Because the Web is an evolving medium, we may need to change the terms of this Terms of Use from time to time, in which case we will post the revised Terms of Use on this site. By continuing to use the WRAL.com.com Web site after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time. From time to time, we may establish general practices, limits, or restrictions concerning the use of our site and the posting of information, comments and other materials by registered members of our community.
Registration and Posting. To post information or comments on the WRAL.com Web site, or to obtain access to certain WRAL.com services, you must become a registered user of the site. We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 18 to register to use the Service. In our registration process, you will be required to provide your e-mail address, zip code, gender, and year of birth. You also will be asked to select a password. You agree that the information you supply during the WRAL.com registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any member account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.
Termination Actions. We reserve the right to reject or terminate the use of any member name that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your WRAL.com. com password and account, and are responsible for all activities that occur under your password and account. If you discover or suspect any unauthorized use of your password or account, or any other breach of security, you agree to immediately notify Webmaster. We may terminate any member account that is inactive for an extended period of time. We reserve the right to terminate the member account of, and to restrict or deny access to our Web site or any service provided via our Web site to, anyone who violates this Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
Rights to screen content. We have the right (but not the obligation), in our sole discretion, to screen content submitted by our members and to edit, move, delete, and/or refuse to accept any content that in our judgment violates this Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
The content on the WRAL.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WRAL.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. WRAL.com(tm) is a trademark of Capitol Broadcasting Company, Inc. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WRAL.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the WRAL.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the WRAL.com Website or the Content therein. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source code contained in the WRAL.com service.
The WRAL.com Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, WRAL.com does not guarantee any confidentiality with respect to any submissions. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by a WRAL.com member, or for WRAL.com's failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via or link to from the WRAL.com site and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our site; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize WRAL.com to use the User Submissions in the manner contemplated by this site and these Terms of Service; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this site and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to WRAL.com, you hereby grant WRAL.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the WRAL.com Website and WRAL.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the WRAL.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the WRAL.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the WRAL.com Website.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WRAL.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage WRAL.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
WRAL.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and WRAL.com expressly disclaims any and all liability in connection with User Submissions. WRAL.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and WRAL.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. WRAL.com reserves the right to remove Content and User Submissions without prior notice. WRAL.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. WRAL.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WRAL.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
By using our site, you agree that you will not post or otherwise make available any content or material that:
* is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy WRAL.com;
* harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* harms minors in any way;
* impersonates any person or entity, including, but not limited to, a WRAL.com employee or another WRAL.com.com member, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
* includes personal or identifying information about another person without that person's explicit consent;
* is false, deceptive, misleading, deceitful or misinformative;
* is non-local or otherwise irrelevant;
* infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
* you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
* contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the WRAL.com Web site or any computer software or hardware or telecommunications equipment;
* interferes with or disrupts the WRAL.com.com service or servers or networks connected to WRAL.com.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the WRAL.com.com;
* intentionally or unintentionally violates any applicable local, state, national or international law;
* provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You further agree that you will not:
* contact anyone who has asked not to be contacted;
* engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community.
* collect personal data about, or the e-mail addresses of, other WRAL.com.com members for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
* repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
* take or cause to be taken any action that disrupts the normal flow of postings and dialogue on WRAL.com (such as submitting an excessive number of messages - i.e., a flooding attack), or that otherwise negatively affects other members' ability to use the WRAL.com site and/or services;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from WRAL.com.com. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use.
WRAL.com may contain links to other Web sites that are not owned or operated by WRAL.com and are separate and independent from our site. Visiting such other Web sites from WRAL.com.com is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Web site does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.
WRAL.com offers private individuals the opportunity to place classified ads on the WRAL.com. Commercial firms are prohibited from creating free listings, but they may purchase premium listings. WRAL.com reserves the right to remove listings it believes have been placed by commercial entities.
You agree that WRAL.com/Capitol Broadcasting Company, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that WRAL.com/Capitol Broadcasting Company, Inc. is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby release WRAL.com/Capitol Broadcasting Company, Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our WRAL.com.
Placement of classified ads is governed by this Terms of Use, including the following specific terms:
You represent and warrant that no classified ad you post on WRAL.com (nor any enhancement you post to an existing listing) (a) will violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), (b) will be libelous, nor (c) will it infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. You will indemnify and hold WRAL.com, its affiliated entities and its employees harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with (x) any breach or alleged breach of this warranty, and/or (y) any classified ad you post or any enhancement you post to an existing listing.
THE AGGREGATE LIABILITY OF WRAL.com ARISING OUT OF ANY CLASSIFIED AD YOU POST OR ATTEMPT TO POST ON WRAL.com.COM, ANY YELLOW PAGES LISTING YOU POST, AND ANY ENHANCEMENT YOU POST TO AN EXISTING LISTING WILL BE LIMITED TO THE AMOUNT YOU PAID TO WRAL.com, IF ANY, WITH RESPECT TO THE AD(S) AND/OR LISTINGS OUT OF WHICH THE CLAIM ARISES OR THE DISPLAY OF THE RELEVANT AD OR LISTING AT A LATER TIME, AT WRAL.com's DISCRETION. OTHERWISE, WRAL.com WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY OR ARISING OUT OF WRAL.com's FAILURE TO DISPLAY ANY CLASSIFEID AD OR ANY YELLOW PAGES LISTING, OR THE MANNER IN WHICH ANY SUCH AD OR LISTING IS DISPLAYED.
You agree to use our Web site in accordance with this Terms of Use, including our Privacy Policy.
If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment. If you see something on the site that you believe violates this Community Agreement, interferes with the ability of others to enjoy the site, or is otherwise objectionable, click the "Report Misconduct" link on that page or please notify our Customer Service Manager.
Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between members of this site, or between a member and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other members, you release WRAL.com, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the WRAL.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, WRAL.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WRAL.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
We work hard to make this Web site. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Web site.
NO WARRANTIES: YOU AGREE THAT USE OF THE WRAL.COM. WEB SITE ("WRAL.com SITE" OR "SITE") AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY WRAL.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. WRAL.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WRAL.COM. DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE WRAL.COM. SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL WRAL.com OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF WRAL.com AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO WRAL.com FOR THE USE OF THIS WEB SITE.
INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WRAL.com, ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE WRAL.com.COM SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
The WRAL.com service may be transmitted to you over various networks, and any content that you contribute may be modified to comply with this Terms of Use or to conform and adapt to our technical requirements and those of connecting networks or devices.
You are solely responsible for obtaining access to WRAL.com, and you must provide and be responsible for all equipment needed to access WRAL.com.
Our failure to exercise or enforce any of our rights or to enforce any provision of this Terms of Use will not constitute a waiver of such right or provision. If any provision of this Terms of Use 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, and that all other provisions of the Terms of Use will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Terms of Use or use of the WRAL.com site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute of any sort that might arise between you and WRAL.com.com will be governed by the laws of the United States and of North Carolina, without regard to its principles of conflict of laws. You and WRAL.com submit to the exclusive jurisdiction of the state and federal courts in the Eastern District of North Carolina.
