Terms of Service | Privacy Policy
Last Updated: September 2013
Yocha Dehe Wintun Nation, its affiliates, subsidiaries, and partners (collectively, "YDWN," "we," "us," and "our") provide our service to you, including information about our services and publications (collectively, "Properties") subject to the following Terms of Service ("Terms"). The Terms cover all information, data, and services available at (collectively, the "Website," hereinafter referred to as "Site"). We may update these Terms by posting a new version at http://www.yochadehe.org/legal/ and your continued use of the service after any such update constitutes your binding acceptance of such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms. The Terms of Service and the Privacy Policy (collectively, the "Terms") constitute a legally binding agreement between you and YDWN: by using the Services in any way, you are agreeing to be bound by and comply with the Terms.
Without limitation, you agree to refrain from the following actions while using the Site:
Please report any violations of these Terms to: __________.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.
The Site may contain features that require registration ("Restricted Areas"). You are not required to register to use the Site, but may not be able to access some content without registration. At the time of registration for online account access, you will select a Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share them with anyone else; (b) immediately notify YDWN of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Site's Restricted Areas. You acknowledge and agree that YDWN is authorized to act on instructions received through use of your Password, and that YDWN may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
You agree that YDWN may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Site or the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
The Site is owned in its entirety by YDWN. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images or video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by YDWN. Terms. You agree:
With respect to Content designated as available for download for educational purposes ("Downloadable Content"), teachers, students, support staff, administrators and other staff of educational institutions ("Students or Educators") are authorized to download Downloadable Content to a personal computer or school server and print, reproduce, and distribute such Downloadable Content solely for use in educational settings and subject to the restrictions set forth below. The following restrictions apply to all Downloadable Content:
With respect to Read-Only Downloadable Content, no one, including a Student or Educator, is permitted to use or allow or enable the use of Read-Only Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites or computer networks, regardless of whether its predominant use is educational or not.
YDWN has no control over and is not responsible for the content of or claims made by websites, hyperlinks, or other services that may be linked to or from the Site, whether or not they may be affiliated with YDWN. Any websites linked to or from the Site are for the user's convenience only, and you access them at your own risk.
YDWN assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, YDWN does not endorse any opinions or recommendations posted by others. Any information sent through the Site is the responsibility of the person or persons sending the message. Any user who violates the Terms may be permanently banned from using the Site. You understand that all messages, advertisements, photos, sounds, images, text, files, video, or other materials (collectively "Content") transmitted through or linked from the Site, are solely the responsibility of the user from whom such Content originated. You understand that YDWN does not control, and is not responsible for Content available on the Site. You agree that YDWN does not pre-screen, monitor or approve any Content, but that the Site thereof shall have the right, but not the obligation to remove, move, refuse, edit or delete any Content for any reason whatsoever, including, without limitation, that the Content is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation. YDWN shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will YDWN be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. YDWN reserves the right to discipline its users by any means available to it for inappropriate use, including, without limitation, for sending messages that are unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation. YDWN further reserves the right to discipline its users by any means available for violations of these Terms, including, without limitation, by terminating or suspending your access to the Site and/or taking civil or criminal legal action against you. You understand, acknowledge, and agree that your use of the Site may expose you to the civil or criminal liability and that YDWN reserves the right (but in no way is obligated to) to take legal action to the fullest extent of the law for any violation of these Terms and/or any violation of state or federal law.
YDWN is under no obligation, however, to become involved in any conflicts or disagreements between you and other users of the Site or between you and any other third part(ies). Further, in the event that you are involved in a legal dispute (including, without limitation, threatening, being threatened, or engaging in litigation) with any user of the Site, you understand, acknowledge, and agree that YDWN is under no obligation to become involved in any way, except as required by law. Y ou agree to release YDWN from any and all claims, demands, and damages arising out of or in connection with such dispute. You further agree to defend, hold harmless, and indemnify YDWN for any claims (or alleged claims), allegations, or causes of actions against YDWN relating or arising out any dispute you may have with any user of the Site.
You are entirely responsible and liable for any Content you send or that is sent through your user account.
YDWN does not offer any credits or refunds, under any circumstance, in connection with your use of the Site.
You understand, acknowledge, consent to, and agree that YDWN may access, preserve and disclose your account information and Content you upload, send, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YDWN SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SITE. YDWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YDWN MAKES NO WARRANTY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Content available to you on the Site may contain errors and are subject to periods of interruption. While YDWN does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
EXCEPT AS PROHIBITED BY LAW, AND IN ADDITION TO THE PROVISIONS, COVENANTS, TERMS, CONDITIONS, AND AGREEMENTS CONTAINED IN PARAGRAPH 8 ABOVE, IN NO EVENT SHALL YDWN OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THE SITE, (ii) ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER USERS AND/OR THIRD-PARTIES OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY OF THE SITE'S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
If, regardless of these Terms (including, without limitation, this Limitation of Liability section), YDWN is found liable to you for any damage, including, without limitation, any damage arising from or in connection with the Site, YDWN's liability shall, under no circumstances and in no event, exceed $1.00. The foregoing limitation may not apply to you in jurisdictions that do not provide for limitations of liability.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only the United States District Court for the Eastern District of California (specifically, the division located in Sacramento, California), and you expressly consent to the jurisdiction of said court. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to YDWN:
Our copyright agent can be reached as follows:
[ADDRESS]
Email: ____________ (Please put "Copyright Infringement" in the subject line)
YDWN may, under appropriate circumstances and at YDWN's sole right and discretion, disable and/or terminate the accounts of users who may be repeat infringers.
These Terms (i.e. the Terms of Service together with the Privacy Policy) constitute the entire agreement between you and YDWN and govern your use of the Site, superseding any prior agreements between you and YDWN. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by YDWN or the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. Nothing contained in these Terms shall be deemed to constitute either a partnership, joint venture, or employee relationship, by you and YDWN and/or you and other user(s), for any purpose. You further understand, acknowledge, and agree that, except as otherwise provided in these Terms, there shall be no third party beneficiaries to these Terms.
Please report any violations (or suspected violations) of these Terms to: __________.
You understand, acknowledge, and agree that if any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You further understand, acknowledge, and agree that, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
YDWN's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YDWN.
Last Updated: October 2013
Yocha Dehe Wintun Nation, its affiliates, subsidiaries, and partners (collectively, "YDWN," "we," "us," and "our") provide our service to you, including information about our services and publications (collectively, "Properties") subject to the following Terms of Service ("Terms"). The Terms cover all information, data, and services available at (collectively, the "Website," hereinafter referred to as "Site"). We may update these Terms by posting a new version at http://www.yochadehe.org/legal/ and your continued use of the service after any such update constitutes your binding acceptance of such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms. The Terms of Service and the Privacy Policy (collectively, the "Terms") constitute a legally binding agreement between you and YDWN: by using the Services in any way, you are agreeing to be bound by and comply with the Terms.
Each time you access, use, post, submit a post or reply, or browse the Site, you signify your acceptance of the then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorized to use the Site and must discontinue use of the Site immediately.
YDWN collects personally-identifiable information ("Personal Information") that you provide to YDWN through your use of the Services, including, without limitation, data and other information that you provide when and if you register with YDWN and create a user account. Personal Information may include, but is not limited to, your name, user name, password, date of birth, occupation, home and/or work address, email address, mobile or other phone number, and any information you choose to provide.
YDWN may use the information it collects to:
You authorize the YDWN to transmit email to you to respond to your communications and administer Activities.
YDWN may disclose your personal information agents and operators under confidentiality or similar agreements, including shippers, vendors, payment processors, and advertisers, who YDWN believes reasonably need to come into contact with that information: (i) to provide products or services to you; (ii) to administer our business or the Site, including fulfilling and shipping orders; (iii) to provide customer service; (iv) to update account information; (v) to forward updates, announcements, and newsletters; (vi) to respond to your communications, and communicate with you about the Site and other activities related to the Site; (vii) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of the Site's business or operations (including without limitation in connection with bankruptcy or any similar proceedings); or (viii) as otherwise authorized by you.
YDWN may also disclose your name, email address, IP address, or other information about you, including personal information, if (i) required to do so by law, court order or subpoena, or as requested by other government, law enforcement, or investigative authority, (ii) YDWN in good faith believes that such disclosure is necessary or advisable, including without limitation to protect the rights or properties of the Site, (iii) YDWN has reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, or has breached an agreement, or if anyone else could be harmed by such activities or interference, (iv) if YDWN determines your use of the Site violates our terms of use or the rights of a third party, or (v) there is an emergency involving personal danger. You hereby consent to such disclosures. Except as set forth above, YDWN will not release your personal information to anyone else outside the Site unless YDWN has your consent.
Please note that if you post any of your personal information on the Site, such information may be collected and used by others over whom the Site has no control. YDWN is not responsible for the use by third parties of information you post or otherwise make public.
YDWN automatically receives and record non-personal information on our server logs from your browser as well as through other analysis of the Sites. Non-personal information includes without limitation your Internet Protocol ("IP") address, cookie information (as described below), the pages you request, type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of the Internet service provider, your activities while visiting the Site, and the content you accessed.
"Cookies" are small text files that allow Web sites to store and retrieve information about you from your computer system. The Site does serve cookies to track individual site usage for later aggregation. But YDWN does not use cookies in order to retrieve any information from your computer other than information originally sent in a Site cookie, such as a user code. YDWN has no control over whether and how our advertisers use cookies that originate from their website.
From time to time, YDWN may send you information with announcements and updates about the Site and your account. You may elect to opt-out of ongoing e-mail communication from YDWN, such as newsletters, subscriptions, account information, promotional materials, contest results, and survey inquiries, by using a simple "opt out" procedure. You need only reply to the communication with the word "unsubscribe" (without the quotation marks) in the body of your e-mail response and your name will be removed from that mailing list. However, if you opt-out of receiving our announcements and updates about your account, you may no longer have access to areas restricted to account members.
If your personal information changes, you may review/correct/update your personal information previously provided at any time by sending us an email at bseibel@yochadehe-nsn.gov. You may also have your personal profile data deleted from our database by sending us an email to bseibel@yochadehe-nsn.gov. However, if you have your personal profile data deleted from YDWN's database, you may forfeit entrance rights to areas restricted to account members and certain benefits for account members.
The Site does not knowingly collect personal information from children under 13. The Site does not orient this Site toward children or target them as an audience, nor does it screen them from using the Site. Some of the material on this Site is for mature audiences, and parents and guardians should take responsibility for monitoring their children's use. The Site does not collect or distribute information indicating whether a user is a child.
This Site provides links and pointers to Web sites maintained by other organizations. The Site provides these links as a convenience to users, but it does not operate, control or endorse such sites. The Site also disclaims any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites. The Site does not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer.
We understand that storing data in a secure manner is important. We store personal information using industry standard, reasonable and technically feasible, physical, technical and administrative safeguards against foreseeable risks, such as unauthorized access.
Please be aware that the Site and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond the Site's control. We cannot guarantee the security of the information on and sent from the Site.
On the Site, you may have the opportunity to follow a link to other sites that may be of interest to you. YDWN is not responsible for the privacy practices of those sites or the content provided thereon. YDWN disclaims any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions.
The Privacy Policy may be revised from time to time as YDWN add new features and services, as laws change, and as industry privacy and security best practices evolve. YDWN displays an effective date on this of the Privacy Policy so that it will be easier for you to know when there has been a change. Accordingly, you should check the Privacy Policy on a regular basis for the most current privacy practices. Each time you access, browse or use the Site in any way, you signify your acceptance of the then-current changes to the Privacy Policy applying to your personal information collected by us on and from the effective date of such changes.
Any changes in the Privacy Policy will take effect upon posting and apply only to information collected from you on and after Last Updated date, unless we provide notice or have other communications with you.
If you have any questions about this Privacy Policy, please e-mail them to ithelp@yochadehe-nsn.gov.
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