The Southwest Voice

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. The Southwest Voice is a publication of Mercado Nuevo, an affiliate of The Bakersfield Californian. The Southwest Voice offers the swvoice.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. SWvoice.com may 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 swvoice.com site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to swvoice.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 Southwest Voice All users are encouraged to contribute information and pictures to swvoice.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 swvoice.com an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form. DISCUSSION FORUMS Swvoice.com does not endorse and is not responsible for any statement, opinion, advice given or made in discussion forums. Your use of the swvoice.com discussion forums is at your own risk. Swvoice.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 swvoice.com (including posts to discussion areas), regardless of whether the information or other content violates the rules for content described in above policies. Further, swvoice.com reserves the right to limit or terminate service to participants who violate the terms of this Agreement. In no event will swvoice.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 swvoice.com discussion forums, or any information or services provided on swvoice.com, even if swvoice.com has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on swvoice.com. Swvoice.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 Southwest Voice retains full copyright ownership, rights and protection in all material contained on swvoice.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 swvoice.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 swvoice.com or the copyright owner of the copied material. None of the material contained on the swvoice.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, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of swvoice.com. All content of swvoice.com is Copyright � 2006 The Southwest Voice. All rights reserved. Disclaimer of Warranties Neither swvoice.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 swvoice.com results in the need for servicing or replacing property, material, equipment or data, swvoice.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 swvoice.com. Swvoice.com reserves the right to change or discontinue at any time any aspect or feature of the Web Site. Swvoice.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. Swvoice.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 swvoice.com. Accordingly, swvoice.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 SOUTHWESTVOICE.COM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SOUTHWESTVOICE.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 SOUTHWESTVOICE.COM SERVICES. Limitation of Liability IN NO EVENT SHALL SOUTHWESTVOICE.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 SOUTHWESTVOICE.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 SOUTHWESTVOICE.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOUTHWESTVOICE.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 swvoice.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 swvoice.com Web Site in a manner that violates or is alleged to violate these Terms and Conditions. Swvoice.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 swvoice.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 swvoice.com of the sites, but is for your reference and convenience only. Swvoice.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 swvoice.com. Nor does swvoice.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 swvoice.com Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, swvoice.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 swvoice.com Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Swvoice.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 swvoice.com Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within swvoice.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 swvoice.com. Termination You agree that swvoice.com may terminate your use of the Web Site, if swvoice.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 swvoice.com or any third party, or for any reason with or without notice to you. You agree that swvoice.com may modify or discontinue swvoice.com, with or without notice to you. You agree that swvoice.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 swvoice.com, or in any way relating to your use of swvoice.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 swvoice.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 Northwest Voice may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on swvoice.com, or by written communication delivered by first class U.S. mail to your address on record in swvoice.com's account information. You may give notice to Lauren Ward of Mercado Nuevo at any time via electronic mail to lward@bakersfield.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: The Southwest Voice P.O. Box 80963 Bakersfield, CA 93380-0963 Phone: 661-716-8642

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