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December 09, 2007 TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. This policy should be reviewed in conjunction with our Privacy Policy. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this site. It is a explicit violation of the TERMS OF USE of this website to provide false information to us. This includes the use of proxy servers, ficticious email addresses, names, addresses or phone numbers or to seek to alter any cookies, code or access any restricted portions of the site without authorization.
Scope of Terms and Conditions
This sites, www.thebeaufortobserver.com and www.beaufortobserver.net are owned and operated by The Beaufort Observer Online, Inc. in partnership with Eagle Publishing Inc., the owner of the Beaufort Observer newspaper. These terms and conditions apply to your use of this site ("Site"). These terms and conditions do not apply to your use of third party sites if any, to which the Site only provides links.
Limited Access
Most of the Site is unrestricted but portions are restricted to those users who have become a registered user. You agree that you will not attempt to gain access to the restricted portion of the Site if you are not a registered user. In order to become a registered user through the on-line sign up features, you will have to provide certain personal information. This information will be stored on the Site and will be accessible to anyone having your user ID and password (including site owners and operators).
PROTECT YOUR PASSWORD
Certain privileges to post content on the Site are connected to your user ID. Any and all postings made with your user ID will be deemed to be made by you. You have the obligation to protect the confidentiality of your user ID and password. If you become aware that a third party is using your user ID and password, please contact us immediately at Webeditor@beaufortobserver.net so we can assign you new information and terminate access to the Site with your compromised user ID and password.
Linking to our Website
If you link to the Site you agree not to:
o create frames around the Site or use otherwise alter the Site's visual presentation;
o imply that the Site is endorsing you or your products and services except by mutual agreement;
o imply an affiliation between you and the Site without our prior written consent;
o present false or misleading impressions about our content, products and services;
o contain materials that may be interpreted as distasteful or offensive.
In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site. You agree to remove any links you have to the Site upon our request.
Third Party Links
These terms and conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which we may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Use of Personal Information/Registration on Site
We only use personal information that is voluntarily provided to us. When you become a registered user of the Site you must provide us with a first and last name, email address and other contact details including address and phone number. We will use your personal information in a manner consistent with our privacy policy.
In the event that you choose to contact us via the links provided on the Site, any information you have stored in your signature block will be uploaded into the email and sent to us. You acknowledge that this information is sent to us voluntarily.
Polls
The polls taken on the Site are for entertainment purposes only, are not scientifically valid, and do not reflect the views or opinions of the authors, owners or employees, or the Site or The Beaufort Observer Online, Inc.
STANDARDS OF CONDUCT
We welcome the contributions, personal accounts, and expertise of all individuals willing to contribute to the Site but we reserve to exclusive right to determine what is posted on our site. We ask that when commenting, blogging, editing the wiki, or making other contributions, you adhere to a few basic standards of conduct and common courtesies to ensure a productive exchange of ideas and solutions as set forth in our Standards of Conduct. It is deemed to be a violation of these Terms of Use if a poster to use mutiple identities. We use software that checks the originating computer for spoofing, phishing and other kinds of attacks. We reserve the right to block any poster unless and until we can identify the poster, regardless of whether we allow the use of a pseudonym or not. (see our Privacy Policy).
RSS Feeds and Downloads
RSS feeds are free content feeds from websites, including the Site, that contain article headlines, summaries and links back to full-text articles on the web. If you subscribe to RSS Feeds, you understand that the feeds may be generated from a website other than the Site and that the links in the RSS Feeds may take you to sites other than this Site. Your use of RSS Feeds is governed by the "Third Party Links" section of these terms. Due to the nature of the RSS feeds, in the event that you decide that you no longer desire to subscribe to the RSS feeds service, we will not be able to unsubscribe you. You understand and acknowledge that you will have to take steps to unsubscribe yourself.
As a service to you, we also provide the opportunity for you to link to third party websites to download software and other content that may be of interest to you. You agree to comply with any terms and conditions associated with the download from the third party sites. Your use of downloads is also governed by the "Third Party Links" section of these terms.
Interactive Forums
An "interactive forum" means any blogs, message board, chat room, or similar interactive service appearing on the Site that facilitates discussions through user-generated postings and comments in a group environment. Interactive forums function in both real time and time-delayed environments, allowing you to communicate with other users of the Site. You must comply with instructions that you will find on the Site in order to contribute to any interactive forum.
In connection with the interactive forums and the wiki, users may be given the opportunity to rank the value of comments posted by other users. You agree to use reasonable judgment and fairness when ranking the comments of other users. Unless otherwise indicated, the rankings do not represent the opinion of the Site, The Beaufort Observer Online, Inc. or its owners and employees.
You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services except as authorized and provided for on the Site. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any interactive forum on the Site, except for material signed by an identified representative of the Site. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
In general, we require the poster of any material on this site to honestly identify themselves to us, whether or not we post that identifying information. Subject to the other Terms of Use contained herein, we will post some material that we deem of general interest to the readers of this site even though the identifier is withheld for the readers. We will not, however, allow this practice (of withholding publication of the identifier from publication) to be used to anonymously convey personal, defamatory, offensive, obscene or otherwise unacceptable content. We will weigh the value of the content to our general audience against the need for anonymity by the poster, who will be required to divulge that/those reasons to us, whether or not we reveal those reasons to the readers of the site. In general, the more defamatory a comment, such as a personal attack on a private citizen, the more compelling the reason must be to shield the poster's identity unless to do so serves a compelling public interest. Ordinarily, anonymous personal attacks will not be allowed. The poster will usually be given a choice of whether to revise the post, identify themselves or withdraw the post all together.
The identity of posters to this site will be divulged if we are required to by judicial action, criminal or civil. You should never post here assuming that your identify will not be known and disclosed if appropriate.
Terms Regarding The Wiki
The Essence of a Wiki
One area of this Site is structured as a "wiki." A wiki is a web application designed to allow multiple authors to add, remove and edit content. Wikis are widely used for collaborative authoring. Because of the essence of the wiki, anyone with an Internet connection who has registered to participate on this Site can alter content. Though there most likely is valuable and accurate information on the Site, understand that nothing published on this wiki by individuals not affiliated with the Site has been reviewed by people with the expertise to provide you with complete and accurate information.
No Warranty; No Liability
The information on the wiki may be updated or reviewed by other users, however, the information provided here is provided "AS IS". WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
No one connected with the Site, including but not limited to, the Site owners, administrators, employees or agents of the Site owner, and anyone else connected with the Site is responsible for the appearance of any infringing, inaccurate, libelous, defamatory information, or any information presented on the Site in poor taste or judgment. You are responsible for any content you add to the wiki portion of the Site and any third party links you add to your postings.
Copyright Matters
Except for content posted by The Beaufort Observer Online, the Site does not own copyright on articles, text, illustrations, videos, music, or any other content posted on the wiki. The individual who posts content on the wiki is the copyright owner or licensor of the content. However, please note that all content on the wiki is licensed to the public under the terms of the GNU Free Documentation License ("GFDL"). That means any content on the wiki, regardless of who posts it, is available under a free license to anyone (regardless of whether they are a registered user of the Site) to be copied, distributed, or modified. If you do not wish to grant a license to your content according to the GFDL, DO NOT post your content on this Site. Also note that if you are using the content on the wiki, the rights granted in the GFDL are the extent of the rights you have in the content on the wiki - this means there are limitations to your rights as a copyright licensee.
If you contribute content to the wiki you must:
1. Be the copyright owner (which is the case if the content is your own creation), or
2. Have a license to the content that allows its further licensing and use under the GFDL (this will require acknowledgement of the authorship and a link to the web location, if any, of an original copy)
If you are not sure of your rights to post the content, DO NOT post it on the wiki. You are liable for all content you post on the wiki.
If you are not sure of your rights to copy, distribute, and modify the content on this wiki, DO NOT copy, distribute or modify it.
Please review the GFDL if you have any questions about how to use the content on this wiki. The GFDL, not these terms of use, is the definitive agreement regarding your use of the content.
Repurposing Content Found On The Wiki
If you want to use content from the wiki in other publications either in whole in part, or somehow in modified part (meaning you changed it somehow), you may do so as long as the terms of the GFDL are complied with. That means:
1. Your content in the publication must be licensed under the GFDL (as described in Section 2 of the GFDL),
2. You must acknowledge the authorship of the article if you have changed it (as described in Section 4(B) of the GFDL),
3. You must provide access to the "transparent copy" of the content if you have changed it (as described in Section 4(J) of the GFDL).
The Site owners reserve the right to use content on the wiki for any purpose whatsoever, including, but not limited to, incorporation of the content into publications, policy statements, articles, and speeches, etc., without any requirement of compensation to you. We will comply with the terms of the GFDL when using the content.
Opinions of Users Posting Content
The content of any posting is solely the opinion of the individual providing such content. Unless we expressly say so, we in no way endorse, or support the opinions of others, or accept liability for those opinions, nor are any statements made on the wiki.
Review of Posted Content
We reserve the absolute and exclusive right to determine what is posted on the Site. We have the right, but not the obligation, to monitor the content posted on this Site to determine compliance with these conditions of use, any other agreements between the parties (e.g. privacy policy and standards of conduct) and compliance with any law, regulation or authorized government request. Additionally, if we reasonably believe that the content you post is potentially libelous, infringing, defamatory, in poor taste, or continually inconsistent with the purpose and the values and principles of the Site, we reserve the right to suspend or terminate your user ID and we expressly reserve the right to suspend or terminate your use of this site if you attempt to conceal your identity. As per our Privacy Policy, we reserve the right and explicitly advise any poster that we place identifying code on your computer for identity purposes if you post to this site. The use and purpose of this identification is to prevent fraud, deception, misuse, illegal activity and violations of the Terms of Use Policy. It is considered fraudlent to represent yourself as someone else or as someone other than the identity you have revealed to us. We do not accept multiple identities and the use or attempted use of such is a violation of the Terms of Use of this site. The use of secondary email addresses (hotmail, gmail, yahoo etc.) may interfer with your access. You should use your primary email with your Internet Service Provider to insure reliability. The screening software may screen such addresses out as well as those which come from a proxy server. You may also experience problems posting if more than one person uses your computer with a different user id.
Other intellectual property matters
Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights ("intellectual property") that are mentioned, used or cited in the content on the Site are the property of their respective owners. Their use on this Site does not imply that you may use the intellectual property for any purpose, or with respect to the wiki, other than for the same or a similar informational use as contemplated by the original authors under the GFDL license. Unless otherwise stated, neither the Site, nor the Site owners are endorsed or affiliated with any of the holders of any such rights, and you have no rights to use the intellectual property beyond the scope mentioned here unless those rights are granted by the owners of the intellectual property. Your use of any intellectual property is at your own risk.
Cookies
You may have access to restricted or password-protected areas of the Site. If you do, we may use cookies. "Cookies" are small text files that are either used for the duration of a session ('session cookies'), or saved on a user's hard drive in order to identify that user the next time he/she logs on to the website ('persistent cookies'). We may use session cookies to identify registered users logging in to the restricted areas of the Site. These cookies are deleted from the component's server soon after the session ends and are not collected or saved. We may also use persistent cookies if a registered user clicks on the "save password" check box on login. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that, although if you do disable cookies from your browser you may not be able to access certain sections or use certain functionality of the Site. We may use cookies to determine the source of postings on this Site. If you do not wish that to happen you should block our cookies on your machine. If you do so you may not have full functionality of the Site.
Links
We are not responsible for the availability of any other site to which the content on this Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Age
This Site is intended for use by people age thirteen (13) or older. By using this Site, you represent that you are over the age of thirteen (13).
Disclaimers
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THIS SITE NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF USE OF THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THIS SITE OR ITS OWNERS BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, ALLEGED OR ACTUAL COPYRIGHT INFRINGEMENT BY A USER OF THE SITE, OR INACCURACY OF, OR THE INABILITY TO USE THE CONTENT ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE SITE OWNER, OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).
Indemnity
You agree to defend, indemnify and hold harmless this Site, its owners, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys' fees, that arise from your use of the Site, your posting, downloading or transmission of communications or material on this Site, or from your violation of applicable law.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy
Governing Law
These terms will be governed by and construed in accordance with the laws of North Carolina. Accordingly, the laws of North Carolina will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the North Carolina courts and you consent to the exclusive jurisdiction of the state and federal courts located in North Carolina in and for the County of Beaufort.
Injunctive Relief
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that the Site and its owners will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief either in law or at equity.
Miscellaneous
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to Webeditor@beaufortobserver.net .
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Fair 71°
