Last updated and effective May 25th 2018.
These Terms of Service (“Terms”) govern your use of any website, mobile/tablet application, newsletter, text list or other service (collectively, the “Services”) offered by Clarke Broadcasting Corporation (collectively “we” or “Clarke”). Review these Terms carefully before using the Services. By using any of the Services, you accept these Terms. These Terms also incorporate the Terms of Service for Clarke’s classified ads sales, which can be found below.
Changes. From time to time we may change, update or modify these Terms. If you continue to use the Services after we change the Terms, you accept all changes.
Eligibility. You must meet any age, geographic or other eligibility requirements specified on the Services to subscribe to a newsletter, publication, or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in any of the Services in whole or in part. By registering for the Services, or for any features of the Services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Service and vendor policies.
Contest Rules. All contests or sweepstakes conducted by us on the Services have additional contest rules which apply. Each website for our radio stations contains general contest rules. These general contest rules apply except to the extent contrary to any specific contest rules established for a specific contest. We will provide the rules (general or specific as applicable) to you or post them on the Services to which they apply. These rules are incorporated by reference into these Terms. If there is a conflict between these Terms and any such rules, the rules will control.
Policies will govern any services provided by third parties and any dispute between a user and that third party regarding third party services.
Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of Clarke or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Services. You further agree that you shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. For web posting, reprint, transcript or licensing requests for Clarke material, please send your request with our feedback form.
Prohibited User Conduct. You warrant and agree that, while using the Services you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Services’ content, materials or components (for example, without limitation, in an RSS feed or newsletter received from Clarke or otherwise through the Services), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Services.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services or the third party services offered on or through the Services, including without limitation any information residing on any server or database connected to the Services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Services in any manner that may interrupt, damage, disable, overburden, or impair the Services or its components, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Services in violation of Clarke’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Services in any manner that could damage, disable, overburden, or impair the Services or any of its components or interfere with any other party’s use and enjoyment of the Services or any of its components. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services.
Third-Party Content. Clarke provides third-party content or links to third-party websites on the Services. Clarke does not necessarily endorse or evaluate third-party content and websites, and Clarke does not assume responsibility for third parties’ actions or omissions. You should review the applicable Third Party Policies before you use their services.
Governing Law, Venue, and Jurisdiction. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the state of California, without regard to the conflict of law rules thereof. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Tuolumne County, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
Images and Marks. Clarke prohibits the downloading, republication, retransmission, reproduction or other use of any material owned or licensed by Clarke and published on any Service. The trademarks, logos, service marks, and trade names (collectively the “Marks”) displayed on the Services or on content available through the Services, are registered and unregistered trademarks or service marks of Clarke and third parties. All Marks not owned by Clarke that appear on or via the Services, if any, are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on or via the Services without the written permission of Clarke or the third party who may own the applicable Mark or other material. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on or via the Services is strictly prohibited.
Arbitration. We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Tuolumne County, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Termination. Clarke may terminate, change, suspend or discontinue any aspect of the Services or the Services’ components at any time. Clarke may restrict, suspend or terminate your access to the Services and/or its components if we believe you are in breach of our Terms or applicable law, or for any other reason without notice or liability. Without limitation, Clarke may, in its sole discretion and without liability, terminate the Services use privileges of users who are repeat infringers of intellectual property rights.
Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows.
By mail: DMCA Designated Agent
c/o Internet Program Director
Clarke Broadcasting Corporation
342 S. Washington St. Sonora, CA 95370
By Email: Please email ipd @ clarkebroadcasting.com [For spam filtering purposes, only email with the subject line “Clarke Copyright” will be read. All other email will be discarded.]
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Clarke to locate the material.
(iv) Information reasonably sufficient to permit Clarke to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers; Limitation of Liability. CLARKE DOES NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. CLARKE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE
AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
CLARKE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR SUBMISSION OF USER MATERIAL, EVEN IF FORESEEABLE OR EVEN IF CLARKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF CLARKE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF SERVICES (INCLUDING THOSE INCORPORATING USER MATERIAL).
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Transfer Information to the United States. The Services are operated in the United States of America (USA) and are intended for users located in the USA. If you are located outside of the USA, please note that the information you provide to us will be transferred to and processed in the USA, where laws regarding processing of personal data may be less stringent than the laws in your country.
Miscellaneous. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
APPLICATION. This describes the terms and conditions applicable to your use of our services available under the domain of this website www.myMotherLode.com (MML). If you object to the terms and conditions, please refrain from using our services because this agreement is a waiver of any and all right to sue us for damages incurred as a result of your use of myMotherLode.com.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with MML, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
MODERATION. You agree we may moderate MML access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules are incorporated herein.
SALES. Eligible Users may browse the pages and listing on MML at no charge. Eligible Users who wish to place ads through MML are subject to the fees when placing an ad on the domain www.myMotherLode.com. You authorize us to charge your credit card for any fees set forth in the ad placement process by MML. Unless noted, fees are in US dollars; tax may be additional or included as dictated by local jurisdictions and type of advertisement. To the extent permitted by law, fees are nonrefundable, even for posts we remove. See REFUND POLICY below for more detail. We may refuse purchases, which may place a hold on your account.
REFUND POLICY: Given the nature of the web only advertisements, they are non-refundable. Accurate information in your advertisement is solely your responsibility. MML is not responsible for incorrect information entered by you; we act as a passive conduit for the online distribution and publication of your content. Each advertisement is reviewed by you prior to payment. Additionally, ads are fully editable by you during the run period of the advertisement.
MML is not responsible for errors made by the advertiser while submitting their ad nor for errors made by MML’s clients when uploading ads to the MML domain.
Refunds and site outages. We make every attempt to make sure that our site is functioning properly. If the site is down (not accessible for all users) for longer than 24 hours, we will credit you the time as additional runtime on your ad. If the ad was time sensitive, for example, included an open house date, you may be entitled to a refund. Please contact us within two business days if you have any questions or complaints regarding site outages.
LISTING AND SELLING. By placing an ad on MML listing an item for sale, you are warranting that you have legal title or legal authority to sell the item contained in the listing. Listings must comply with the applicable listing rules.
MML prohibits the placement of advertisements from outside of the UNITED STATES.
CONTENT COMPLIANCE. By posting any text or images in an ad on MML or in reply to an ad on MML, you warrant that:
1. you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display said content
2. that your posted content shall not violate, misappropriate or infringe any rights of the MML Classifieds Service or any third party; shall not constitute defamation, invasion of privacy publicity, or otherwise violate any rights of any third party; is not designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
3. that your content shall not contain any unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful computer code or link to a website with harmful computer code.
MISCONDUCT AND FRAUD. MML will not tolerate fraud. Even the appearance of impropriety can disrupt the integrity of MML. Accordingly, any Eligible User we suspect of engaging in fraudulent
conduct (whether or not we prove such conduct) may have their listings removed (with NO REFUND) or have their account suspended or revoked. Fraud or misconduct shall be deemed to include (but shall not be limited to) the items specified in our general rules set forth below:
- Misrepresentation within the context of any listing, communication or transaction
- Transactional interference
- Fee avoidance
- Fraud of any type
- Breach of contract
- Harassment of Eligible Users
- Libelous communication
- Violation of any law of the United States of America or of any of its constituent states.
MML may, in its sole discretion take whatever action it deems necessary to maintain the propriety and integrity of the MML Service, even if such action includes suspension or permanent revocation of your privileges here. YOU DO NOT HAVE THE LEGAL RIGHT TO USE THIS SITE YOU HAVE A PRIVILEGE AND A LICENSE, WHICH MAY BE REVOKED AT ANY TIME.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to MML, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and MML is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your MML use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PARTNERS, SUBSIDIARIES AND OUR SUPPLIERS (“MML ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) MML ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.