2. By viewing, interacting with, submitting information to, or otherwise using this Site, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use this Site.
3. We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using this Site after such changes are posted, you agree to be bound by the changes. This Agreement was last modified February 9, 2007.
B. INTELLECTUAL PROPERTY
2. You may use material from this Site only for your own personal, non-commercial use. Neither this Site nor any portion of this Site may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by Evening Post 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.
3. If you believe in good faith that your copyrighted work has been reproduced on this Site 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: Edward Fenno, Esq., Fenno Law Firm, LLC, 171 Church Street, Suite 160, Charleston, South Carolina 29401, e-mail: email@example.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.
C. SUBMISSION OF CONTENT BY USERS
1. License: By submitting content, you grant Evening Post 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 Evening Post has the right to use your name and likeness in connection with Evening Post's publication, display, modification, distribution or other use of such content. Evening Post is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to Evening Post (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 e-mail ("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 Evening Post 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. You further agree that Evening Post 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 Evening Post (including, without limitation, the officers, directors, employees, shareholders, members, affiliates, successors, assigns, contractors, agents and attorneys of Evening Post Industries Company, Moultrie News and www.moultrienews.com, from any and all liability and obligations whatsoever in connection with or arising from Evening Post's use or non-use of content submitted by you or any third party.
6. Privacy: Other than as set forth in this Site's Privacy Statement, Evening Post may treat any submission and/or communication between you and Evening Post as non-confidential and non-proprietary. In particular, letters [to the editor], comments concerning stories, blog entries, information from sources, and similar submissions will not be considered confidential.
7. No Endorsement / Recommendation: Evening Post does not endorse, recommend, or take any responsibility for any content submitted to this Site by any advertiser, service provider, vendor, or other third-party, even if Evening Post displays such content.
D. DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
F. PROHIBITION ON USE / ENFORCEMENT OF TERMS
G. ACCESS LIMITS
H. YOUR ACCOUNT
I. PARENTAL CONTROL PROVISIONS
J. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
2. WITHOUT LIMITING THE FOREGOING, EVENING POST MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE, AND/OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (ii) THAT THE SITE 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; (iv) THAT THE CONTENT OF THIS SITE DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF EVENING POST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. EVENING POST DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS OR ANY RELATED SERVICES. THE OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF EVENING POST.
4. UNDER NO CIRCUMSTANCES SHALL EVENING POST 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, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE 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 EVENING POST'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 EVENING POST 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. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.
5. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
M. GOVERNING LAW AND JURISDICTION
N. INTERNATIONAL USE
O. INTEGRATION AND MODIFICATION
P. NOTICE / CONTACT
2. Legal notices shall be sent to Evening Post at the following address: Evening Post Industries Company, Attention: Legal Department, 134 Columbus St., Charleston, SC 29403. Notice will be considered given upon receipt.
3. Evening Post and The Moultrie News are entitled to assume that any address information that you provide to us is correct, and Evening Post may contact you at such address. Notice will be considered given when sent.