1. Your Acceptance
Onlyinoldtown.com may contain links to third-party websites that are not owned or controlled by onlyinoldtown. third party websites that are interested in linking to onlyinoldtown's website, please refer to onlyinoldtown's third party linking policy. onlyinoldtown has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, onlyinoldtown will not and cannot censor or edit the content of any third-party website. By using the website, you expressly relieve onlyinoldtown from any and all liability arising from your use of any third-party website.
3. User Submitted Content
A. As an onlyinoldtown CONTRIBUTOR you may submit information, data, photographs, sound, graphics, video, messages, reviews or other materials ("User Submitted Content") to this website. You understand that whether or not such Content is published, onlyinoldtown does not guarantee any confidentiality with respect to any User Submitted Content.
B. You shall be solely responsible for your own User Submitted Content and the consequences of posting or publishing them. In connection with User Submitted Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize onlyinoldtown to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submitted Content to enable inclusion and use of the User Submitted Content in the manner contemplated by the website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submitted Content. However, by submitting User Submissions to onlyinoldtown, you hereby grant onlyinoldtown a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submitted Content in connection with onlyinoldtown.com and onlyinoldtown's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of onlyinoldtown.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of onlyinoldtown.com a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submitted Content as permitted through the functionality of the website and under these Terms of Service.
D. In connection with User Submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant onlyinoldtown all of the license rights granted herein.
E. ONLYINOLDTOWN RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK USERS OF OUR WEB SITES TO DO THE SAME. IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT ("dmcA") AND OTHER APPLICABLE LAW, WE HAVE ADOPTED A POLICY OF TERMINATING, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, USERS, SUBSCRIBERS, OR ACCOUNT HOLDERS WHO ARE DEEMED TO BE REPEAT INFRINGERS. WE MAY ALSO AT OUR sole discretion limit access to our web site and/or terminate the account of any users who infringe intellectual property rights of others.
f. if you believe that any material on this website infringes upon any copyright which you own or control, or that any link on this website directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below. notifications of claimed copyright infringement must be sent to onlyinoldtown's designated agent for notice of claims of copyright infringement. our designated agent may be reached as follows:
ONLY IN OLD TOWN
ATTENTION: STEPHEN TURNER
P.O. BOX 11706
ROCK HILL, SOUTH CAROLINA 29731
g. onlyinoldtown does not endorse any User Submitted Content or any opinion, recommendation, or advice expressed therein, and onlyinoldtown expressly disclaims any and all liability in connection with User Submitted Content. onlyinoldtown does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and onlyinoldtown will remove all Content and User Submitted Content if properly notified that such Content or User Submitted Content infringes on another's intellectual property rights. onlyinoldtown reserves the right to remove Content and User Submitted Content without prior notice.
h. THE PURPOSE OF THE ONLYINOLDTOWN WEBSITE IS TO PROVIDE INFORMATION REGARDING HISTORY, COMMUNITY, CULTURE, ACTIVITIES AND COMMERCE IN THE OLD TOWN AREA. THE OLD TOWN AREA CONSISTS OF HISTORIC DOWNTOWN, WINTHROP UNIVERSITY, THE TEXTILE CORRIDOR AND THE CITY'S ORIGINAL NEIGHBORHOODS IN THE IMMEDIATE VICINITY OF THESE AREAS, a map of which is attached hereto for reference. THEREFORE, ALL USER SUBMITTED CONTENT MUST RELATE DIRECTLY TO HISTORY, COMMUNITY, CULTURE, ACTIVITIES OR COMMERCE IN THE OLD TOWN AREA. ANY USER SUBMITTED CONTENT NOT RELATED TO THE ABOVE WILL NOT BE POSTED ON THE WEBSITE. ALL USER SUBMITTED CONTENT MUST REMAIN ON-TOPIC, MEANING THAT ANY USER SUBMITTED CONTENT MUST RELATE TO THE TOPIC BEING DISCUSSED. OFF TOPIC COMMENTS WILL NOT BE POSTED. FINALLY, THE FOLLOWING USER SUBMITTED CONTENT WILL ALSO NOT BE POSTED: (1) PROFANITY AND VULGAR OR ABUSIVE LANGUAGE; (2) THREATS OF PHYSICAL OR BODILY HARM; and (3) OFFENSIVE TERMS THAT TARGET PROTECTED CLASSES, SUCH AS ETHNIC, RACIAL AND RELIGIOUS GROUPS.
4. Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
A. SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONLYINOLDTOWN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
B. ONLYINOLDTOWN MAKES NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C. ONLYINOLDTOWN MAKES NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. Limitation of Liability
IN NO EVENT WILL ONLYINOLDTOWN BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF ONLYINOLDTOWN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify and hold onlyinoldtown and our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your use of the site; User Submitted Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.
8. General Information
These Terms constitute the entire agreement between you and onlyinoldtown with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and onlyinoldtown. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. These Terms and the relationship between you and onlyinoldtown will be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within York County, South Carolina, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.