Terms & Conditions »
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
1. USER AGREEMENT
2. ONLINE CONDUCT
You agree and acknowledge that the Web Site and Community Forums are public and not private communications. Web site users ("Users") shall use the Web Site for lawful noncommercial purposes only. User comments and other user materials (“User Content”) will not be posted until they have been reviewed by Charlotte Viewpoint, its affiliates, or a third party moderator. We reserve the right in our sole discretion and without notice to you (1) to refuse to post any User Content, and (2) to delete or move User Content, blogs, chat rooms and message boards or have links removed. You may not use or allow others to use your Charlotte Viewpoint account to:
- Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, libelous or which discloses private or personal matters concerning any person;
- Post or transmit any material that you don't have the right to transmit under law (such as third-party copyrights, trade secrets, trademarks, securities, or other proprietary rights) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post, transmit, or link to sexually explicit material or other material that is hateful or incites violence;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Intentionally violate any other applicable law or regulation while accessing and using the Charlotte Viewpoint site;
- Deliberately disrupt discussions with repetitive messages, meaningless messages, or "spam";
- Post or transmit any file that contains viruses, malicious code, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
On occasion, Community Forums may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent Charlotte Viewpoint's views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Forums. You further acknowledge and agree that any statements, actions or opinions expressed in User Content are those of the User posting such content, and do not necessarily represent the view or opinions of Charlotte Viewpoint. We reserve the right to refuse, delete, or move any content if in our sole discretion it is inaccurate, abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, libelous or is otherwise in violation of these Terms. We reserve the right to block any User who violates these Terms from posting User Content to the Web Site.
As stated in Section 10 below, you agree to indemnify Charlotte Viewpoint and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of the Agreements. You are responsible for all statements made and acts that occur through the use of your user name and password.
Please do not disclose your password to anybody. If it has been lost or stolen, let us know as soon as possible by the methods set forth in Section 15 of these Terms.
If notified by a User that specific User Content does not conform to the Agreements, Charlotte Viewpoint may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the User Content. Charlotte Viewpoint has no liability or responsibility to Users for performance or nonperformance of such actions.
Users or others that believe their copyright or other rights have been infringed by User Content (“Claimant”) may provide Charlotte Viewpoint’s Designated Agent (identified below) written notice including the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest.
- A description of the copyrighted work or other work that is alleged to have been infringed.
- A description of where the User Content that is allegedly infringing is located on the Web Site.
- The Claimant's address, telephone number, and email address.
- A written statement by the Claimant that he/she/it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by the Claimant, made under penalty of perjury, that the above information in the Claimant's notice is accurate and that the Claimant is the copyright owner or is authorized to act on the copyright owner's behalf.
Charlotte Viewpoint's Designated Agent for notice of claims of copyright or other forms of proprietary rights infringement can be reached as follows:
P.O. Box 31113
Charlotte, NC 28231
If the disputed User Content was posted by a third-party identifiable through reasonable efforts, we will provide reasonable notice to the third-party of the charge. If the third-party responds with a valid counter-notification, we will provide the Claimant with a copy so that the Claimant may take any other steps he/she/it may consider appropriate.
3. OWNERSHIP OF USER CONTENT.
Charlotte Viewpoint does not claim ownership of User Content. However, you hereby grant Charlotte Viewpoint a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed. Additionally, you hereby grant Charlotte Viewpoint the non-exclusive right to use your name, likeness, images and biographical information in its discretion in association with your User Content.
4. REGISTRATION FOR SERVICES.
In some cases, to gain access to the Services, you must register on the Web Site. When and if you register to become a contributing participant, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate the Agreements and your use of the portions of the Web Site available to registrants.
As part of the registration process, you will be asked to select a user name and password. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
5. USER PRIVACY
6. USER INPUT
We welcome any User suggestions to assist us in providing new information and services to our users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.
The Web Site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for the Content's accuracy and/or reliability.
From time to time, the Web Site will contain hyperlinks ("Links") to web sites operated by third parties. Such Links are for your reference only, and we neither control such linked web sites or the third parties that operate them, nor are we liable or responsible for their availability or content. Display of such Links or the names of their third party operators or owners on the Web Site does not imply or express any endorsement by us of any individuals or entities referred to in the content of such linked web sites, or of such third parties. You may direct any comments or concerns that you may have regarding any such Links or third parties on the Web Site to us, by the methods set forth in Section 15. User is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such linked web site operators. Other web sites may also have a link to our Web Site posted on their web site; you hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.
9. COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
Our Web Site and all materials on this Web Site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Web Site or any other web site owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Web Site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Web Site on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent that you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.
If you know or become aware that any information or ideas on the Web Site submitted by any other User is protected by intellectual property laws, you agree to promptly give us notice of such infringement by the methods set forth in Section 15 of these Terms.
9. USER INDEMNITY
You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, officers, donors, grantees, content producers, and volunteers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Web Site on any web site or in any e-mail, or (iii) your use of the Web Site or participation in any activities arising from this Web Site, including but not limited to, the Services. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS OR VOLUNTEERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS, OR VOLUNTEERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR WEB SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH CHARLOTTE VIEWPOINT OR THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES, AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER CHARLOTTE VIEWPOINT NOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS, OR VOLUNTEERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION 11 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST CHARLOTTE VIEWPOINT OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, CONTENT PROVIDERS, OR VOLUNTEERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
13. VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.
Users will resolve any claim, cause of action or dispute with Charlotte Viewpoint arising out of or relating to the Agreements or the Web Site exclusively in state or federal court located in Mecklenburg County, North Carolina. Users agree to submit to the personal jurisdiction of the courts located in Mecklenburg County, North Carolina for the purpose of litigating all such claims.
If you wish to contact us for any reason, please contact us at: Charlotte Viewpoint, P.O. Box 31113, Charlotte, NC 28231. Email: email@example.com, or use the "Contact Us" link on this Web Site.
Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this Section 16. Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.
Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Web Site. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved.