Last updated: September 13, 2020
This is an agreement between Alta and our users. It governs your use of the Alta website (altaonline.com), our mobile apps, and other services (the “Sites”). Throughout these terms of service, we will refer to ourselves as “Alta,” “we,” “our,” or “us.” “You” and “your” refers to anybody using our website, mobile apps, or other services.
Your Agreement to These Terms
By using our Sites, you acknowledge and agree that you have read these Terms. You agree that all disputes with us will be resolved through arbitration (as discussed below). You accept and agree to be bound by these Terms.
Our Sites are for adults and are not suitable for people under 13. If you are under the age of 13, please do not use our Sites.
We may change these Terms from time to time. The most recent version will replace and supersede all previous versions. You should return to this page from time to time to review the rules applicable to using our Sites.
Compliance with Applicable Laws
As a condition of your access to and use of our Sites, you agree that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. Our Sites are offered for your personal and non-commercial use only, and you are prohibited from using and are expressly not granted the right to use the Sites for any other purpose.
You agree to receive emails and other electronic communications from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.
Your Account and Data
You agree that you are responsible for anything that happens on your account. Make sure you look after your account and password details. You agree not to share your account and password details with anyone.
We will do our best to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.
We may change the services we offer or suspend or cease performance of the services at any time or for any reason. We also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.
Fees and Payments
We reserve the right to charge a fee for access to any portions of our Sites or the Sites as a whole and for any other services beyond the Sites. You will not be charged for access to our Sites unless we obtain your prior agreement to pay such charges, and we will give you advance notice of any such fees. All fees, if any, will be posted prominently on the Sites. You agree to pay all fees and charges incurred through your account. 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.
Links to Third Party Services
Sometimes we may post links to other sites. We cannot control the content on other sites, and we are not responsible for the content on those sites. By linking to such sites, we do not agree with or endorse the content or owners of those sites. Please be aware that the content of those sites may also change from time to time. Even if we linked to something, we are not responsible for what is at the other end of the link.
Communications Between Us and You
If you register with us and indicate that you want to receive such information, you agree that we may communicate with you from time to time regarding our Sites and from third parties.
We reserve the right to contact you by email for purposes of informing you of changes to our Sites or these Terms. We may also contact you regarding surveys or feedback regarding the Sites.
No Unlawful or Prohibited Use/Intellectual Property
We grant you a non-exclusive, non-transferable, revocable license to access our Sites, as long as you agree with our Terms.
You agree not to use our Sites to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree that you will not try to hack us or try to sabotage our services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our Sites.
All of the content on our Sites is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Sites are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.
You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, create derivative works, transmit, or exploit in any way our materials, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.
User Generated Content
Some portions of our Sites may permit you to upload information to our Sites. You agree not to upload, distribute or otherwise publish on our Sites any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. We ask that you be courteous to other users and not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or spam. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, or other categories. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Sites. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge and agree that any submissions you make may be edited, removed, modified, published, transmitted, and displayed by us and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You grant us a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the your postings or submissions, which include without limitation the right for us or any third party we designate, 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 posting or submission by you on or to the Sites, including any posting or submission posted on or to the Sites through a third party. By making a posting or submission to our Sites, you consent to its display and publication on the Sites and for related online and offline promotional uses.
If it is against the law to use our Sites where you are, or if it is unlawful to transfer your data to the United States, do not use our Sites.
You agree to indemnify and hold harmless Alta, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Sites or breach of these Terms. You will cooperate as fully as required by us in the defense or settlement of any claim.
If we end up having a dispute because of these Terms, you agree to arbitration. Arbitration is described by the Federal Arbitration Act. Instead of brining an action in court, you or we would be required to have our dispute settled by a neutral person. This neutral person will be appointed by the American Arbitration Association or another similar service that you and we both agree on. The arbitrator’s decision and award is final. You and we also both agree not to disclose anything about the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).
Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can decide everything about the dispute. This includes the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.
If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.
If you and we have to go to arbitration, you and we will do so in California. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.
Class Action Waiver
Any arbitration will be on an individual basis. By using these Sites, you agree that you cannot make “class action” claims.
Unless both you and we agree, the arbitrator cannot group claims together.
WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITES, OR INFORMATION ACCESSIBLE THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND INFORMATION ACCESSIBLE THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITES AND INFORMATION ACCESSIBLE THEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Representations and Representations
YOU REPRESENT AND WARRANT THAT NO MATERIALS YOU SUBMIT TO US OR OUR SITES WILL VIOLATE, PLAGIARIZE, OR INFRINGE UPON THE RIGHTS OF THIRD PARTIES OR CONTAIN LIBELOUS OR UNLAWFUL MATERIAL. YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD.
If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the website, mobile apps, or other online services infringes your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
- contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
- a statement that the complainant has a good faith belief that use of the material is not authorized; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and e-mail to the following address:
Journal of Alta California
P.O. Box 14666
San Francisco, CA 94114-0666
We reserve the right to prevent you from visiting our Sites and using our services, without notice.
California Law and Enforceability
This agreement and our Sites are governed by the laws of the State of California. You agree that California has exclusive jurisdiction to anything related to our Sites.
If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our Sites.
Using the Sites does not mean that you and we are in a joint venture, employment, or partnership.
If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid.
If you have any questions or comments, please contact us. We welcome your questions regarding these terms:
Journal of Alta California
P.O. Box 14666
San Francisco, CA 94114-0666