Welcome to modestofamous.com (the "Website" or "Modesto Famous"), a community website operated by Famous Media. By using our site, you agree to abide by the Terms of Service and Privacy Policy. Visitors thirteen years of age or older who agree to the Terms of Service may register and post content to the site. Because the web is an evolving medium, we may need to change these Terms of Service from time to time. Changes will be posted to this Terms of Service and the Effective Date of the terms will reflect the date of the changes.
Modesto Famous is a community website for Modesto, California. It provides members and other visitors to our site information on life in our community. To this end, members may post event listings, business listings, blog posts, audio, video, text, comments, stories, images, messages, and other media ("Content").
To post Content to Modesto Famous, or to obtain access to certain Modesto Famous services, you must become a registered user ("User"). To register you will be asked to chose a username and must provide a valid email address. You agree that the information you supply will be accurate that you will not supply the email address of, register under the name of, or attempt to access the site under the name of, another person. We reserve the right to reject any username we deem offensive or inappropriate. You are responsible for any content or activity associated with your account. If you suspect unauthorized use of your account, you must immediately notify Modesto Famous.
You warrant and represent that any Content that you may post on the Website is your original work product or has been granted express authorization from the copyright owner. You agree not to post content that is likely to defame or invade the privacy of an individual. You agree that Modesto Famous has no responsibility or liability for the storage or deletion of your Content. Modesto Famous is not, and does not seek to become a Content storage service. All Content posted to the site will be viewable by the public, unless noted otherwise.
You acknowledge that Content posted to Modesto Famous is not screened or edited by us, and we make no claims as to the validity or accuracy of content posted. You agree that under no circumstances will Modesto Famous be liable in any way, and that Modesto Famous shall be held harmless for any errors or omissions in your Content or the Content of other Users, or for any loss or damage of any kind incurred as a result of the use of your posting or the posting of other Users made available in connection with this Website, or generally for the accuracy, reliability, or quality of Content provided throughout the Website.
You acknowledge and agree not to not use, display, distribute, submit, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You also agree that you will not post content that is fraudulent, promotes information you know to be false and misleading, interferes or disrupts the Website or services of the Website, is pornographic in nature, is offensive to the Modesto Famous community, such as content that promotes racism, bigotry, homophobia, hatred or physical harm to any group or individual, or violates any applicable laws.
If you believe your believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Modesto Famous' Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: Eric Johnston, The Modesto Bee, 1325 H Street, Modesto CA 95352.
We do not claim ownership of individual postings, comments, text, photos or other content or materials posted by our Users. You own the content that you post.
The Website is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising this Website are also copyrighted works. You must abide by all copyright notices or restrictions contained on the Website.
By posting Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant to Modesto Famous a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, copy, modify, adapt, publish, republish, create derivative works from or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute, perform or display Content that you post (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Modesto Famous is under no obligation to pay you for your posting.
NO WARRANTIES: YOU AGREE THAT USE OF THE MODESTOFAMOUS.COM WEB SITE ("Modesto Famous SITE" OR "SITE") AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY Modesto Famous ON AN "AS IS" AND "AS AVAILABLE" BASIS. Modesto Famous MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, Modesto Famous DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE Modesto Famous SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL Modesto Famous OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF Modesto Famous AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO Modesto Famous FOR THE USE OF THIS WEB SITE.
INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Modesto Famous, ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE MODESTOFAMOUS.COM SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.