WEB SITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
Media General Operations, Inc. ("MEDIA GENERAL") offers
this Web site, including all information, software, products
and services available from this Web site or offered as
part of or in conjunction with this Web site (the "Web
site"), to you, the user, conditioned upon your acceptance
of all of the terms, conditions, policies and notices stated
here. MEDIA GENERAL reserves the right to make changes
to these Terms and Conditions immediately by posting the
changed Terms and Conditions in this location. Your continued
use of the Web site constitutes your agreement to all such
terms, conditions and notices, and any changes to the Terms
and Conditions made by MEDIA GENERAL.
Personal and Noncommercial Use
The Web site is for your personal and noncommercial
use. As a condition to your continued use of the Web
site, you warrant to MEDIA GENERAL that you will not
use the Web site for any purpose that is unlawful or
prohibited by these terms and conditions of use.
No Warranties
USE THE WEB SITE AT YOUR OWN
RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
MEDIA GENERAL MAKES NO WARRANTY THAT ANY CONTENT CONTAINED
ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT
LAW, REGULATION OR REQUIREMENT. Neither MEDIA GENERAL
nor its employees, agents, third-party information
providers, merchants, licensors or the like warrant
that the Web site or its operation will be accurate,
reliable, uninterrupted or error-free. No agent or
representative has the authority to create any warranty
regarding the Web site on behalf of MEDIA GENERAL.
MEDIA GENERAL reserves the right to change or discontinue
at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
MEDIA GENERAL OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED
WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE
WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER
OR INFORMATION PROVIDER TO MEDIA GENERAL OR ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR
SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU
FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED
UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Because some states do not permit the exclusion or limitation
of liability for consequential or incidental damages,
some or all of the above limitation may not apply to
you.
Indemnification
You agree to defend, indemnify and hold MEDIA GENERAL,
its officers, directors, affiliated companies, employees
and agents, licensors and suppliers harmless from and
against any and all claims, actions or demands, liabilities
and settlements, including, without limitation, reasonable
legal and accounting fees, resulting from, or alleged
to result from, your use of the MEDIA GENERAL site, or
any content, product or service offered through the MEDIA
GENERAL site, in a manner that violates or is alleged
to violate these Terms and Conditions. MEDIA GENERAL
shall provide notice to you of any such claim, suit or
proceeding and shall reasonably cooperate with you, at
your expense, in your defense of any such claim, suit
or proceeding.
Featured Links and Advertisements
The Web site may contain hyperlinks to Web sites offered
by parties other than MEDIA GENERAL. Such hyperlinks
are provided for your reference and convenience only.
MEDIA GENERAL does not control such other Web sites and
is not responsible for their content; nor does MEDIA
GENERAL's inclusion of hyperlinks to such Web sites imply
any endorsement of the material on such Web sites or
any association with their operators. Unless otherwise
specifically stated on this Web site, MEDIA GENERAL does
not endorse any product or service or make any representation
regarding the reliability, quality or accuracy of any
products or services featured in, or linked to, any advertisement
appearing on this Web site.
Linking
Unless you are subsequently advised otherwise by MEDIA
GENERAL, you are hereby licensed to create hyperlinks
to the content on the Web site, provided that the hyperlink
accurately describes the content as it appears on the
Web site. MEDIA GENERAL reserves the right to revoke
this license generally, or your right to use specific
links, at any time, and may normally break any hyperlink
after 14 days. Under no circumstances may you "frame" the
Web site or any of its content or copy portions of the
Web site to a server, except as part of an Internet
service provider's incidental caching of pages. Each
page within the Web site must be displayed in full (including
all trademarks, branding, advertising and promotional
materials), without any accompanying frame, border, margin,
design, branding, trademark, advertising or promotional
materials not originally displayed on the page within
the Web site.
Software Available on Web Site
Any software that is made available to download from
this Web site is the copyrighted work of MEDIA GENERAL
and/or its suppliers. Your use of the software is governed
by the terms of the End User License Agreement, if any,
that accompanies or is included with the software. You
may not install or use any software without first agreeing
to the terms of such End User License Agreement. For
any software not accompanied by an End User License Agreement,
MEDIA GENERAL hereby grants to you a personal, nontransferable,
non-sublicensable license to use the software for viewing
and other purposes within the scope of use of such software
anticipated by MEDIA GENERAL in accordance with these
terms and conditions, and for no other purpose. Any such
software is provided to you subject to the warranty and
liability exclusions set forth in these terms and conditions.
Copyright
Except for material in the public domain under United
States copyright law, all material contained on the Web
site (including all software, HTML code, Java applets,
Active X controls and other code) is protected by United
States and foreign copyright laws. Except as otherwise
expressly provided in these terms and conditions, you
may not copy, distribute, transmit, display, perform,
reproduce, publish, license, modify, rewrite, create
derivative works from, transfer, or sell any material
contained on the Web site without the prior consent of
the copyright owner. None of the material contained on
the MEDIA GENERAL site may be reverse-engineered, disassembled,
decompiled, transcribed, stored in a retrieval system,
translated into any language or computer language, retransmitted
in any form or by any means (electronic, mechanical,
photo reproduction, recordation or otherwise), resold
or redistributed without the prior written consent of
MEDIA GENERAL. Violation of this provision may result
in severe civil and criminal penalties.
You may make single copies of materials displayed on
the Web site for your own personal and noncommercial
use only, provided any copies include the copyright and
other notices displayed with the materials on the Web
site. You may not distribute such copies to others, whether
or not for a charge or other consideration, without prior
written permission from MEDIA GENERAL or the copyright
owner of the copied material. Requests to reproduce materials
on the Web site for distribution or other purposes should
be mailed to:
MEDIA GENERAL OPERATIONS, INC.
Attn: Peter Howard
111 N. 4th Street
Richmond, Virginia 23219
phone: 804.649.6887
fax: 804.649.6580
e-mail: comments@mediageneral.com
Trademarks
"Media General" is a trademark
or registered trademark of Media General Communications,
Inc., licensed for use by MEDIA GENERAL, and is protected
by state and federal trademark laws. Other trademarks
appear on the Web site with permission from their respective
owners. Your unauthorized use of trademarks appearing
on the Web site may constitute trademark infringement,
which could subject you to substantial civil penalties.
Termination of Privileges
MEDIA GENERAL reserves the right to terminate your
privilege of using all or any portion of the Web site
if you breach any of these terms and conditions of use.
If MEDIA GENERAL receives notice or otherwise discovers
that you have posted material that infringes another
party's copyright or trademark rights or violates another
party's rights of privacy or publicity, MEDIA GENERAL
may terminate your access to the Web site, including
all of your privileges or accounts that you may have
established in connection with the Web site.
Copyright Infringement
MEDIA GENERAL will not tolerate copyright infringement
of any kind. MEDIA GENERAL does not, however, monitor
user-submitted materials for copyright infringement.
If you believe that any material on the Web site infringes
your copyright, you may seek to have the material removed
by sending MEDIA GENERAL notice that includes all of
the following information:
- your full name, address and telephone number
- identification of the copyrighted work(s) that you
believe is being infringed
- identification of the infringing material and information
sufficient for MEDIA GENERAL to locate the material
- your statement of good faith belief that (a) the
material infringes your copyrights, (b) the information
provided in the notice is accurate and (c) under penalty
of perjury, you are authorized to act for the copyright
owner
- your physical or electronic signature
Direct such notice to MEDIA GENERAL designated agent
for receiving copyright infringement notices:
Media General Operations, Inc.
Attn: George L. Mahoney, Esq.
333 East Franklin Street
Richmond, Virginia 23219
phone: (804) 697-6029
fax: (804) 697-6989 (fax)
e-mail: gmahoney@mediageneral.com
Upon receipt of notice complying with the above requirements,
MEDIA GENERAL will act to remove infringing materials
and, if applicable, send notice to the user that posted
such materials on the Web site.
If MEDIA GENERAL removes materials posted by you as
a user due to alleged copyright infringement, you may
seek to have the materials reinstated by notifying MEDIA
GENERAL's designated agent in writing and including the
following information:
- your full name, address and telephone number
- identification of the material that has been removed
or to which access has been disabled, including its
location before it was removed or disabled
- your statement under penalty of perjury that you
have a good faith belief that the material was removed
or disabled as a result of mistake or misidentification
of the material
- your statement consenting to the jurisdiction of
the Federal District Court for the district in which
your address is located, or, if you reside outside
of the United States, for the Eastern District of Virginia
(where MEDIA GENERAL may be found), and that you will
accept service of process from the person who provided
notice of copyright infringement or from such person's
agent
- your physical or electronic signature
Upon receipt of a notice meeting the above requirements,
MEDIA GENERAL will send a copy of the notice to the copyright
owner who initially claimed copyright infringement. Within
10 to 14 days following receipt of the notice, MEDIA
GENERAL will replace or enable access to the removed
material unless MEDIA GENERAL receives notice from the
copyright owner who submitted the first notification
that it has filed an action seeking a court order to
restrain the user that posted the materials from engaging
in infringing activity. Please note that parties who
misrepresent that materials are infringing or were removed
by mistake or misidentification are subject to substantial
civil liability to MEDIA GENERAL and/or the copyright
owner or Web site user.
User Content
MEDIA GENERAL may allow you
to upload, post, transmit or otherwise provide content
to MEDIA GENERAL Web sites, including, but not limited
to, photos, video, audio, comments, articles, blogs,
forums and any other such communication in which you
provide content to the Web site ("User Content"). You
agree that you are solely responsible for your communications
and any content you provide.
Rules Governing User Content. In consideration
for being allowed to post or contribute content, you
agree that your failure to abide by the following rules
in using the Web site shall constitute a material breach
of these Terms and Conditions:
- Do not disrespect the privacy and views of others,
or use the service to stalk or harass another;
- Do not use or provide User Content for commercial
purposes, including but not limited to the promotion
of any specific goods or services;
- Do not provide User Content that is harmful to minors
in any way;
- Do not provide obscene, profane, sexually explicit,
libelous, slanderous, defamatory, harmful, threatening,
illegal or knowingly false User Content;
- Do not provide User Content containing expressions
of bigotry, racism or hate;
- Do not provide User Content encouraging conduct that
may constitute or contribute to a criminal offense,
give rise to civil liability or violate any national,
state or local law, regulation or authority;
- Do not impersonate another person, or permit any
other person or entity to use your identification to
post or view User Content;
- Do not provide User Content that infringes on the
copyright, trademark, patent, trade secret or other
intellectual property rights of others;
- Do not provide User Content that violates the privacy
or publicity rights of others;
- Do not provide User Content that supports or provides
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; and
- Do not provide User Content containing malicious
code, including but not limited to computer viruses,
Trojan horses, or other programs designed to disrupt,
damage or restrict the use of any computer software
or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You
may not post or transmit content belonging to any person
or party other than yourself, without the prior written
consent of such owner. Simply because material is available
on the Internet does not mean it is in the public domain.
The vast majority of materials on the Internet are protected
by copyright and trademark laws. MEDIA GENERAL shall
have the right, but not the obligation, to monitor any
User Content areas of the Web site to determine compliance
with these Terms and Conditions and any other operating
rules that may be established by MEDIA GENERAL from time
to time.
MEDIA GENERAL's Right to Remove User Content. MEDIA
GENERAL does not assume any responsibility for the consequences
of any user-generated or contributed content on the MEDIA
GENERAL site. If notified by a user of communications
that are alleged not to conform to the rules set forth
in this Section, MEDIA GENERAL may investigate the allegation
and determine in its sole discretion to remove or request
the removal of the communications. MEDIA GENERAL reserves
the right to remove communications that fail to conform
to these Terms and Conditions. In addition, MEDIA GENERAL
reserves the right (but is not obligated) to delete any
User Content posted on the MEDIA GENERAL site, regardless
of whether such communications violate these Terms and
Conditions.
MEDIA GENERAL's Right to Use User Content. MEDIA GENERAL
reserves the right to record, re-purpose or re-publish
User Content on its Web sites, newspapers, broadcast
stations or other publishing forums. By posting User
Content, you are granting to MEDIA GENERAL and its licensees
a worldwide, royalty-free, perpetual, non-exclusive and
irrevocable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform and display any posting by you (in
whole or in part) and/or to incorporate it in other works
in any form, media or technology now known or hereafter
developed.
Responsibility for User Content. You agree to defend,
indemnify and hold harmless MEDIA GENERAL and its officers,
directors, affiliated companies, employees, agents, licensors
and suppliers, from and against any and all claims, actions
or demands, liabilities and settlements, including, without
limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your use of any User-generated
or Contributed Content or use by others of any User-generated
or Contributed Content with respect to you, including,
without limitation, any claim of libel, defamation, harassment,
violation of rights of privacy or publicity, loss of
service or infringement of intellectual property or other
rights, or violation of these Terms and Conditions.
NOTE TO USERS. MEDIA GENERAL does not represent
or guarantee the truthfulness, accuracy or reliability
of any User Content or endorse any opinions expressed
by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR
OWN RISK.
Termination of Privileges
MEDIA GENERAL reserves the right to terminate your privilege
of using all or any portion of the Web site if you breach
any of these terms and conditions of use. If MEDIA GENERAL
receives notice or otherwise discovers that you have
posted material that infringes another party's copyright
or trademark rights or violates another party's rights
of privacy or publicity, MEDIA GENERAL may terminate
your access to the Web site, including all of your privileges
or accounts that you may have established in connection
with the Web site.
General
These Terms and Conditions (including the privacy policy
attached hereto, which shall be deemed to be a part of
these Terms and Conditions) constitute the entire agreement
and understanding between you and MEDIA GENERAL with
respect to use of the Web site, superseding all prior
or contemporaneous communications and/or proposals. These
Terms and Conditions also are severable, and in the event
any provision is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any
way affect the validity or enforceability of the remaining
provisions. MEDIA GENERAL reserves the right to make
changes to these Terms and Conditions immediately by
posting the changed Terms and Conditions in this location.
By continuing to use the Web site, you are agreeing to
all changes made by MEDIA GENERAL. A printed version
of these Terms and Conditions shall be admissible in
judicial or administrative proceedings based upon or
relating to use of the Web site to the same extent and
subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
Jurisdiction
The Web site is controlled and operated by MEDIA GENERAL
from its principal office in the Commonwealth of Virginia,
United States of America. MEDIA GENERAL makes no representation
that materials on the Web site are appropriate or available
for use in other locations. Those who choose to access
the Web site from other locations do so on their own
initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Web site is not intended to subject MEDIA GENERAL
to the laws or jurisdiction of any state, country or
territory other than the Commonwealth of Virginia and
the United States of America.
MEDIA GENERAL PRIVACY POLICY
For each visitor to the Web site, MEDIA GENERAL's servers
automatically collect information about which pages are
visited and the domain name of visitors. This information
is used for internal review, to tailor information to
individual visitors and for Web site traffic audits.
We also provide this information (as well as information
from third-party market researchers) about our users
on an aggregated, anonymous basis to our advertisers.
MEDIA GENERAL may place a "cookie" on
the browser of your computer. The cookie itself does
not contain any personally identifying information.
A cookie may be used to tell when your computer has
contacted the Web site. MEDIA GENERAL uses the information
for editorial purposes and for other purposes such
as delivery of features and advertisements, so MEDIA
GENERAL can customize delivery of information to you
without compromising privacy. For example, cookies
may be used to ensure that you will not see the same
banner advertisement too often in a single session.
MEDIA GENERAL may, in the course
of providing services through its Web sites, ask you
to disclose voluntarily certain information about yourself.
This could include information that identifies you
or your household. Any information in MEDIA GENERAL's
possession solely as a result of your use of the Web
site and that is associated with you or your household
is considered "Personal Information." It
consists of both information supplied by you (e.g. name,
address, telephone number and e-mail address) and information
collected about how you use the Web site (e.g. the fact
that you have bought merchandise through the Web site).
'Personal Information' does not include statistical data
about large numbers of users, none of whom are identifiable,
nor does it include information that you have posted
for public view on the Web site or otherwise publicly
disclosed.
Like many other commercial sites, our site may utilize
an electronic file called a Web beacon to count users
who have visited a page or recognize users by accessing
certain cookies. Our site and/or the Web sites of advertisers
and merchants with which we have a relationship may use
Web beacons (a) for auditing purposes and to collect
information from the Web sites of certain advertisers
or merchants; (b) to report anonymous individual and/or
aggregate information about our users from such advertisers
or merchants. Aggregate information may include demographic
and usage information. No personally identifiable information
about you is shared with such advertisers or merchants.
You may choose to opt-out by contacting us in accordance
with the information set forth at the bottom of this
policy.
MEDIA GENERAL uses Personal Information only for purposes
necessary to provide the Web site and other products
and services to you. These purposes are:
- to process requests or orders placed with advertisers
or merchants
- to perform such normal business operations as billing,
collecting and accounting
- to personalize and publicize the Web site based on
your interests, including making you aware of editorial
features, advertisements and commercial items
- to investigate complaints and to protect the Web
site and MEDIA GENERAL, its readers and employees as
provided by law or in case of emergency, as determined
by legal counsel for MEDIA GENERAL
Except as necessary to process your requests or orders
placed with advertisers or merchants featured on the Web
site, MEDIA GENERAL does not rent, sell, barter or give
away any lists containing Personal Information for use
by any outside company. MEDIA GENERAL also respects the
privacy of data on your personal computer and does not
access, read, upload or store data contained in or derived
from your private files without your authorization.
Links
The MEDIA GENERAL site contains
links to other sites. MEDIA GENERAL is not responsible
for the privacy practices or the content of such Web
sites, including any sites that may indicate a special
relationship or partnership with MEDIA GENERAL (such
as co-branded pages or "powered
by" or "in cooperation with" relationships). MEDIA GENERAL
does not disclose personally identifiable information
or unique identifiers to those responsible for the linked
sites. The linked sites, however, may collect personal
information from you that is not subject to MEDIA GENERAL's
control. To ensure protection of your privacy, always
review the privacy policy of the sites you may visit
by linking from the MEDIA GENERAL site.
Opt Out Procedures
You always may opt out of receiving future mailings
or other information from MEDIA GENERAL. If the mailing
does not have an e-mail cancellation form, send e-mail
to comments@mediageneral.com detailing
the type of information that you no longer desire to
receive.
Children's Privacy
The following additional terms, conditions and notices
apply to use of the Web site by children under the age
of 13 years whenever MEDIA GENERAL becomes aware that
a user is in that age range:
- Users under 13 years of age may not submit or post
information on the Web site without the consent of
the user's parent or legal guardian. Prior to collecting
any personal information about a child under 13, MEDIA
GENERAL makes reasonable efforts to obtain consent
from the child's parent after informing the parent
about the types of information MEDIA GENERAL will collect,
how it will be used, and under what circumstances it
will be disclosed.
- Although MEDIA GENERAL will apply these children's
terms and conditions whenever it becomes aware that
a user who submits Personal Information is less than
13 years old, no method is foolproof. MEDIA GENERAL
strongly encourages parents and guardians to supervise
their children's online activities and consider using
parental control tools available from online services
and software manufacturers to help provide a child-friendly
online environment. These tools also can prevent children
from disclosing online their name, address, and other
personal information without parental permission.
- "Personal information" collected from children may
include any of the information defined above as "Personal
Information" with respect to general users of the Web
site and may be used by MEDIA GENERAL for the same
purposes. Except as necessary to process a child's
requests or orders placed with advertisers or merchants
featured on the Web site, MEDIA GENERAL does not rent,
sell, barter or give away any lists containing a child's
Personal Information for use by any outside company.
- If a child enters a game, contest or other activity
sponsored by MEDIA GENERAL on the Web site, the child
may be required by MEDIA GENERAL to provide the minimum
Personal Information reasonably necessary for the child
to participate in such activity.
- A child's parent or legal guardian may request MEDIA
GENERAL to provide a description of the Personal Information
that MEDIA GENERAL has collected from the child, as
well as instruct MEDIA GENERAL to cease further use,
maintenance and collection of Personal Information
from the child.
- If a child voluntarily discloses his or her name,
e-mail address or other personally-identifying information
on chat areas, bulletin boards or other forums or public
posting areas, such disclosures may result in unsolicited
messages from other parties.
General
These Terms and Conditions constitute the entire agreement
and understanding between you and MEDIA GENERAL with
respect to use of the Web site, superseding all prior
or contemporaneous communications and/or proposals. MEDIA
GENERAL reserves the right to make changes to these Terms
and Conditions immediately by posting the changed Terms
and Conditions in this location. By continuing to use
the Web site, you are agreeing to all changes made by
MEDIA GENERAL. A printed version of these Terms and Conditions
shall be admissible in judicial or administrative proceedings
based upon or relating to use of the Web site to the
same extent and subject to the same conditions as other
business documents and records originally generated and
maintained in printed form.
The Web site is controlled and operated by MEDIA GENERAL
from its principal office in the State/Commonwealth of
Virginia, USA. MEDIA GENERAL makes no representation
that materials on the Web site are appropriate or available
for use in other locations. Those who choose to access
the Web site from other locations do so on their own
initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Web site is not intended to subject MEDIA GENERAL
to the laws or jurisdiction of any state, country or
territory other than the State/Commonwealth of Virginia
and the United States of America.
Contacting Us
If you have any questions about this privacy statement,
the practices of the MEDIA GENERAL site, or your dealings
with MEDIA GENERAL, you may contact us at:
MEDIA GENERAL OPERATIONS, INC.
Attn: Peter Howard
111 North Fourth Street
Richmond, Virginia 23219
phone: 804.649.6887
fax: 804.649.6580
e-mail: comments@mediageneral.com
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