Agreement Between User and BCN Foundation
Please read these Terms of Use (the “Agreement”) carefully. Your use of LocalNewsMatters.org (the “Site”) constitutes your consent to this Agreement. This Agreement is between you and Bay City News Foundation (“BCN Foundation,” “we,” or “us”) concerning your use of the Site, including any materials, services, newsletters, or other content available through it. BCN Foundation is a 501(c)(3) nonprofit news organization operating under Tax ID 83-0654488, and the Site is its primary public-facing publication, Local News Matters.
Privacy Policy
Your use of the Site is subject to BCN Foundation’s Privacy Policy, located at localnewsmatters.org/terms-of-use (the “Terms of Use”). The Privacy Policy explains how we collect, use, and protect your personal information when you visit the Site, sign up for newsletters, comment, or donate. By using the Site, you represent that any information you provide is accurate and complete, and you agree to keep it updated. Please review our Privacy Policy carefully.
Editorial Independence
BCN Foundation and Local News Matters subscribe to standards of editorial independence adopted by the Institute for Nonprofit News (INN), of which we are a member. Our organization retains full authority over editorial content to protect the best journalistic and business interests of our organization. We maintain a strict firewall between news coverage decisions and sources of all revenue. Acceptance of financial support does not constitute implied or actual endorsement of donors or their products, services, or opinions. We accept gifts, grants, and sponsorships from individuals and organizations for the general support of our activities, but our news judgments are made independently and not on the basis of donor support. We do not give supporters the right to assign, review, or edit content. We will cede no right of review or influence of editorial content, nor of unauthorized distribution of editorial content. Sponsored content and paid partnerships are clearly labeled as such and are kept editorially separate from our news coverage.
Donor Transparency
We are committed to transparency in how Local News Matters is funded. Accepting financial support does not mean we endorse donors or their products, services, or opinions. We accept gifts, grants, and sponsorships from individuals, organizations, and foundations to support our general operations and specific coverage areas. Our news judgments are made independently and are not influenced by donors. We will make public all donors who give $5,000 or more per year. We do not endorse political candidates. We will not accept donations from sources that, in the judgment of our board of directors, present a conflict of interest with our work or compromise our editorial independence.
Rules of Conduct
In connection with the Site, you agree not to: • Post, transmit, or make available any content that is threatening, harassing, degrading, hateful, defamatory, libelous, fraudulent, obscene, indecent, or pornographic, or that otherwise fails to respect the rights and dignity of others; • Post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other protected characteristic; • Post content that incites violence or constitutes harassment; • Upload or transmit any virus, malware, spyware, or other harmful code; • Use the Site for any commercial, fraudulent, or unlawful purpose; • Harvest or collect information about other users of the Site; • Interfere with or disrupt the operation of the Site or its servers; • Impersonate any person or entity or misrepresent your affiliation; • Restrict or inhibit any other person from using the Site; • Reproduce, modify, sell, or otherwise exploit any portion of the Site without our written consent; • Reverse engineer or decompile any software used on the Site; • Frame or mirror any portion of the Site without our written consent; • Use any robot, spider, scraping tool, or other automated means to retrieve or index Site content without our prior written consent (see Scraping and AI section below); or • Remove any copyright, trademark, or other proprietary notice from the Site. Notwithstanding the foregoing, we grant operators of public search engines limited permission to crawl the Site solely for the purpose of creating publicly available searchable indices, subject to compliance with our robots.txt file. We reserve the right to revoke this permission at any time.
Scraping, Data Mining, and AI Training Prohibition
Unauthorized automated retrieval, scraping, data mining, or harvesting of content from this Site is prohibited without our express prior written permission. This includes, without limitation: • Using automated tools, bots, or scripts to bulk-download Site content; • Using Site content — in whole or in part — to train, fine-tune, or otherwise develop machine learning models, artificial intelligence systems, or large language models without our express written consent; and • Any commercial aggregation or redistribution of Site content. The Creative Commons license described in our Republication section below does not constitute permission for AI or machine learning training data use. BCN Foundation reserves all rights not expressly granted. For licensing inquiries, contact info@baycitynews.com.
User-Submitted Content
Platform visitors may post comments and other materials (“User Content”) through the Site. You retain ownership of your User Content. By posting User Content, you grant BCN Foundation a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, display, distribute, modify, adapt, translate, and create derivative works from your User Content in connection with our news coverage and nonprofit mission, including republication through our partner news organizations. You represent and warrant that you own or have all necessary rights to the User Content you post, and that it does not infringe the rights of any third party. BCN Foundation has no control over and is not responsible for any use of User Content by third parties. BCN Foundation may (but is not obligated to) monitor, review, edit, or remove User Content at any time, for any reason, without prior notice. We are not responsible for any User Content that appears on the Site.
Comment Policy
User comments on the Site are subject to the following community standards: • Comments must be civil, relevant, and in good faith; • Do not post comments under multiple names on the same article; • Do not post content that is defamatory, obscene, abusive, hateful, or sexually explicit; • Do not post content that violates any third party’s intellectual property or privacy rights; • Do not post spam, commercial solicitation, or promotional content; • Do not impersonate any person or organization. BCN Foundation reserves the right to remove any comment that violates these standards, or that we determine in our sole discretion to be otherwise inappropriate, without prior notice or explanation. Repeat violators may have their commenting privileges revoked. To report a comment you believe violates these standards, email info@baycitynews.com.
Republication License
All content published on LocalNewsMatters.org — including articles, photographs, illustrations, graphics, videos, audio, interactives, and any other materials — is the property of Bay City News Foundation or its licensors and is protected by U.S. and international copyright law. All rights are reserved. NO REPUBLICATION WITHOUT PERMISSION: You may not reproduce, republish, distribute, transmit, display, broadcast, adapt, translate, or otherwise use any Local News Matters content, in whole or in part, without the prior express written permission of Bay City News Foundation, except as expressly permitted below. PERMITTED PERSONAL USE: You may view and print a single copy of any article solely for your own personal, noncommercial reference, provided you do not modify the content and you retain all copyright and proprietary notices. SHARING AND LINKING: You may share links to our articles on social media or via email. Any such sharing must link to the original article on LocalNewsMatters.org. Framing, mirroring, or embedding our content on another site without our written consent is prohibited. QUOTATION: Brief quotations from our articles for purposes of commentary, criticism, news reporting, or education — consistent with fair use under 17 U.S.C. § 107 — are permitted, provided they clearly attribute Local News Matters / Bay City News Foundation and link to the original article if published online. PHOTOGRAPHS AND MEDIA: Photographs, graphics, illustrations, and other visual media may be subject to third-party copyrights held by freelancers, wire services, or other rights holders. No photographs or visual media may be reproduced or republished without a separate written license from BCN Foundation or the applicable rights holder. For photo licensing inquiries, contact info@baycitynews.com. RSS FEEDS: Our RSS feeds are available for personal, noncommercial use only, with clear attribution to Local News Matters / Bay City News Foundation. Commercial aggregation, redistribution, or monetization of our RSS content without prior written permission is prohibited. PARTNER ORGANIZATIONS: News organizations with a formal content partnership agreement with BCN Foundation may republish content solely under the specific terms of that agreement. This general policy does not apply to those organizations. For partnership inquiries, contact info@baycitynews.com.
If you’re interested in using our content for commercial purposes, you may be interested in our wire service. Click here.
Copyright Infringement Claims (DMCA)
BCN Foundation respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, “DMCA”). FILING A TAKEDOWN NOTICE: If you believe in good faith that materials on this Site infringe your copyright, send a written notice to info@baycitynews.com. Your notice must include: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the allegedly infringing material and its URL on our Site; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (5) a statement, under penalty of perjury, that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner. Upon receipt of a valid takedown notice, we will promptly remove or disable access to the allegedly infringing material and notify the user who posted it. COUNTER-NOTICES: If you believe your User Content was removed in error, you may submit a counter-notice to our DMCA Agent including: (1) identification of the removed material and its former URL; (2) a statement under penalty of perjury that you have a good faith belief the material was removed in error; and (3) your name, address, telephone number, and consent to jurisdiction of the federal court in your district. We suggest consulting a legal advisor before filing any DMCA notice or counter-notice.
Intellectual Property and Trademarks
All content on the Site — including text, graphics, logos, images, audio, video, and software — is the property of BCN Foundation or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. “Local News Matters,” “Bay City News Foundation,” and associated logos are trademarks of BCN Foundation. All other trademarks appearing on the Site are the property of their respective owners. You may not use BCN Foundation’s trademarks or logos in connection with any product or service that is not ours, or in any manner likely to cause confusion. Nothing on this Site should be construed as granting any right to use our trademarks or logos without our express prior written consent.
Links to Third-Party Sites and Services
The Site may contain links to third-party websites and services (“Linked Sites”). Linked Sites are not under our control, and we are not responsible for their content, privacy policies, or practices. We provide these links as a convenience only, and inclusion of any link does not imply endorsement by BCN Foundation. Your use of any Linked Site is at your own risk. Certain services available through the Site are provided by third-party providers. By using such services, you acknowledge that BCN Foundation may share your information with those providers as necessary to deliver the service. These providers are contractually obligated to maintain the confidentiality and security of your data and may not use it for any other purpose.
Electronic Communications
Visiting the Site or sending emails to BCN Foundation constitutes electronic communications. You consent to receive electronic communications from us, and you agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
The Site is not directed to children under the age of 13. BCN Foundation does not knowingly collect personal information from children under 13, either online or offline. If you are under 18, you may use the Site only with permission of a parent or guardian. If you believe we have received information from a person under 13, please contact us at info@baycitynews.com and we will take appropriate action.
International Users
The Site is controlled and operated from the United States. If you access the Site from outside the U.S., you are responsible for compliance with all applicable local laws. You agree that you will not use BCN Foundation content in any country or in any manner prohibited by applicable laws, restrictions, or regulations.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) BCN FOUNDATION DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. While we strive for timeliness, integrity, and accuracy, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access will be uninterrupted. The Site may include inaccuracies, errors, or materials that conflict with this Agreement. If you become aware of any unauthorized alteration of Site content, please contact us at info@baycitynews.com.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) BCN FOUNDATION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; (B) BCN FOUNDATION WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY LINKED SITES; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF BCN FOUNDATION FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS THE SITE IN THE PRECEDING SIX MONTHS, WHICHEVER IS GREATER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BCN Foundation, its officers, directors, employees, agents, volunteers, and third-party service providers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or any services available through it; (b) any User Content you post or submit; (c) your violation of any provision of this Agreement; or (d) your violation of any applicable law or the rights of any third party.
Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES, rather than in court by a judge or jury. ARBITRATION IS ON AN INDIVIDUAL BASIS ONLY. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. You and BCN Foundation each waive the right to a trial by jury and the right to participate in any class or representative proceeding. BEFORE INITIATING ARBITRATION, you must send BCN Foundation a written Notice of Claim by certified mail to: BCN Foundation Legal, 900 Hilldale Ave., Berkeley, CA 94708. The Notice must include your full name, contact information, a description of the dispute, and the relief you seek. Both parties will attempt to resolve the dispute informally for 60 days. If unresolved, either party may initiate arbitration. The arbitrator’s decision will be final and binding and may be entered in any court with jurisdiction. Nothing in this Agreement prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf. This arbitration provision shall survive termination of this Agreement.
Class Action Waiver
ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE ACTIONS OF ANY KIND ARE NOT PERMITTED. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.
Limitation on Legal Actions
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED, regardless of any statute or law to the contrary.
Termination / Access Restriction
BCN Foundation reserves the right, in its sole discretion, to terminate or suspend your access to the Site at any time, with or without notice, for any reason, including violation of this Agreement. Upon termination, your right to use the Site will immediately cease. Any User Content you have submitted may remain on the Site. Sections of this Agreement that by their nature should survive termination (including Intellectual Property, Republication, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Arbitration) will survive termination.
Governing Law
This Agreement is governed by the laws of the State of California and the United States (including federal arbitration law), without regard to conflict of law principles. You consent to the exclusive jurisdiction and venue of courts in the State of California for any disputes not subject to arbitration. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms.
California Consumer Privacy Rights (CCPA)
If you are a California resident, the California Consumer Privacy Act (CCPA) gives you specific rights regarding your personal information: • RIGHT TO KNOW: You have the right to request that we disclose what personal information we collect about you, the categories of sources, the purposes for which we use it, and the categories of third parties with whom we share it. • RIGHT TO DELETE: You have the right to request that we delete personal information we have collected from you, subject to certain exceptions. • RIGHT TO OPT OUT: BCN Foundation does not sell your personal information. If this practice changes, we will update this section and provide an opt-out mechanism. • RIGHT TO NON-DISCRIMINATION: We will not discriminate against you for exercising any CCPA rights. To submit a CCPA request, email info@baycitynews.com with the subject line “California Privacy Request.” We will respond within 45 days.
Parental Controls Notification
We notify you that parental control protections — including software, hardware, and filtering services — are commercially available and may assist you in limiting access to material that is harmful to minors. BCN Foundation does not endorse any specific parental control product or service.
Miscellaneous
This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchise relationship between you and BCN Foundation. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity of the remaining provisions. BCN Foundation’s failure to enforce any provision of this Agreement shall not constitute a waiver of that provision. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and BCN Foundation with respect to the Site and supersedes all prior agreements. A printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent as other business documents. BCN Foundation will not be responsible for any failure to fulfill an obligation due to causes beyond its control.
Contact Us
For questions or comments regarding these Terms, the Site, or BCN Foundation’s policies: Bay City News Foundation, info@baycitynews.com, (510) 251-8100. For privacy and data requests: info@baycitynews.com. For republication and licensing: info@baycitynews.com. For DMCA notices: info@baycitynews.com. For content partnerships: info@baycitynews.com