Terms of Service / Member Agreement

<p>Terms of Use</p><p>1. General Rules & Definitions</p><p>1.1 If you choose to use the GoUpstate.com Website and mobile services ("the Service"), you will be agreeing to abide by all of the terms and conditions of these Terms of Use (this “Agreement”) between you and GoUpstate.com.</p><p>1.2 GoUpstate.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.</p><p>1.3 If any of these rules or any future changes are unacceptable to you, you may cancel your membership by sending E-mail to online@shj.com (See Section 10.1 regarding termination of Service). Your continued use of the Service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.</p><p>1.4 You understand and acknowledge that your use of the Service from a terminal such as a personal computer or a mobile device is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery. For additional questions on the mobile messaging services contact Customer Support.</p><p>1.5 GoUpstate.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. GoUpstate.com may also impose limits on certain features and services, restrict your access to parts or all of the Service without notice or liability, or charge a fee for access to some or all of the Website and its Content.</p><p>2. GoUpstate.com Content & Member Submissions</p><p>2.1 The contents of the GoUpstate.com Website and Service are intended for your personal, noncommercial use. All materials published on GoUpstate.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Spartanburg Herald-Journal, GoUpstate.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.</p><p>2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.</p><p>2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from GoUpstate.com or the copyright holder identified in the copyright notice contained in the Content.</p><p>2.4 Although GoUpstate.com attempts to ensure the integrity and accurateness of the Website, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and Content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform GoUpstate.com so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, GoUpstate.com shall have no responsibility or liability for information or Content posted to the Website from any non-GoUpstate.com affiliated third party. Certain Content is furnished by the Associated Press, Reuters, and other third party providers, and GoUpstate.com will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.</p><p>3. Uploading or Posting User Generated Content</p><p>3.1 You shall not upload to, or distribute or otherwise publish on the Website any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.</p><p>3.2 (a) Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."</p><p>3.2 (b) Use respectful language. Like any community, GoUpstate.com public comment areas flourish only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.</p><p>3.2 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. GoUpstate.com encourages active discussions on our Website. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.</p><p>3.3 Our public comment areas of our Website shall be used only in a noncommercial manner. You shall not, without the express approval of GoUpstate.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.</p><p>3.4 You are solely responsible for the content of your messages. However, while GoUpstate.com does not and cannot review every message posted by you on the Website and is not responsible for the content of these messages, GoUpstate.com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. GoUpstate.com also reserves the right, in its sole discretion, to disallow the use of a particular screen name, or to terminate any user's posting privileges at any time.</p><p>3.5 You agree that any submissions you make to the Service (e.g. Commentary, Photographs) may be edited, removed, modified, published, transmitted, displayed, or used in any other way by GoUpstate.com and its licensees in any and all media, whether now known or hereafter devised.</p><p>3.6 By submitting a review, you are consenting to its display, in connection with your screen name, on the Website and for related online and offline promotional uses by GoUpstate.com and its licensees.</p><p>3.7 Any person involved in or affiliated with the production of a work reviewed on GoUpstate.com may not submit a review for that work or competing works.</p><p>3.8 Process for filing complaints including copyright infringement:</p><p>If you see any behavior that violates these terms of service, please contact the site administrators by using the notify button found within our forums or by e-mailing online@shj.com. </p><p>We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.</p><p>GoUpstate.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to GoUpstate.com's Designated Copyright Agent, identified below.</p><p>Notices of Alleged Infringement for Content Made Available Through the GoUpstate.com Website</p><p> If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements. </p><p>1. Identify the copyrighted works that you claim have been infringed.</p><p>2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.</p><p>3. Provide your mailing address, telephone number, and, if available, email address.</p><p>4. Include both of the following statements in the body of the Notice:</p><p>"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."</p><p>"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."</p><p>5. Provide your full legal name and your electronic or physical signature.</p><p>Deliver this Notice, with all items completed, to our Copyright Agent:</p><p>Rick Martin</p><p>Halifax Media Group, North Regional Publisher, </p><p>1893 Remount Road</p><p>Gastonia, NC 28054</p><p>4. Access & Availability of Service & Links</p><p>4.1 GoUpstate.com contains links to other related websites, resources, and sponsors of GoUpstate.com. Since GoUpstate.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or owner of such site.</p><p>5. Representations & Warranties</p><p>5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless GoUpstate.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. GoUpstate.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.</p><p>5.2 GoUpstate.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.</p><p>THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. </p><p>6. Registration & Security</p><p>6.1 As part of the registration process, you will select a password and a log in (your email address). You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a member log in of another person with the intent to impersonate that person; (ii) use a member log in which another person has rights without such person's authorization; or (iii) use a member log in that GoUpstate.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of GoUpstate.com.</p><p>6.2 (a) You shall notify online@shj.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.</p><p>6.3 You must be 13 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and member log in with others, subject to Section 6.4.</p><p>6.4 You are responsible for all usage or activity on your GoUpstate.com account, including use of the account by any third party authorized by you to use your member log in and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at GoUpstate.com's sole discretion, and GoUpstate.com may refer you to appropriate law enforcement agencies.</p><p>7. Fees & Payments</p><p>7.1 GoUpstate.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time GoUpstate.com requires a fee for portions of the Service that are now free (e.g., a subscription fee), GoUpstate.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by GoUpstate.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.</p><p>8. Communications Between GoUpstate.com & Users</p><p>8.1 We respect your privacy. Communications between GoUpstate.com and users will be made in strict accordance with the GoUpstate.com Privacy Policy.</p><p>8.2. GoUpstate.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service, in addition to messages from Spartanburg Herald-Journal.</p><p>8.3 GoUpstate.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or licensees on our Website may collect and share information about you only if you indicate your acceptance. For more information, please read our Privacy Policy.</p><p>8.4 GoUpstate.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Website and existing or prospective products and services. This information will be used to improve our Website and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form or as otherwise described in our Privacy Policy.</p><p>9. Software Licenses</p><p>9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by GoUpstate.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.</p><p>10. Termination</p><p>10.1 You may terminate your account at any time by sending an e-mail to online@shj.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.</p><p>10.2 GoUpstate.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.</p><p>11. Miscellaneous</p><p>11.1 This Agreement has been made in and shall be construed and enforced in accordance with South Carolina law. Any action to enforce this agreement shall be brought in the federal or state courts located in South Carolina. </p><p>11.2 Notwithstanding any of the foregoing, nothing in this Agreement will serve to preempt the promises made in the Privacy Policy.</p><p>11.3 Correspondence should be sent to online@shj.com. </p><p>11.4 You agree to report any copyright violations of the Agreement to GoUpstate.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in GoUpstate.com Service, please notify online@shj.com. (You may use this e-mail address for general questions as well.)</p><p>12. Mobile & Messaging Information</p><p>12.1 GoUpstate.com does not charge you to use the mobile services. Message and Data Rates May Apply. Please check your service plan with your mobile phone company to know the exact rate for sending and receiving a text message and accessing the mobile internet. No purchase necessary.</p><p>12.2 To unsubscribe to all messaging services with your mobile, text "STOP" to 22411. For help, text "HELP" to 22411.</p>