By viewing, interacting with, submitting information to, or otherwise using the Services, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use the Services.
We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using this Services after such changes are posted, you agree to be bound by the changes.This Agreement was last modified on December 18, 2013.
B. INTELLECTUAL PROPERTY
All content included in this Site or in or through the other Services, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of P&C and/or its third-party content providers. The trademarks “THE POST AND COURIER,” “CHARLESTON.NET,” and “POSTANDCOURIER.COM,” as well as the business names, logos, slogans, trade dress and all other marks on this Site or in the Services are trademarks of P&C or its third-party content providers.
You may use material from this Site or the Services only for your own personal, non-commercial use. No portion of this Site or the other Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by P&C or under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site or the Services.
If you believe in good faith that your copyrighted work has been reproduced on this Site or through the Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by postal mail or email at the following address: Pamela J. Browning, Post and Courier, 134 Columbus Street, Charleston, SC, 29403, email: email@example.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site or in the Services.
C. SUBMISSION OF CONTENT BY USERS
In certain places, this Site or the Services may allow users to submit comments, forum or chat room entries, blog entries, letters, ideas, photos, videos, emails or other content – either directly to the Site or the Services (including to us through the Site or the Services) or through third party service providers. While we generally would like to permit you to provide content to or through the Site or other Services, there are certain restrictions on your providing content. They are as follows:
1. License: By submitting content, you grant P&C a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the content submitted – including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that P&C and its licensees have the right to use your name and likeness in connection with P&C’s publication, display, modification, distribution or other use of such content. P&C is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to P&C (whether directly or through its third party service providers) for any purpose whatsoever without compensation or remuneration.
2. Standards: You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal.
3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.
4. Monitoring of Content / Removal: You agree that P&C has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Site and/or the Services. You further agree that P&C may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
5. Release: You agree that you are at least 18 years of age. You agree to release P&C (including without limitation, for purposes of this Section C.5 of the Agreement, the officers, directors, employees, shareholders, owners (including without limitation, Evening Post Publishing Newspaper Group, Inc. and Evening Post Industries), members, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors (including without limitation, Pluck Corporation), agents, attorneys and representatives of The Post and Courier, Inc.) from any and all liability and obligations whatsoever in connection with or arising from P&C’s use or non-use of content submitted by you or any third party.
7. No Endorsement / Recommendation: P&C does not endorse, recommend, or take any responsibility for any content submitted to the Services by any advertiser, service provider, vendor, or other third-party, even if P&C displays such content.
D. DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
P&C has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site or the Services. P&C is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site or the Services. Viewing of any and all other Web sites shall be at your own risk.
F. PROHIBITION ON USE / ENFORCEMENT OF TERMS
P&C may at any time, for any reason, prohibit your further use in whole or in part of this Site or the Services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site or the Services. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against P&C for any failure by us to enforce this Agreement, whether against you or a third party. P&C’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
G. ACCESS LIMITS
Without P&C’s express consent, you may not frame any pages from the Site or the Services, place pop-up windows over pages of the Site or the Services, or otherwise affect the display of the Site’s pages or of the Services. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site, the Services, or their content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of P&C or its affiliates or contractors (“hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to P&C or by means of this Site or the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. P&C grants you permission to link to this Site (without framing it) or the Services, but may revoke this permission at any time for any reason.
H. YOUR ACCOUNT
In order to obtain certain products or services through this Site or the Services, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You may not provide inaccurate or incomplete information. You are responsible for any use of your account, this Site or the Services by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact P&C at once.
I. PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.
J. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE OF THIS SITE AND THE OTHER SERVICES IS AT YOUR OWN RISK. THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. P&C (including without limitation, for purposes of this Section J of the Agreement, The Post and Courier, Inc. and its officers, directors, employees, shareholders, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, P&C MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE OR THE SERVICES, AND/OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE OR THE SERVICES; (ii) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE OR THE SERVICES; (iv) THAT THE CONTENT OF THIS SITE AND THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF P&C ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
P&C DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR THE SERVICES. THE OPERATION OF THIS SITE AND THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF P&C.
UNDER NO CIRCUMSTANCES SHALL P&C BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO P&C’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF P&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE AND THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE OR THE SERVICES.
THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, release and hold harmless P&C (including without limitation, for purposes of this Section K of the Agreement, The Post and Courier, Inc. and its officers, directors, employees, shareholders, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this Site, the Services or their content. P&C reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with P&C in asserting any available defenses and will pay all of P&C’s attorneys’ fees and costs in such defense.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
M. GOVERNING LAW AND JURISDICTION
You agree that the laws of the State of South Carolina will govern this Agreement and your use of this Site and the Services. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site or the Services. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action.
N. INTERNATIONAL USE
P&C makes no representation that this Site or the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using this Site or the Services from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site or the Services is void where prohibited. Use of this Site or the Services is done at your own risk and you are responsible for compliance with all local laws.
You agree that this Agreement and all rights and licenses provided to P&C under this Agreement are fully and freely assignable and sub-licensable by P&C without further compensation to you.
P. INTEGRATION AND MODIFICATION
Except as otherwise specified herein, this Agreement constitutes the entire agreement between you and P&C with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and P&C with respect to this Site and the Services. You may not modify this Agreement other than by obtaining P&C’s signed, written consent to such a modification.
Q. NOTICE / CONTACT
The Post and Courier can be contacted at the address listed in the “Contact Us” section of this Site.
Legal notices shall be sent to P&C at the following address: The Post and Courier, Attention: Legal Department, 134 Columbus St., Charleston, SC 29403. Notice will be considered given upon receipt.
P&C is entitled to assume that any address information that you provide to us is correct, and P&C may contact you at such address. Notice will be considered given when sent.
We recognize that many visitors to our website and users of our applications are concerned about the information that they provide to us or that may be collected, and how we treat that information. In order to address those concerns we have developed this Privacy Statement.
A. TYPES OF INFORMATION COLLECTED
Through the Services, we may collect both personally identifiable information and non-personal information from you.
1. Personally identifiable information. You don’t have to provide us with your personally identifiable information (such as your name, address, telephone number, email address, etc.) in order to read some of what’s posted on the Site or through the Services. We may, however, collect personally identifiable information about you when you submit comments in response to one of our stories, submit photos or other information to us, sign up to receive information from us, open an account with us, use Facebook Connect in conjunction with the Site or other Services, subscribe to the Services, enter a contest, respond to a survey, make a forum submission, email us, purchase something through the Services, or at times in which we alert you that you must submit personally identifiable information. Without this information, we would not be able to respond to your inquiries, submissions, entries and requests. Please also note that several features of the Services, such as advertisements, classified ads, contests or sweepstakes, polls or surveys, and blogs, may be provided or operated by third parties. These third parties may also obtain personally identifiable information from you in order to use their services. Please check their privacy policies for information about their privacy practices. In some cases these third parties may provide your personally identifiable information to us.
2. Non-personal information. Non-personal information, such as which pages are accessed, what information is downloaded, what type of device, browser and operating system are being used, which Internet service provider is being used and other information of this general type may be collected about users of the Services. We, or third parties that provide or operate services on or through our Services, may track information about users’ online activities over time and across different websites. We may also collect the Internet Protocol (“IP”) address and geo-location of the users’ computer or mobile device. By itself, this information does not allow us to personally identify the user of the Services. By collecting this information we learn how best to customize and develop our Services to meet the needs and desires of our users.
B. METHODS OF INFORMATION COLLECTION
Personally identifiable information is collected when submitted by you – such as when you sign up for an account with us, use Facebook Connect or when you send us an email. Personally identifiable information may also be collected when you include it as part of a comment, letter, photo, forum posting, blog entry or other submission to us. Your personally identifiable information may be collected by third party service providers and then provided to us by the third party. Non-personal information may be collected via “cookies” (small text files placed on your computer’s hard drive), “web beacons” or other technology.
C. HOW WE USE YOUR INFORMATION
1. Personally identifiable information. If you sign up for an account with us (which is required in order to view some content offered through the Services or to make certain submissions) or use Facebook Connect in conjunction with the Services, then we may use your personally identifiable information to maintain your account and to correspond with you. We may also use it to send you materials that we think would be of interest to you. We may also provide your personally identifiable information to advertisers or others. If you enter one of our contests, then we may use your personally identifiable information for purposes of the contest (such as to notify you if you win) and/or in accordance with the contest rules. We may also provide your personally identifiable information to the sponsor(s) of the contest, publish information concerning the winner of the contest, and/or for any other lawful purposes. If you email us, submit information to us, or ask to be placed on a mailing list that we maintain, then we may contact you and send information to you. If you register to purchase merchandise through the Services, then we may use your personally identifiable information to maintain your account and/or process your order. If we receive your personally identifiable information from a third party service provider, then we may use the information to contact you and to assist in performing the service for which you have registered with the third party. In addition to the uses listed above, we may use your personally identifiable information to improve our marketing and promotional efforts, as part of a statistical usage analysis, and/or to improve the features and content of the Services. We may also use your personally identifiable information to assist in delivery of content that is customized to your interests; and, other than your credit card information and account password, we may sell or license your personally identifiable information to third parties for their use. We do not collect personally identifiable information on an automatic basis, but we may combine non-personal information (which may be automatically collected) with your previously submitted personally identifiable information. We may also use your personally identifiable information as set forth elsewhere in this Privacy Statement.
If you do not wish to have us collect and use information collected from cookies, you should disable cookies on your computer/device. You should refer to your browser’s help menu for up-to-date information on blocking cookies and other technologies. We do not respond to web browser “do not track” signals or other similar mechanisms.
Specifically and among other methods, we use Google Analytics, which collect user information using first-party cookies (such as the Google Analytics cookie) or other first-party identifiers and third-party cookies (such as Google advertising cookies) and or other third-party identifiers. For more information about how Google collects and processes your data, please visit:https://www.google.com/policies/privacy/partners/. If you wish to opt-out of Google Analytics, we direct you to Google’s opt-out mechanism at https://tools.google.com/dlpage/gaoptout/.
3. Links from the Site and other Services to advertisers and other third parties. Please be aware that the Company’s advertisers, business partners, sponsors, service providers, vendors and third parties accessible through the Services (such as via links from the Site and/or through Facebook Connect) may have their own privacy practices. The Company is not responsible for any actions or policies of such third parties. You should check the applicable privacy policies of the third parties when providing information to them. These third parties may provide the personally identifiable information and non-personal information that they collect to the Company and may also use the information in accordance with their own privacy practices. Financial institutions, such as those which process credit card orders, are subject to federal privacy laws.
4. Other third parties. During the course of its business, the Company uses third party service providers, such as lawyers and accountants, to perform a variety of functions for the Company. In some instances, the Company may need to provide personal and/or non-personal information about you to such third parties. However, such service providers that are not linked from the Services are generally prohibited from using your personally identifiable information for any purpose other than for which they were selected to work with the Company.
5. Public forum. If you submit a comment, personal ad, photograph, email, blog entry, forum entry, or similar submission, the information in your submission may be published to the general public. Please exercise caution when making such submissions. Please note that most such submissions are not reviewed prior to publication. We will not be responsible to read, respond to, or perform in accordance with any requests for privacy or confidentiality that are included with the submission or at any time.
D. OUR COMMITMENT TO SECURITY
We have put in place physical, electronic, and managerial procedures that we believe are appropriate to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. Please note that we cannot guarantee the security of our databases or Site, nor can we guarantee that information will not be intercepted while being transmitted over the Internet. In order to use some of the features of the Services, you may be required to create an account with us. For your protection, this account will only be accessible by means of a password or similar security measure. If you believe that your password or email address has been compromised, you should change your account with us immediately. If you forget your password, follow the instructions on the login page.
The Company does not knowingly collect personal information from children under the age of 13 through the Services unless such collection is done in accordance with the law. If you are a child under the age of 13 that intends to submit information to the Company through the Services, you must obtain your parent’s consent prior to making such a submission. In the event that the Company obtains actual knowledge that you are a child under the age of 13, the Company may require that you (and/or your parent) prove to us your prior parental consent. Even if you are 13 or over, we recommend that all children under the age of 18 obtain parental consent prior to the submission or purchase of anything through the Services. To obtain a parental consent form, please contact the privacy administrator designated in Section I.2 below.
F. ACCESS TO YOUR PERSONAL INFORMATION AND “OPT OUT” PROCEDURES
You may change your online account information with the Company by accessing your account through the Site (if you forgot your password, follow the instructions on the login page). If you would like to access or change any other personal information that we have collected, or would like to “opt out” of our collection, retention or disclosure of any other information, please email us firstname.lastname@example.org or contact us at the address set forth below. Subject to the Company’s protection of itself and others, disclosures for legal reasons, and our current technological capabilities, we may be able to assist you. Please keep in mind that to protect your privacy and security, we may take reasonable steps to verify your identity before granting you access to any personally identifiable information or “opt out” capabilities. To change the information that you submitted to third party service providers, such as in conjunction with personal ads, classified ads or blogs, please contact the service provider. Their policies will dictate the extent to which you can access or change the information that they have collected about you.
G. PARENTAL OPTIONS AND REVIEW
Parents of children under the age of 13 have the option to agree to the collection and use of their child’s personal information without consenting to the disclosure of the information to third parties (subject to the Company’s protection of itself and others, disclosures for legal reasons, and the Company’s current technological capabilities). In addition, parents can review the personal information provided by their child under the age of 13, ask to have it deleted and refuse to allow any further collection or use of the child’s information (subject to the same items as above). In order to make these requests, parents should follow the “Opt Out” procedures set forth in the “Access to Your Personal Information and ‘Opt Out’ Procedures” section of this Privacy Statement. Please note that, while the Services will not require more information from children under 13 than is reasonably necessary to participate in any activity or event, deletion of required information (such as information that would permit the Company to contact the winner of a contest) may result in termination of the child’s participation in an event or activity. Parents should also note that the official rules for contests and promotions on the Services may contain additional information related to their children’s privacy and the parents’ rights and responsibilities.
H. CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement may be changed from time to time, so we encourage you to check back with every visit to the Services. If you do not agree to one or more of the changes, you may choose to “opt out,” using the procedures set forth above. Once the change has been made, all information collected by the Services after the change will be subject to the new terms of the Privacy Statement. In addition, if you affirm your agreement to this Privacy Statement, such as by clicking “I agree” when asked if you agree to be subject to this Privacy Statement or the legal terms of the Services, then all information collected prior to the change will also be subject to the new terms. The current version of this Privacy Statement is effective December 23, 2013.
I. TO CONTACT US
1. For general privacy inquiries, please contact us at email@example.com.
2. Parents of children under 13 seeking to access or change personally identifiable information that has been collected about their children through the Services, or to obtain or submit parental consent forms, please contact us at:
Website Privacy Issues
c/o Kurt Knapek
Evening Post Interactive
134 Columbus Street
Charleston, SC 29403
Ph: (843) 745-5888
The Company may have several operators collecting or maintaining personal information. The operator listed above, or his/her successor, is responsible for responding to privacy inquiries. Third parties accessible through the Services may have their own such operators.
Copyright © 2013-2016, The Post and Courier, Inc. an Evening Post Industries company. All rights reserved.