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These are legally binding agreements between you and us; please
read them carefully. When using FOX50.com.com, you also are subject
to other posted guidelines or rules applicable to certain services
available on our site. All such guidelines and rules are part of
this Terms of Use and you agree to them by using FOX50.com.
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 FOX50.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
FOX50.com Web site, or to obtain access to certain FOX50.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 FOX50.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 FOX50.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.
Information Provided by FOX50.com
The content on the FOX50.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 FOX50.com, subject to copyright and other
intellectual property rights under United States and foreign laws
and international conventions. FOX50.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. FOX50.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 FOX50.com Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the FOX50.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 FOX50.com
service.
User Submissions
The FOX50.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, FOX50.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 FOX50.com member, or for
FOX50.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 FOX50.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 FOX50.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
FOX50.com, you hereby grant FOX50.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 FOX50.com
Website and FOX50.com's (and its successor's) business, including
without limitation for promoting and redistributing part or all of
the FOX50.com Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the FOX50.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 FOX50.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 FOX50.com all of the license
rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage FOX50.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.
FOX50.com does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and FOX50.com
expressly disclaims any and all liability in connection with User
Submissions. FOX50.com does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and FOX50.com will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes
on another's intellectual property rights. FOX50.com reserves the
right to remove Content and User Submissions without prior notice.
FOX50.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. FOX50.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. FOX50.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.
Prohibited Content
By using our site, you agree that you will not post or
otherwise make available any content or material that:
* is profane, sexually explicit, tortuous, vulgar, obscene,
libelous, abusive, misleading or unlawful, or infringes the rights
of others or interferes with the ability of others to enjoy
FOX50.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 FOX50.com employee or another FOX50.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 FOX50.com Web site or any computer software or
hardware or telecommunications equipment;
* interferes with or disrupts the FOX50.com.com service or
servers or networks connected to FOX50.com.com, or disobeys any
requirements, procedures, policies or regulations of networks
connected to the FOX50.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.
Prohibited Behavior Includes:
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 FOX50.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 FOX50.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 FOX50.com site and/or services;
* use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from FOX50.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.
External Links
FOX50.com may contain links to other Web sites that are not
owned or operated by FOX50.com and are separate and independent
from our site. Visiting such other Web sites from FOX50.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.
Copyright Infringement Notification Procedure
If you are an owner of intellectual property or an agent of
such owner who believes your intellectual property has been copied
and is accessible on this site in a way that constitutes copyright
infringement, please notify us.
Click here for instructions on how to do
so.
Classified; Limitation on Liability
FOX50.com offers private individuals the opportunity to place
classified ads on the FOX50.com. Commercial firms are prohibited
from creating free listings, but they may purchase premium
listings. FOX50.com reserves the right to remove listings it
believes have been placed by commercial entities. Your interactions
with organizations and/or individuals found on or through
FOX50.com, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
You agree that FOX50.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 FOX50.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 FOX50.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 FOX50.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
FOX50.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
FOX50.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 FOX50.com ARISING OUT OF ANY
CLASSIFIED AD YOU POST OR ATTEMPT TO POST ON FOX50.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
FOX50.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 FOX50.com's DISCRETION. OTHERWISE, FOX50.com
WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED
BY OR ARISING OUT OF FOX50.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.
Your Responsibilities
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
FOX50.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 FOX50.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, FOX50.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.
FOX50.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.
Disclaimer of Warranty; Limitation of Liability;
Indemnification
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 FOX50.COM. WEB SITE
("FOX50.com SITE" OR "SITE") AND ANY MATERIAL OR INFORMATION
AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE
IS PROVIDED BY FOX50.com ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FOX50.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, FOX50.COM. DISCLAIMS ANY WARRANTIES FOR SERVICES
OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE
FOX50.COM. SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL
FOX50.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 FOX50.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 FOX50.com FOR THE USE OF THIS WEB
SITE.
INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS FOX50.com, ITS AFFILIATES, AGENTS, EMPLOYEES,
REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE
ARISING OUT OF ANY CONTENT POSTED ON THE FOX50.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.
Miscellaneous
The FOX50.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 FOX50.com,
and you must provide and be responsible for all equipment needed to
access FOX50.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 FOX50.com site must be filed within
one (1) year after such claim or cause of action arose or be
forever barred.
Choice of Law and Forum
Any dispute of any sort that might arise between you and
FOX50.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 FOX50.com submit to the exclusive jurisdiction of the
state and federal courts in the Eastern District of North
Carolina.
Feedback
We welcome your questions or comments about this Terms of Use
or our Web site, and also welcome any suggestions you may have for
improvement of our site. Please contact us at
comments@fox50.com .
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