Terms of Service

These Terms of Service (“Terms”) are a contract between you and By The Bay ("BTB"). They govern your use of BTB’s sites, services, and content (“Services”). By using BTB, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use BTB 😞.

We can change these Terms at any time. By using BTB on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.

Content rights & responsibilities

You own the rights to the content you create and publish on BTB.

By publishing content to BTB, you give us a nonexclusive license to publish it on BTB Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). We aim to preserve your intent as much as possible. In consideration for BTB granting you access to and use of the Services, you agree that BTB may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote BTB, including its products and content.

You’re responsible for the content you publish. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You’re welcome to post content on BTB that you’ve published elsewhere, as long as you have the rights you need to do so. By publishing content to BTB, you represent that doing so doesn’t conflict with any other agreement you’ve made. By publishing content you didn’t create to BTB, you are representing that you have the right to do so. For example, you are publishing a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.

We can remove any content you post for any reason.

You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers after you delete it.

Our content & services

We reserve all rights in BTB’s look and feel. Some parts of BTB are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of BTB, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from BTB unless otherwise permitted by law.

You may not do, or try to do, the following:
  1. Access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers
  2. Access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide
  3. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information
  4. Interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.

We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

No children

BTB is only for people 13 years old and over. By using BTB, you affirm that you are over 13. If we learn someone under 13 is using BTB, we’ll terminate their account.

Security

If you find a security vulnerability on BTB, tell us.

Incorporated rules & policies

By using the Services, you agree to let BTB collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting BTB transfer, store, and process your information (including your personal information and content) in and out of the United States.

To enable a functioning community, we have Rules.

By using BTB, you agree to follow these Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.

Miscellaneous

Disclaimer of warranty

BTB provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability

BTB won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.

No waiver

If BTB doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability

If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Choice of law and jurisdiction

These Terms are governed by California law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in San Francisco, California.

Entire agreement

These Terms (including any document incorporated by reference into them) are the whole agreement between BTB and you concerning the Services.

Copyright & DMCA policy

We’ll respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on BTB that we deem to be infringing the copyright of others. If you become aware of user content on BTB that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to BTB.

Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us via the contact information below:

Amir & Erica, Inc
ATTN: By The Bay’s Copyright Agent
50 Museum Way
San Francisco, CA 94114

Or email us at: copyright@bythebay.cool

Please send our Copyright Agent the following information:
  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf
  2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works
  3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material
  4. Your name, address, telephone number and email address
  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law
  6. 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 are authorized to act on the copyright owner's behalf.

Filing a counter-notice

If we remove your user content in response to a copyright or trademark notice, we will notify you via email. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can send a counter-notice to our Copyright Agent (contact information provided above) that includes the following:

  1. Your physical or electronic signature
  2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled
  3. A statement by you, under penalty of perjury, that you have 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
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving your counter-notice we will forward it to the complaining party and tell them we will restore your content within 14 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on BTB before that period passes, we will consider restoring your user content to the site.

It’s BTB’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

Learn more about DMCA

Check out the following resources:
United States Copyright Office
Lumen

Questions? Let us know at legal@bythebay.cool.

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