Terms of Service

Effective May 12, 2026 ยท Last updated July 8, 2026

1. Acceptance of Terms

These Terms of Service (the "Terms") form a legal agreement between you and Bakersfield Home Magazine ("we," "us," "our") and govern your access to and use of HomeMag and any related websites, applications, and integrations (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

2. Eligibility and Accounts

You must be at least 18 years of age and have the legal authority to enter into these Terms. The Service is intended for business use. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at kevin@bakhomemag.com if you suspect any unauthorized access.

3. License Grant

Subject to your continuing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business purposes. We retain all right, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to you other than as expressly stated in these Terms.

4. Acceptable Use

You agree not to:

  • reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
  • resell, sublicense, rent, lease, or commercially exploit the Service;
  • use the Service to violate any applicable law, regulation, or the rights of any third party;
  • interfere with or disrupt the Service, its servers, or any networks connected to the Service;
  • upload, transmit, or introduce any malicious code, virus, or other harmful component; or
  • attempt to gain unauthorized access to any portion of the Service or to any data not belonging to you.

5. Your Data and Business Profile Content

You retain all ownership rights in any data you submit to the Service ("Your Data"). You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and process Your Data solely as necessary to provide and maintain the Service. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

5.1 Business Profile Content and license to us

If you are an advertiser or business that maintains a profile, or you otherwise submit business information, descriptions, text, logos, photographs, images, artwork, videos, offers, hours, contact details, or other materials to the Service or to our public business directory (collectively, "Profile Content"), you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, reproduce, adapt, modify, reformat, translate, create derivative works from, publish, publicly display and perform, and distribute the Profile Content, in whole or in part, in any media now known or later developed, in order to operate, provide, promote, and market the Service, our print and digital publications, and our business directory โ€” including displaying your profile to the public, featuring it in our publications, and using it in advertising, promotional, and marketing materials for us and for you. This license continues for as long as the Profile Content is on the Service and for a commercially reasonable period afterward to the extent needed for backups, records, and materials that have already been printed, published, or distributed.

5.2 Your representations about content you provide

You represent and warrant that, for all Profile Content and any other content, information, or images you provide to us or upload to the Service:

  • you own it, or you have obtained all rights, licenses, consents, releases, and permissions necessary to submit it and to grant the license in Section 5.1;
  • you have the express consent and permission of every person, and of the owner of every property, brand, trademark, logo, copyrighted work, name, image, voice, or likeness, that is depicted in or referenced by the content, to use it and to allow us to use it as described in these Terms;
  • the content is accurate, current, and not misleading; and
  • the content does not and will not infringe, misappropriate, or violate any copyright, trademark, trade secret, right of publicity or privacy, or any other right of any third party, and does not violate any applicable law.

You are solely responsible for the content you provide. We may, but are not obligated to, review, moderate, decline to publish, or remove any Profile Content at our discretion, including content we believe may violate these Terms or the rights of others. Your indemnification obligations in Section 11 apply to your Profile Content and to your representations in this Section 5.

6. Third-Party Services

The Service integrates with third-party services, including but not limited to QuickBooks Online (Intuit, Inc.), Gmail (Google LLC), RingCentral, Inc. (business telephone and text messaging), Convirza (inbound call tracking), Stripe, Inc., and Network Merchants Inc. ("NMI"). Your use of those services is governed by the terms and privacy policies of their respective providers. We are not responsible for the availability, accuracy, or content of any third-party service, or for any consequences arising from its modification, suspension, or failure.

7. SMS and Text Messaging

By providing your mobile telephone number and opting in, you agree to receive recurring text (SMS) messages from us regarding your advertising account and related services, including customer-care, scheduling, advertising proof/approval, and account or service notifications. Messages may be sent using automated technology. Consent to receive text messages is not a condition of any purchase.

Message frequency varies. Message and data rates may apply. Reply STOP to any message to unsubscribe; after you reply STOP, we will send a single confirmation message and will not send further texts unless you opt in again. Reply HELP for help, or contact us using the details in Section 14. Mobile carriers are not liable for delayed or undelivered messages.

Our collection and use of mobile information is described in our Privacy Policy. We do not share or sell mobile telephone numbers or SMS opt-in information with third parties or affiliates for their own marketing or promotional purposes.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. You may stop using the Service at any time. Upon termination, your right to access and use the Service ceases immediately. The provisions of these Terms that by their nature should survive termination โ€” including those addressing Your Data, the license and intellectual-property restrictions, SMS consent and opt-out, third-party services, disclaimers of warranties, limitation of liability, indemnification, and governing law โ€” survive any termination of these Terms.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA STORED ON THE SERVICE WILL BE ACCURATE OR RELIABLE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAKERSFIELD HOME MAGAZINE OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Bakersfield Home Magazine and its officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

12. Changes to These Terms

We may modify these Terms from time to time. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after the changes take effect constitutes acceptance of the modified Terms.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Kern County, California, and you consent to the jurisdiction of those courts.

14. Contact

Bakersfield Home Magazine
9731 Rosedale Highway
Bakersfield, California 93312
kevin@bakhomemag.com