Web Site Terms and Conditions of UseThe following terms and conditions (the "Terms and Conditions"),
the Privacy Policy for GoLaurens.com and/or GoClinton.com (the "Privacy
Policy") and all other supplementary documentation in connection
therewith govern your use of this Web Site, and any content made available
from or through this Web Site, located at GoLaurens.com and/or GoClinton.com,
including any subdomains thereof (the "Web Site"). The Web Site is
made available by Dunlap Media, LLC. We may change the Terms and Conditions
from time to time, at any time without notice to you, by posting such changes
on the Web Site. BY USING THE 1. Proprietary Rights. As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (other than Submitted Materials (as defined in Section 6 below)), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein and, in the event that we do not own such content, data and materials. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site. 2. Limited License. You may access and view the content on the Web Site on your computer or other device, and make single copies or prints of the content on the Web Site at your own risk and for your personal, non-commercial and internal use only, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the Web Site in general. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use. You may not use the Web Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. 3. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Dunlap Media, LLC or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Web Site. This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright and other applicable laws). The Web Site is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged, you must be 13 or older and by your use thereof, you represent and warrant that you are over the age of 13. Minors between the ages of 13 and 17 should get the permission of their parent(s) or legal guardian(s) before using the Web Site. 4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may only be used in accordance with Section 2 above, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder. 5. User Information. In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personal information to us or to our third party vendors or service providers who facilitate our ability to make certain services available to you (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy, which is incorporated herein by reference for all purposes, unless otherwise noted. In the event that we engage the services of third party vendors or other service providers, your User Information may be subject to the information collection and use policies with respect to the privacy thereof of such third party vendors and other service providers. We may use third parties to provide services in connection with Submitted Materials. In accordance with section D(i) of the Privacy Policy, information in forums, information submitted for sweepstakes, and Submitted Materials (including submitted video, graphic images and photographs), become publicly available and may be used by us for any lawful purpose. We may share User Information that is included with Submitted Materials with third parties, including, without limitation, vendors or other service providers, affiliates and partners. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of User Information. 6. Submitted Materials. Unless specifically requested, we
do not solicit nor do we wish to receive any confidential, secret or
proprietary information from you through the Web Site, by e-mail or in any
other way. Any information, creative works (including, without limitation,
text, photographs, graphics, audio, visual and audiovisual content), demos,
ideas, suggestions, concepts, methods, systems, designs, plans, techniques or
other materials submitted or sent to us (including, for example and without
limitation, that which you submit or post to online chats, forums, reviews
and ratings and/or our blogs, or send to us via e-mail) ("Submitted
Materials") will be deemed not to be confidential or secret, and may be
used by us in any manner consistent with the Privacy Policy. Prior to
submitting any Submitted Materials, you must register with this Web Site and
provide your User Information. By submitting or sending Submitted Materials
to us, you: (i) represent and warrant that the Submitted Materials are not
confidential or secret, and no confidential or fiduciary relationship is
intended or created between you and us in any way, (ii) represent and warrant
that the Submitted Materials are original to you, that no other party has any
rights thereto, and that any "moral rights" in Submitted Materials
have been waived, and (iii) you grant us and our affiliates, and our
respective licensors, licensees, distributors, vendors, partners, agents,
representatives, and other authorized users (collectively,
"Representatives") a royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive and fully transferable, assignable and
sublicensable right and license to use, copy, reproduce, modify, adapt, print,
publish, translate, create derivative works from, distribute, perform and
display such material (in whole or part) and/or to incorporate it in other
works in any form, media, or technology now known or later developed,
including for promotional and/or commercial purpose, and to authorize others
to do so. We cannot be responsible for maintaining any Submitted Materials
that you provide to us, nor are we responsible for any information included
in any Submitted Materials (for example, without limitation, a blog post or
any comments to blog(s) created or posted by users), and we may delete or
destroy any such Submitted Materials at any time. To the extent that any
Submitted Materials submitted by you contain original songs or recordings,
you hereby represent that you are a member of ASCAP, You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. If you submit a photograph, graphic image or video, you also agree to, represent and warrant the following: (i) you have the rights necessary to authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (ii) you authorize us and our affiliates (and our Representatives) to use such photograph or video as permitted by these Terms and Conditions; (iii) you have obtained the necessary permissions, if any, for us and our affiliates (and our Representatives) to use such photograph or video in accordance with the Terms and Conditions; and (iv) such photograph or video has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it. Dunlap Media, LLC may, from time to time, make messaging services, chat services, bulletin boards, message boards, photo galleries, videos, blogs, user review and ratings forums, other forums and other such services and features available on or through the Web Site to which you may have the opportunity to provide or submit Submitted Materials. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
Except as may be expressly permitted in connection with one of the Web Site’s services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. Dunlap Media, LLC will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk. 7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site (including, for example and without limitation, blogs, Podcasts, RSS feeds, video players, photo galleries, chat rooms and other public or open forums), you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from The Chronicle or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a Podcast received from Dunlap Media, LLC or otherwise through the Web Site), or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You also shall not and, by your use of the Web Site, represent and warrant that you are not:
8. Right to Monitor and Editorial Control. Dunlap Media, LLC reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to the Web Site or through the Web Site’s services or features by users, and is not responsible for any such materials posted by users. Dunlap Media, LLC is not responsible for any failure to monitor, review and/or delete any materials posted to the Web Site or through the Web Site’s services or features by users. However, Dunlap Media, LLC reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Dunlap Media’s discretion, are objectionable or in violation of these Terms and Conditions, Dunlap Media’s policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability. 9. Transactions or Relationships Formed Between Users on the Web Site. Some materials or information accessible in certain areas of the Web Site may be provided by other users and not by Dunlap Media, LLC (including, for example and without limitation, information provided by individual property owners and real estate brokers, advertisements for third party or user-provided products or services, and submissions to blogs, photo galleries, message boards, chat discussions, review and ratings forums and other public forums available on or through the Web Site). From time to time, there may be opportunities on or through the Web Site for you to purchase certain products and/or services directly from such third parties (and in many cases, other users) who have advertised such products or services on the Web Site. Dunlap Media, LLC assumes no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any such user-provided information, content, products, services, advertising or other materials. The inclusion of any such user-provided content on the Web Site does not imply endorsement or sponsorship by Dunlap Media, LLC. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with other users of the Web Site. Any purchases that you make from such third parties or users who have advertised on or through the Web Site are made at your own risk. You acknowledge and agree that Dunlap Media, LLC has no responsibility or liability for such purchases and/or transactions. 10. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you. 11. Indemnification. By submitting or posting any User Information, photograph, video, and/or Submitted Materials or by using the Web Site you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph, video, and/or Submitted Materials, or you engage in any prohibited conduct, as described below, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold Dunlap Media, LLC, its affiliates and Representatives and each of their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms and Conditions, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials on or through the Web Site, or your breach or violation of the law or of these Terms and Conditions. Dunlap Media, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Dunlap Media’s defense of such claim and to reimburse Dunlap Media, LLC for the reasonable costs and expenses thereof. 12. Orders for Products and Services. We may make certain products available to visitors and registrants of the Web Site. You may only order products if you are 18 years of age or older or, if you are between the ages of 13 and 17, you do so with the consent of your parent or legal guardian; and you hereby represent and warrant that you are 13 years of age or older and, if you are between the ages of 13 and 17, your parent or legal guardian has consented to your use of the Web Site, as you so use it. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Dunlap Media, LLC. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter. 13. Third Party Web Sites. You may be able to link from the Web Site to third party web sites that take you outside of our service and third party web sites may link to the Web Site ("Linked Sites"). For example, if you click on a banner advertisement or a search result, the click may take you off the Web Site. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge and agree that Dunlap Media, LLC has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you leave our Web Site by any means, including, but not limited to, when you click on a link that leaves the Web Site, the site you will land on is not controlled by us and different terms of use and privacy policies apply. We reserve the right to disable links from third-party sites to the Web Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Also, Dunlap Media, LLC is not responsible for any form of transmission received from any linked web site. 14. Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available thereon, do the same. To be effective in making claims of copyright infringement, the notification must be a written communication that includes the following:
We may give notice to our users that we have received a notice of infringement by means of a general notice on the Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
15. DISCLAIMER OF WARRANTIES. THE WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE
INFORMATION PROVIDED ON THE WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, DUNLAP MEDIA, LLC, ITS
AFFILIATES UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE 16. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT
NOT LIMITED TO NEGLIGENCE, SHALL DUNLAP MEDIA, LLC, ANY OF ITS AFFILIATES OR
REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES OR AGENTS
(COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE
INABILITY TO USE, THE 17. Applicable Laws. We control and operate the Web Site
from our offices in the 18. Termination. Dunlap Media, LLC may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services (including, without limitation, content, features or hours of availability), at any time and for any reason. Dunlap Media, LLC may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from the Web Site or any of the services on or available through the Web Site, you may not return to the Web Site for any reason or in any manner. Once you have been banned from use of the Web Site, you may not thereafter use the Web Site under a new username or identity. In the event that you do return, or attempt to return, to the Web Site or a particular service after you have been banned, you will be deemed to have breached these Terms and Conditions, and Dunlap Media, LLC reserves the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms and Conditions and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach. Dunlap Media, LLC maintains a policy to terminate the Web Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Dunlap Media, LLC). 19. Changes to Terms and Conditions. Dunlap Media, LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes. 20. Miscellaneous. The Terms and Conditions, and the
relationship between you and us, shall be governed by the laws of the State
of South Carolina, United States of America, without regard to conflict of
law provisions. You agree that any cause of action that may arise under the
Terms and Conditions shall be commenced and be heard in the appropriate court
in the State of This Terms and Conditions of Use was last updated on June 1, 2011. |
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