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Web Site Notice

The California Star
User Disclaimer

1. CONDITIONAL ACCESS.

Ownership. By accessing this California Star Web Site, the user acknowledges all preexisting rights of ownership and publication since the year 1846 of the content and archives and copyrights to the name and all derivatives thereto including the proprietary computer program code within the respective Internet Web site engineering design, copyrights, trademark, service mark, as appropriate, and product branding of the world famous digital graphics Web site WEBPORTAL.ORG®, on file with USPTO, and the world famous design firm, Web Portal Design Corp. ["Web Portal"] a California not-for-profit educational foundation

Any reported unauthorized use, display, or claim of ownership of the protected trademark and text or their digital facsimile by any person or entity may result in federal litigation for declaratory relief, or in the alternative a cause of action for infringement and dilution of the property right, and for costs, money damages and attorney fees.

The User agrees to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). The California Star Newspaper reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of any California Star Newspaper page or link, and or Web Portal Design Corp. web site after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.

2. LIMITATIONS ON USE

Copyright and Restrictions. All information displayed, transmitted or carried on The California Star Newspaper or any Web Portal Corp. web site (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the "Content") is protected by copyright and other intellectual property laws. Unless otherwise identified, the Content is owned by Web Portal its affiliates or third party licensors, whose source code, HTML, text, graphic representations, hyperlinks, and source code content, are provided as a public service and are not warranteed as to functionality or suitability for any particular user, or group of users. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit the name, identity, or any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the any Web Portal web site, not to alter the Content in any way, and not to alter or remove any trademark, copyright, watermark, logo or any other notice from copies of the Content.

Permitted Use. You may make a single copy of the Content displayed on any Web Portal web site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from the Corporate Legal Dept. of The California Star Newspaper. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from Corporate Legal at The California Star Newspaper. You may submit requests for permission to retain, distribute or reproduce to Corporate Legal Western Regional Office of Web Portal Design Corp.

If further information or assistance is needed, you may contact Web Portal by e-mail at corporate@webportal.org.

Changes in The California Star Newspaper Web Site. The California Star Newspaper may modify, suspend, discontinue or restrict the use of any portion of the any web page content including the availability of any Content feature, at any time and without notice or liability.

3. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

The California Star Web Site contains hyperlinks, which are the copyrighted or trademarked property of their owners to which users may access facts, views, opinions, statements and recommendations of third party individuals and organizations. Web Portal does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement, schedule or other information displayed, uploaded or distributed through any Web Portal web site hyperlinks. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

The California Star makes no warranty regarding any hosted web site nor any content, services or products provided through or in connection with the any web site hosted by Web Portal. Web Portal Design Corp. expressly disclaims any and all warranties, express or implied, including, without limitation: (a) any warranties as to the availability, accuracy, completeness or content of information, products or services which are part of the Web Portal web site; and (b) warranties of fitness for a particular purpose, or merchantability or against infringement. In no event will Web Portal, its affiliates, licensors, employees, agents or contractors be liable to you for any damages or losses, including without limitation indirect, consequential special, incidental or punitive damages resulting from or caused by use of any W alifornia Star newslink or page on any hosted web site, its public posting bulletin boards, chat rooms, its content or any errors or omissions in its content, even if advised of the possiblity of such damages.

The User agrees that in the event of any liability of The California Star, its affiliates, licensors, employees, agents or contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid toWeb Portal Design Corp. by or on behalf of you in connection with any Web Portal web site in the 12 months prior to the claimed injury or damage.

4. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the State of California within one year after a cause of action arises, otherwise the cause shall be barred as provided by statute.

5. THE LAW

Warning! Copyright law (United States Code, Title 17) governs all use by you of  this Web Site and its content! The work copyrighted here may not be copied in any form without the holder's permission. You may be subject severe penalties for copyright infringement.

Title 17 of the US Code, Section 106 lists the rights the copyright holder of this work has: "...the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending".

Sections 501 and 506 deal specifically with copyright infringement and penalties: "Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118 or of the author as provided in section 106A(a)...is an infringer of the copyright or right of the author, as the case may be" "Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in section 2319 of title 18."

"When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords." "Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500."

Finally, Title 18, Section 2319 details the punishment for your copyright infringement: "Whoever violates section 506(a) (relating to criminal offenses) of Title 17
shall be punished...and such penalties shall be in addition to any other provisions of Title 17 or any other law." "Any person who commits an offense under subsection (a) of this section shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500 shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case."


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