology arm of the Bay Area Counsel Economic Institute, which is itself part of the Bay Area Council, a California non-profit public benefit corporation. The BASIC Web Site is comprised of various Web pages sponsored by BASIC. It includes the Communication Services described in these Terms of Use. Access to the BASIC Web Site is conditioned on your acceptance without modification of the terms contained herein. Your use of the BASIC Web Site constitutes your agreement to these terms.

MODIFICATION OF THESE TERMS OF USE; TERMINATION OF ACCESS

BASIC may change the terms under which the BASIC Web Site is offered in its sole discretion, including terminating all or any part of the site or service. BASIC reserves the right, in its sole discretion, to terminate your access to the BASIC Web Site and the related services or any portion thereof at any time, without notice.
NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use the BASIC Web Site for any purpose that is unlawful or prohibited by these terms of use. Without limiting the foregoing, you may not post to the BASIC Web Site any information that you do not have the right to post, and you may not use the BASIC Web Site in any manner that violates any law (including without limitation intellectual property laws, privacy laws, securities or antitrust laws). You may not use the BASIC Web Site in any manner which could damage, disable, overburden, or impair the BASIC Web Site or interfere with any other party’s use and enjoyment of the BASIC Web Site or in a manner in which it is not offered to you to use.

USE OF COMMUNICATION SERVICES

The BASIC Web Site may contain bulletin board services, chat areas, including without limitation the BASIC Innovator Circle (“BIC”) and the BASIC Bay Area Innovator Science and Technology Circle (the “Technology Circle”), news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). The Communication Services may be public or private, password protected or open to any person. You agree to use any of the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and comply with these terms of use. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files or post messages or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless the Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

BASIC has no obligation to monitor the Communication Services. BASIC does not control or endorse the content, messages or information found in any Communication Service and, therefore, BASIC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. However, BASIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BASIC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Regardless of whether or not a Communication Service is password protected or access to it is otherwise restricted, BASIC makes no representation that it can or will maintain any information as confidential; accordingly, you agree not to post information that you are required to or wish to keep confidential. Always use caution when giving out any personally identifying information about yourself or your company in any Communication Service.

BASIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BASIC’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BASIC OR POSTED AT ANY BASIC WEB SITE

BASIC does not claim ownership of the materials you provide to BASIC (including messages, feedback and suggestions) or post, upload, input or submit to any BASIC Web Site (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission you are granting BASIC and necessary sublicensees permission to use your Submission in connection with the operation of the BASIC Web Site in any manner consistent with the terms of use, including without limitation, copying, editing, translating publicly through the relevant Communication Services all or any part of the Submission, including your name. No compensation will be paid with respect to the use of a Submission.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your doing so does not violate any laws or regulation applicable and, or violate the right of any other person (including without limitation your employer if you are employed).

LINKS TO THIRD PARTY SITES

The BASIC Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of BASIC and BASIC is not responsible for the contents of any Linked Site, including any webcast or other transmission from a Linked Site. BASIC provides links to you (if at all) only as a convenience, and the inclusion of a link does not imply endorsement by BASIC of the site or any association with its operators.

LIABILITY DISCLAIMER

BASIC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE BASIC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, AND ANY SOFTWARE, SERVICES OR RELATED GRAPHICS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BASIC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ADVICE, IF ANY, RECEIVED VIA THE BASIC WEB SITE SHOULD NOT BE RELIED UPON FOR BUSINESS, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SUCH ADVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASIC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BASIC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BASIC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, OR SERVICES OBTAINED THROUGH THE BASIC WEB SITE, THE DISCLOSURE OF ANY INFORMATION SUBMITTED OR UPLOADED TO THE BASIC WEB SITE OR OTHERWISE ARISING OUT OF THE USE OF THE BASIC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BASIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BASIC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BASIC WEB SITE.

GENERAL PROVISIONS

This agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in the City and County of San Francisco in all disputes arising out of or relating to the use of the BASIC Web Site. Use of the BASIC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BASIC as a result of this agreement or use of the BASIC Web Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BASIC with respect to the BASIC Web Site.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the BASIC Web Site are: Copyright 2009 by BASIC. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT 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 notify BASIC’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at abuse@_________ or Copyright Agent, BASIC, _____________, San Francisco, CA

Please provide our Agent with the following information:

a) Identify the material on the craigslist site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A 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;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf
of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

BASIC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

PRIVACY AND INFORMATION DISCLOSURE

BASIC is affiliated with the Bay Area Council, and the Bay Area Council has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.bayareacouncil.org/bay_area_council_privacy.php. Your use of the BASIC Web Site or any Communications Service signifies acknowledgement of and agreement to our Privacy Policy, as supplemented here. You agree when you use any Communications Service that you are responsible for your Submission, and that you agree that you will not include in any Submission personal information that you do not wish to be public. This is true regardless of whether or not a Communications Service is password protected. You further acknowledge and agree that BASIC may, in its sole discretion, preserve or disclose your Submission, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these terms of use; respond to claims that any Submission violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of BASIC, its users or the general public.

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