User Agreement
Welcome to The Herald, a news, information and communicationservice available on the Internet's World Wide Web. The Herald is a division of The McClatchy Company ("The Herald" the "Service").By viewing the content of The Herald and downloading its pages, you agree to abide by the policies contained in this Agreement. In addition, certain services, such as our Sports Chat or forum discussions, e-mail services and others, may require additional user agreements, which will appear when you use those services.From time to time, we may make changes to this Agreement. If we do, we will notify you by posting the changes here. Continuing to use the Service after we have posted notice of these changes means that you agree to the changes.Copyrights, trademarks, etc.We've been working hard to provide you with interesting, useful and fun information. While you visit our site, please remember that all of the content published by The Herald, including articles, photos, images, graphics, audio and video clips, bulletin board postings and other content, is owned by The Herald, or by other information providers who have licensed their content for use on this site. Additionally, the entire content of The Herald is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is The Herald.If you believe that heraldonline.com or any user of heraldonline.com has infringed your copyright in any material way, please notify our Copyright Agent and provide the following information:
- An identification of the copyrighted work that you claim has been infringed.
- An identification of the material on heraldonline.com that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Your physical or electronic signature.
The Copyright Agent for heraldonline.com is Karole Morgan-Prager, General Counsel, who can be reached at 2100 Q Street, Sacramento, CA 95816 , or at kmorgan-prager@mcclatchy.com or at 916-321-1828.By using the Service, you agree that:
- You may electronically store a reasonable portion of The Herald's content for your personal, noncommercial use by making a single electronic copy on your computer's hard drive, a single copy on a diskette or a single copy in printed form. You also agree that you will not store or archive a significant portion of the content or create a database using the content.
- You will not in any way violate the intellectual property laws protecting the content accessible through The Herald. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of The Herald or others.
- You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of The Herald or the copyright holder.
- You will cooperate promptly and completely with any reasonable request by The Herald related to an investigation of infringement of copyright or other proprietary right.
To obtain permission to reuse or republish any of The Herald's content, please send an email message to the webmaster or write to Publisher Valerie Canepa, The Herald, 132 W. Main Street, Rock Hill, SC 29731.Other information providers accessible through The Herald own their content and The Herald cannot grant
permission to reuse or republish material from those information providers. Please contact them directly.Your privacyThe Herald takes your personal privacy seriously. We do collect some information about you when you register for certain services or participate in a user survey in order to provide you with the best possible experience on our site. We will not disclose any personal information about you without your advance permission, unless we have a good faith belief that it is reasonably necessary to comply with the law, to enforce this agreement, or to protect the interests of The Herald, the McClatchyCompany or others.Occasionally, we may disclose user information to our prospective partners, advertisers and others, but only in a form that does not identify individual users.For additional information about how The Herald handles your personal information, please refer to The Herald's Privacy Policy.Other services and information providers accessible throughThe Herald have their own policies about using personal information and you should contact them directly for their policies.Use of Message BoardsAnyone posting on Heraldonline.com message boards or blogs is required to adhere to the following rules:
- Post with respect and civility. You don't have to agree with someone to afford them the respect to post their thoughts. Attacking other posters will not be tolerated.
- Profanity will not be tolerated.
- Racial, ethnic and sexual slurs or negative name calling of any kind will not be tolerated
- No commercial solicitations will be allowed.
- We reserve the right to remove posts that are abusive, hateful or defame or insult anyone or that otherwise violate these rules.
- If you see a post that violates these rules and think it should be removed, contact online@heraldonline.com
- When posters violate the aforementioned board rules, moderators will do their best to adhere to the following actions (gross violations excepted):
1. Warning on the board within the post.
2. Temporary ban. Re-instatement with e-mail to the moderator.
3. Any further violations will be left to The Herald’s discretion.
Kids' Use of the SiteThe Herald is particularly concerned with providing a safe online environment for kids. Therefore, in areas directed to kids or when we learn that a user is under the age of 13, we will ask for parental consent before collecting additional personal information about the child or allowing the child to use the The Herald services. Parental consent can be provided in two ways:
- Send a fax copy of a completed Parental Consent Form, including your signature, to the fax number provided on the Parental Consent Form (which will be provided in applicable areas on our site); or
- Call our toll-free number at the telephone number provided on the Parental Consent Form.
The Herald will not knowingly disclose personal information about users under the age of 13 without prior parental consent, except as required by law. For more information about how The Herald handles kids' privacy, please refer to The Herald's Privacy Policy.Other services and information providers accessible through The Herald have their own policies about kids' privacy and you should contact them directly for their policies.The Herald strongly recommends that parents supervise their kids' use of the Internet. To assist you, a number of commercial products are available to help limit your child's access to material on the Internet that you may consider harmful or inappropriate. For more information about such products, click here.DisclaimerWhile The Herald strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database accessible through the Service. Nor does The Herald guarantee or warrant that any files available for downloading will be free of defects or that the Service will be timely or uninterrupted. While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality, security, availability and performance of the Service and the accuracy and completeness of any information is with the viewer or user of the Service.Likewise, the opinions, advice and all other information expressed on the nandotimes.com forums or elsewhere on the Service represent the provider's own views and not necessarily those of The Herald. The Herald does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorized The Herald spokespersons. Any investment decisions or other actions that users take based on information available through The Herald should first be reviewed by a competent financial adviser or other professional.THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, AVAILABILITY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEBSITE OR RESOURCE).In no event will The Herald be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to useThe Herald, or any information or services provided on the Service, even if The Herald has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies related to the content accessible through The Herald. Any liability of The Herald, based on a claim brought by you in connection with your use of the site, shall be limited to the amount paid by you, if any, for use of the site or any of its products during the one-year period immediately preceding the alleged damage. Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above may not apply to you.IndemnificationYou agree to indemnify and hold harmless The Herald from and against any and all liability, loss, claims, damages, costs and/or actions (including attorneys' fees) based upon or arising out of any breach by you of your obligations under this Agreement. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.CostThere is no cost for using the basic services of The Herald. From time to time, there may be premium content or services available via subscription or surcharges, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible, but we are not responsible in any way for their goods, services or conduct.JurisdictionThis Agreement between The Herald and its users will be governed and interpreted under the laws of the state of South Carolina, without regard to its conflict of laws provisions. Any action brought inconnection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, and filed in the Court of Common Pleas, State of South Carolina, County of York orU.S. District Court for the State of South Carolina, 4th Judicial District.Let us know your thoughtsWe hope you enjoy using The Herald. To see some of our other services, click here.
Questions and comments about The Herald may be sent to the webmaster.Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider.The Herald cannot address questions about the content or services provided by others, but we welcome your comments and suggestions regarding this Service.
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