Miss Cal – Terms of Use
Effective Date: April 6, 2025
PLEASE READ THESE TERMS OF USE (\"Terms\") CAREFULLY BEFORE USING THE MISS CAL WEBSITE OR ANY RELATED SERVICES (COLLECTIVELY, THE \"Service\"). BY ACCESSING OR USING THE SERVICE, YOU (\"User\" or \"you\") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
Miss Cal is an independent project and is not affiliated with, endorsed by, or sponsored by the University of California, Berkeley.
1. Acceptance of Terms
- These Terms constitute a legally binding agreement between you and Miss Cal.
- Supplemental terms or rules may apply to specific features and are hereby incorporated by reference.
2. Eligibility
- You must be at least 18 years old, or the age of majority in your jurisdiction, or have verifiable parental or guardian consent.
- You represent that you have not been previously suspended or removed from the Service.
- You affirm that all information you provide is accurate, current, and complete.
3. Account Registration & Security
- To participate in voting or competitions you must create an account and provide a valid email address.
- You are solely responsible for maintaining the confidentiality of your credentials and for all activities under your account.
- You agree to notify us immediately of any unauthorized use or security breach.
4. Voting Rules
- Unless otherwise stated, each eligible voter may cast one vote per voting period.
- Use of bots, scripts, or other automated means to vote is prohibited.
- We reserve the right to audit votes and to invalidate or delete any votes we reasonably believe were cast in violation of these Terms.
5. Content Submission & License
- Contestants and users may submit photographs, videos, text, and other materials ("User Content").
- By submitting User Content, you grant Miss Cal a worldwide, royalty‑free, non‑exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in connection with the Service and Miss Cal’s promotional activities.
- You represent and warrant that you own or have the necessary licenses, rights, and permissions to submit the User Content and to grant the foregoing license.
- You acknowledge that User Content may be publicly viewable and that you have no expectation of privacy with respect to such content.
6. Intellectual Property
- The Service and all materials therein, other than User Content, are the property of Miss Cal or its licensors and are protected by copyright, trademark, and other laws.
- Except as expressly provided in these Terms, no part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Miss Cal’s prior written permission.
7. Code of Conduct
- You agree not to upload, post, transmit, or otherwise make available any User Content that:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- violates any person’s privacy or publicity rights;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.
- You will not engage in any activity that interferes with or disrupts the Service or its infrastructure.
8. Prohibited Activities
- Reverse engineering or decompiling any part of the Service.
- Introducing viruses, malware, or any other harmful code.
- Using the Service for unauthorized advertising or commercial solicitation.
- Attempting to access other users’ accounts or private information.
9. Privacy
- Our Privacy Policy describes how we collect, use, and disclose your personal information and is incorporated by reference into these Terms.
- By using the Service, you consent to that collection and use as described.
10. Third-Party Links & Services
- The Service may contain links to third‑party websites or services not owned or controlled by Miss Cal.
- We are not responsible for any third‑party content, privacy practices, or service availability.
11. Disclaimers
- THE SERVICE IS PROVIDED \"AS IS\" AND \"AS AVAILABLE.\" MISS CAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
- WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR FREE OF HARMFUL COMPONENTS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISS CAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS.
13. Indemnification
You agree to indemnify and hold harmless Miss Cal from any claims or liabilities arising from your use of the Service or breach of these Terms.
14. Termination
- We may suspend or terminate your access at any time for any reason.
- Sections regarding ownership, warranties, and liability limitations survive termination.
15. Governing Law & Venue
- These Terms are governed by California law.
- Disputes shall be resolved in Alameda County, California courts.
16. Changes to Terms
- We may update these Terms at any time.
- Material changes will be posted on the Service, and your continued use means acceptance.
17. Contact Information
Not Legal Advice: These Terms are provided for informational purposes only and do not constitute legal advice. Consult an attorney for compliance questions.