This policy was last updated on December 20, 2017.
This policy is subject to change. Any such changes will be posted on this page. If the changes represent a material departure from our current practices with respect to the use of personal information, the changes will be posted on this page thirty (30) days prior to taking effect and registered users will be notified via e-mail.
What information do we gather about you?
What do we do with the information we gather?
With whom do we share the information that we gather?
How do I change or update my personal information?
Other information: Compliance with Legal Process
For further information, you can view our Terms of Service below.
Third party sites that offer services on our Web sites are governed by their own privacy policies. We are not responsible for the content or the privacy policies of websites to which the Services may link.
Some of these sites include:
WHAT INFORMATION DO WE GATHER ABOUT YOU?
The information gathered by the Services falls into two categories: (1) Personal information, which includes personal information you supply when you subscribe, order, complete a survey, register for one of our sites, enter a contest or provide your e-mail address and (2) Non-personal information collected through technology, which includes tracking information collected as you use the Services.
Personal Information That You Give Us
Registration Information: A registration process is required to access the full range of information and services offered across Mariposa Gazette sites.
MariposaGazette.com may require that you supply a unique e-mail address, your first and last name, and in some cases, basic demographic information (zip code, birth year) in order to register. In addition, we may ask you to supply optional information on job industry and/or job title. In addition, MariposaGazette.com may require that you supply your credit card number or other billing information, address, and phone number. You must also agree to these Policies and Terms of Service as part of the registration process.
Mariposa Gazette newspapers subscriber information: We generally obtain your name, address, telephone number, credit card number or other billing information in order to process your newspaper subscription request. As a subscriber, we request that you also provide us with your e-mail address. If you use the Mariposa Gazette Web site to manage your home delivery service, your newspaper subscriber information may be used to process online customer service requests relating to issues such as missing or late deliveries, and vacation stops and restarts.
Premium Products and Services: We collect and store billing and credit card information where required for certain purchase transactions (such as paying for a subscription or classified advertisement). This information will only be shared with third parties who perform tasks required to complete the purchase transaction. Examples of this include fulfilling orders and processing credit card payments.
User Generated Content (Including news submissions, letters to the editor, Speak Out, comments, profiles, and photo uploads): We offer opportunities for you to engage in public activities on MariposaGazette.com, including submitting comments and photos in a number of areas throughout the article comments and profiles. Any information you disclose in your submissions, along with your screen name or ID, or any image or photo, becomes public and may be used by The Mariposa Gazette and Miner for online and offline promotional or commercial uses in any and all media.
If you choose to engage in public activities, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these areas, and could be used to send you unsolicited messages. We are not responsible for this information. For more information, see the Posting Policy and read the User Generated Content section of the Terms of Service.
“Public activities” are actions you take on MariposaGazette.com that are designed to be visible to other users, including but not limited to comments on articles or blogs, participation in forums or discussion groups, news submissions, letters to the editor, Speak Out, personal blogs, and photo uploads. This feature may be disabled on the “edit profile” page. We may also feature, either through automation or by editor selection, specific user profiles or public activities to be promoted anywhere on the Services. If you choose to engage in public activities on MariposaGazette.com we may track and aggregate these public activities on your profile page.
Contests, Sweepstakes, and Special Offers: On occasion, The Mariposa Gazette and Miner collects personal information from users or subscribers in connection with optional sweepstakes, contests, or special offers. If this information is to be shared with a third party other than The Mariposa Gazette and Miner we will notify you at the time of collection. If you do not want any personal information shared, you may always decline to participate in the sweepstakes, contest, or special offer.
Special Events and Promotions: We often receive contact information regarding customers who attend Special Events and Promotions. Such information will be used as indicated at the time of collection.
Market Research Panels and User Surveys: Reader surveys and market research are valuable tools that help us better respond to consumer needs and opinions and help shape our product offerings. We may collect additional personal information from members in connection with optional reader surveys and market research activities. We may require that you supply us with your e-mail address only; name, home address and telephone number may be optional. Information that you provide to answer optional survey or market research questions may be shared, in aggregate, with advertisers and partners unless we notify you otherwise at the time of collection.
Non-Personal Information Collected Using Technology
Information Collected by Us Using Technology
Device Information: We may collect non-personal information about the computer, mobile device, or other device you use to access the Services, such as IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information.
Cookies and Beacons: In providing the Services, we use “cookies,” Web beacons and other similar technologies to recognize you and provide personalization, as well as to help us understand where our visitors are going and how much time they spend there. You will not be able to access certain areas of our Web sites if your computer does not accept cookies from us.
We also reserve the right to place a cookie on your computer with a unique anonymous number to ensure that your browser does not see the same ad over and over again, to sequence ads in a series, and to measure the number of unique visitors that have viewed a particular ad or visited a particular webpage.
Some of our advertisers may serve cookies to your browser as well. The Mariposa Gazette and Miner does not have control over cookies placed by our advertisers.
We use clear gifs in our HTML-based e-mails to let us know which e-mails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
Usage Data: We may contract with a third party to track and analyze non-personally identifiable usage and volume statistical information from our visitors and customers on our websites and mobile applications.
The Mariposa Gazette may use Google Analytics and/or Piwik, third parties, to track and analyze non-personally identifiable usage and volume statistical information from our users. We use this information to track the traffic, usability, performance, and effectiveness of our programs. We reserve the right to publish non-personally identifiable, summary information regarding our online visitors for promotional purposes and as a representative audience for advertisers. Please note that this is not personal information, only general summaries of the activities of our visitors and customers in aggregate.
We reserve the right to change the vendors who provide us with usage data. If such a change takes place, updated information will be posted here in this Policy.
IP Addresses: Our websites log Internet Protocol (IP addresses), or the location of your computer on the Internet, for systems administration and troubleshooting purposes. We use this information in an aggregate fashion to track access to our Web sites and mobile applications.
Log Files, Web Beacons, and Your Reading History: We automatically log certain usage information about your use of the Services. This information includes a reading history of the pages you view.
We may use this information in order to provide you with customized Recommendations on the Sites based on your reading history.
We also use log files in the aggregate to analyze usage of our Web sites and mobile applications.
Information Collected by Third Parties Using Technology: Some of the services and advertisements included in the Services, including MariposaGazette.com are delivered or served by third-party companies that may place or recognize cookies, Web beacons, or other technology to track certain non-personal information about our Web site users. For example, in the course of serving certain advertisements, some advertisers may place or recognize a unique cookie on your browser in order to collect certain information about your use of the Services. In many cases, this information could be used to show you ads based on your interests on other Web sites.
Your access to our websites should not be affected if you do not accept cookies served by third parties.
WHAT DO WE DO WITH THE INFORMATION WE GATHER?
Providing the Services You Request: We use the information we gather about you to enable your use of the Services, fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in and renew paid services, polls, contests, and forums.
Site Login: Your e-mail address acts as your unique identifier, but is not made public or provided to third parties without your permission. Your member login is the username you created at registration time and is associated with your e-mail address, and together with the password that you create during the registration process your username allows you to access many of the features and services available on our Web sites.
You are responsible for providing accurate registration information and for updating it as required. You are also responsible for maintaining the confidentiality of your password.
Statistical Analysis: We perform statistical, demographic and marketing analyses of users of the Services, and their subscribing and purchasing patterns, for product development purposes and to generally inform advertisers about the nature of our subscriber base. We use this information for analysis purposes, including analysis to improve customer relationships.
Customizing Your Experience: We use the information that we collect to allow advertising to be targeted to the users for whom such advertising is most pertinent. We also use this information to customize certain features of the Services to provide you with an enhanced experienced based on the type of device you are using to access the Services, and in certain cases, provide you with requested services.
Relevant Advertising: We may use demographic and preference information to allow advertising on the Services to be targeted to the users for whom they are most pertinent. This means users see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer’s experience and the effectiveness of the ads. We disclose information to third parties only in aggregate or de-identified form.
E-Mail Newsletters and Blasts: During the registration process, you may have the opportunity to subscribe to periodic e-mail newsletters and various types of announcements. We send both editorial e-mail newsletters and messages about services offered by The Mariposa Gazette and Miner and its partners and advertisers.
If you would like to opt out of these e-mails, feel free to contact us and provide all possible e-mail addresses along with the name of the newsletter from which you would like to unsubscribe. If your personally identifiable information or e-mail address changes, or if you no longer desire our service, you may also contact us to update this information.
If we decide to make changes in our e-mail practices, we will post those changes to this policy, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
E-mail to a friend: A “e-mail to a friend” feature is an easy way for users of the Services to send links to articles, photos, or other content through e-mail. The e-mail address(es) that you supply to use this service will only be used to send the requested content or feature.
WITH WHOM DO WE SHARE THE INFORMATION WE GATHER?
If you have registered to use the Services, we will not sell, rent, swap or authorize any third party to use your e-mail address or any information that personally identifies you without your permission. We do, however, share information about our audience in aggregate form.
We may perform statistical, demographic and marketing analyses of customers and their buying and purchasing patterns for product development purposes and to generally inform advertisers about the nature of our customer base. We also use such information to allow advertising to be targeted, in aggregate, to the users for whom such advertising is the most pertinent. Personal information about you as an individual will not be disclosed without your consent.
From time to time, we may offer you the opportunity to receive information and offers about products or services from our advertisers, partners or other third parties. You will have the opportunity to opt out of each primarily commercial e-mail that we send. If you sign up to receive information directly from an advertiser, partner or third party you may contact that advertiser, partner or third party directly in order to opt out of future messages from them.
If you are a print subscriber to The Mariposa Gazette and Miner, or have registered on any of our Web sites, then we may opt to share your e-mail address and other personally identifiable information with a third party service provider that sends e-mail on behalf of the newspaper. Any third party service provider will not share your e-mail address or personally identifiable information with other companies and will only send you e-mail on behalf of the newspaper. Promotional e-mails sent by an e-mail service provider will contain instructions on how to unsubscribe from future promotional e-mails sent on behalf of The Mariposa Gazette and Miner.
The Mariposa Gazette and Miner also reserves the right to contact you to discuss your account or to renew your subscription, in accordance with applicable laws.
In the future, we may sell, buy, merge or partner with other companies or businesses. In such transactions, we may include your information among the transferred assets.
Service Providers: We contract with other companies to provide services on our behalf, including credit card and billing processing, shipping, e-mail distribution, list processing, and analytics or promotions management. We provide these companies only with the information they need to perform their services. These service providers are restricted from using this data in any way other than to provide services for the Services, and they may not share, resell, or use this data for their own direct marketing purposes.
We reserve the right to disclose your opt-out information to third parties so they can suppress your name from future solicitations, in accordance with applicable laws. We may occasionally release personal information as required by law, for example, to comply with a court order or subpoena. (For more information, see the Compliance with legal process section of this policy.)
HOW DO I CHANGE OR UPDATE MY PERSONAL INFORMATION?
You may contact us by one of the means listed on our contact page if you wish to review and update your membership or account information.
How do I opt out from receiving promotional offers? If, at any time you wish to discontinue receiving any specific e-mail sent by our marketing partners or us, simply follow the unsubscribe options at the bottom of the e-mail.
If, at any time, you wish to opt out of receiving any direct mail and/or telephone solicitations from The Mariposa Gazette and Miner newspapers, you may notify us by one of the methods listed on our contact page.
Compliance With Legal Process: We may disclose personal information if we are required to do so by law or we have a good faith belief that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Services; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
COPPA Compliance: In accordance with the Children’s Online Privacy Protection Act (COPPA), The Mariposa Gazette and Miner does not knowingly collect or store any personal information, even in aggregate, about children under the age of 13.
Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical, and administrative controls to protect the information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
CHANGES TO THIS POLICY
This Policy may be amended from time to time. Any such changes will be posted on this page. If we make a significant or material change in the way we use your personal information, the change will be posted on this page thirty (30) days prior to taking effect.
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TERMS OF SERVICE and ACCEPTABLE USE
1. GENERAL RULES AND DEFINITIONS
2. CONTENT ON THE SERVICES
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, PHOTOS, CONTEST ENTRIES AND MORE
4 . ADVERTISING
5. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
6. REPRESENTATIONS AND WARRANTIES
7. REGISTRATION AND SECURITY
8. FEES AND PAYMENTS
9. COMMUNICATIONS BETWEEN THE Mariposa Gazette AND USERS
10. SOFTWARE LICENSES
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use MariposaGazette.com (the “Site”), any of the features of these sites, including but not limited to RSS, API, software and other downloads (collectively, “the Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and The Mariposa Gazette and Miner (“MPGM”, “us” or “we”).
1.2 By using the Sites, including all Content and services available through it, you agree that you shall not:
(a) Delete, modify, hack or attempt to change or alter any of the Content on the Site;
(b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
(c) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another; or
1.3 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.4 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY CONTACTING US USING ONE OF THE METHODS LISTED ON OUR CONTACT PAGE (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.5 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Sites, are intended for your personal, noncommercial use. The Services contain copyrighted material, trademarks, service marks, trade dress and other proprietary content. All materials published on the Services (including, but not limited to text, photographs, images, illustrations, logos, audio clips, video clips, and software also known as the “Content”) are protected by copyright, and owned or controlled by The Mariposa Gazette and Miner or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. You may occasionally distribute a copy of an article, or a portion of an article, in non-electronic form to a few individuals, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear. Except as provided in these Terms, you may not use, modify, republish, frame, embed, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from or otherwise exploit any Content or information from the Services, in whole or in part, without prior official written permission from The Mariposa Gazette and Miner, or the copyright holder identified in the copyright notice contained in the Content. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services. Copying, printing or storing of any Content for other than personal individual use is expressly prohibited.
Except as indicated to the contrary elsewhere on this Sites, you may view, copy, and print the Content available on the Sites subject to the following conditions:
(a) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
(b) all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
(c) the Content is not modified or altered in any way; and
(d) no graphics are used separately from accompanying text.
You may also link or hyperlink to the Sites from any Acceptable Site (as defined below), but only if:
(a) you do not frame this Site or any portion of this Site;
(b) the hyperlink to this Site is not used in a way that suggests that the Mariposa Gazette and Miner endorses you or your website;
(c) the link to this Site is not used or presented in any way that disparages the Mariposa Gazette and Miner or tarnishes, blurs or dilutes the quality of the Mariposa Gazette and Miner names or trademarks or any associated goodwill; and
(d) the link to this Site is not displayed on any Web page that displays objectionable content or links.
An “Acceptable Site” means a Web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.
2.4 The Content of the Services is owned or licensed to the Mariposa Gazette and Miner. Certain Content is furnished by third party agencies, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 The entire selection, coordination, arrangement and “look and feel” of these Services and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of these Services transfers any right, title or interest in the Services or the Content to you, and the Mariposa Gazette and Miner and its third party providers retain all of its and their respective right, title and interest to the Services and Content.
2.6 Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
2.7 Our Sitess are all directed to people who are at least 13 years old or older. We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act),
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING NEWS, LETTERS, COMMENTS, PHOTOS, CONTEST ENTRIES AND MORE
3.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Be courteous and considerate of our family-oriented audience. You agree that you will not threaten or verbally abuse other Members, use defamatory or inflammatory language, post sexually-explicit content, encourage others to engage in unlawful activities, or deliberately disrupt discussions with repetitive messages, meaningless/irrelevant messages, commercial solicitation, or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. The Mariposa Gazette and Miner encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
You must be the author of the submission and agree to use your full name and not a pseudonym. Submissions found to be submitted under a false name will be removed and the associated account will be deleted. Postings must not contain information that is knowingly false, misleading or inaccurate; or subject to copyright, trademark or publication restrictions.
You may not impersonate another user or a Mariposa Gazette and Miner staff member by choosing a similar screen name. You must disclose conflicts of interest.
Due to Children’s Online Privacy Protection Act (COPPA) regulations, we are unable to accept content submitted directly from children under age 13.
3.2 The Services shall be used only in a personal, noncommercial manner. You shall not, without the express written approval of the Mariposa Gazette and Miner, distribute or otherwise publish any material from the Services to be included any solicitation of funds, advertising or solicitation for goods or services, whether intended for profit or non-profit.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by The Mariposa Gazette and Miner and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant the Mariposa Gazette and Miner a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for the Mariposa Gazette and Miner or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by The Mariposa Gazette and Miner, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while the Mariposa Gazette and Miner does not and cannot review every Submission and is not responsible for the content of these messages, the Mariposa Gazette and Miner reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.7 You agree to indemnify and hold The Mariposa Gazette and Miner, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company and/or the Property. Upon The Mariposa Gazette and Miner request, you will furnish The Mariposa Gazette and Miner any documentation, substantiation or releases necessary to verify your compliance with these Terms and any Additional Terms.
The Mariposa Gazette and Miner does not endorse the User Content, is not responsible for the User Content and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through this property.
In the event that we are required to seek legal remedies to recover fees and/or resolve disputes, you agree that we are entitled to recover all costs associated with such action by you, including but not limited to reasonable attorney’s fees, collection and administrative costs, within the jurisdiction of Mariposa County in the State of California.
5. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
5.1 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of that site.
5.2 The Services are available worldwide to anyone with Internet access. However, the Services may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Content of the Services, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
6. REPRESENTATIONS AND WARRANTIES
6.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; or (iii) contain any misappropriation of likeness or disclose confidential information, and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless The Mariposa Gazette and Miner and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The The Mariposa Gazette and Miner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6.2 Certain materials on the Services may be furnished by third parties, including any advertisements. Certain product, service or company designations for companies other than the The Mariposa Gazette and Miner may be mentioned in the Services for identification purposes only. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
6.3 The The Mariposa Gazette and Miner does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
7. REGISTRATION AND SECURITY
7.1 As part of the registration or account creation process, you will create login credentials by creating a username, selecting a password and providing an e-mail address. Certain users may have registered with a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use the login credentials of another person with the intent or appearance to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive; or (iv) create more than one login credential for an individual person. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Mariposa Gazette and Miner.
7.2 You shall notify The Mariposa Gazette and Miner of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
7.3 You must be 13 years or older to register or subscribe to any and all parts of the Services.
7.4 You are responsible for all usage or activity on your the The Mariposa Gazette and Miner account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
8. FEES, PAYMENTS AND REFUNDS
8.1 We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give younotice of such fees. You may cancel your account at any time. All new fees, if any, will be posted within the Sites and in other appropriate locations on the Services. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
8.2 The Mariposa Gazette and Miner may provide free or metered trials with full functionality for our digital products and online services. Before purchasing digital products and online services provided by the The Mariposa Gazette and Miner, carefully review the free trial. There are no full or pro-rated refunds on paid digital products or online services provided by the The Mariposa Gazette and Miner, regardless of reason. Terms for refunds on purchases of non-digital products or other services are those specified at the time of purchase.
9. COMMUNICATIONS BETWEEN THE MARIPOSA GAZETTE AND MINER AND USERS
9.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
9.2. The Mariposa Gazette and Miner reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Services.
9.4 The Mariposa Gazette and Miner may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
10. SOFTWARE LICENSES
10.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted bythe Sites, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software. If you download one or more of our mobile/wireless applications, you will be subject to The Mariposa Gazette and Miner End User License Agreement, which can be read during the installation process.
Company operates the Property in the United States. Information contained on the Property may not be appropriate or available for use in other locations, and access to this Property from territories where the Property, The Mariposa Gazette and Miner Content or User Content may be illegal is prohibited. If you access the Property from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use or export the Property, The Mariposa Gazette and Miner Content or User Content in violation of U.S. export laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to these Terms, any Additional Terms or your use of this Property must be filed in the County of Mariposa, City of Mariposa, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.
12.1 You may terminate your account at any time by contacting us. Your access will be suspended within three business days. Termination of paid digital products will be governed by our Cancellation and Refund Policy for Digital Products.
12.2 The Mariposa Gazette and Miner may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
13.1 This agreement is governed by the laws of the State of California, USA, exclding conflicts of law principles.
13.3 All correspondence should be made using the information available on our contact page.
13.4 You agree to report any copyright violations of the Terms of Service to The Mariposa Gazette and Miner as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Services, please notify us using our contact page. (You may use this e-mail address for general questions as well.)