Raleigh Public Record Terms of Use
Introduction: Consent to Terms
Please read these Terms of Use before using Raleighpublicrecord.org, Raleigh Public Record mobile sites, websites and applications (collectively, the “Record Services”). By using the Record Services, you agree to be bound by these Terms of Use and the Privacy Policy. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Record Services.
Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Record Services following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications and services that may link to or from the Record Services.
Copyrights
The contents of the Record Services are protected by U.S. and international copyright laws. The contents of the Record Services are owned by or licensed to Raleigh Public Record and other producers or providers of programs or content to Raleigh Public Record (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to Raleigh Public Record by the user.
You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Record Services without the prior written consent of Raleigh Public Record, except as provided below.
All rights not expressly granted in these Terms of Use are reserved to Raleigh Public Record. You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Raleigh Public Record promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the Record Services that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.
No quotes from any material on the Record Services may be used in any media without attribution to Raleigh Public Record. News organizations wishing to publish our content may do so for free, under the guidelines of the Raleigh Public Record Borrow Our Content policy.
Trademarks
Raleigh Public Record, Raleigh Public Record program names, and Content Provider names, logos and program names, are service marks. All rights are reserved by the respective owners. You may not use any Raleigh Public Record-provided service marks, logos or graphics, without Raleigh Public Record’s prior written consent, except that you shall have the right, and obligation, to use any Raleigh Public Record or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, Raleigh Public Record’s Media Player, or other functionalities of the Record Services, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds, Raleigh Public Record Media Player, or other functionalities of the Record Services.
User Materials
Through the Raleigh Public Record comment portals of the Record Services, through the Contact Us page, and through other features of the Record Services, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the Record Services (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Raleigh Public Record staff and on the Record Services by the general public. You acknowledge that the Record Services, the Raleigh Public Record comment portal, and other features of the Record Services, are for public and not private communications. We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the Record Services. However, by submitting User Materials on or through the Record Services, you hereby grant Raleigh Public Record and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Record Services, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant Raleigh Public Record and its licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
In addition, you grant each user of the Record Services, and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Record Services and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Use, and as permitted by the functionality of the Record Services (such as through widgets and API Content distribution).
For any User Materials you Submit on or through the Record Services, you agree to abide by the “Rules of Use for the Service” set forth below and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.
Links to the Record Services
Raleigh Public Record encourages and permits links to content on the Record Services. However, Raleigh Public Record is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that Raleigh Public Record promotes or endorses any third party’s causes, ideas, web sites, products or services, or (b) use Raleigh Public Record content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Links to Third Party Sites and Services
The Record Services contain links to Internet sites, applications and services maintained by third parties, over which Raleigh Public Record has no control. Raleigh Public Record does not endorse the content, operators, products or services of such sites, and Raleigh Public Record is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Raleigh Public Record shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.
In some cases, the Record Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies. The Record Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to Raleigh Public Record, and that your use of the third party services is subject to the terms and policies of those services.
Content Feeds
Raleigh Public Record provides Really Simple Syndication (RSS) Feeds at http://www.raleighpublicrecord.org/feed/, and provides or may provide other content feeds on or through the Record Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the web site, weblog or similar application of a nonprofit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and which is not a news, broadcast or multimedia organization (“501(c)(3) Nonprofit Corporation”). You may display, excerpt from, and link to the Content Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, weblog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the Record Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Record Services page, (c) the use or display does not suggest that Raleigh Public Record promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to Raleigh Public Record or the relevant Content Provider adjacent to the Content Feed, by including “Raleigh Public Record News Headlines” or “Raleigh Public Record” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of Raleigh Public Record’s trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of Raleigh Public Record. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use.
Raleigh Public Record may withdraw Content Feeds at any time. Upon the request of Raleigh Public Record, you shall promptly cease all use of, and remove from your web site(s) or other platforms, any Content Feeds identified by Raleigh Public Record.
Raleigh Public Record Mobile Services
Raleigh Public Record does not charge you for the use of its mobile sites and applications, its interactive voice response services, or any features of these sites, applications and services (“Raleigh Public Record Mobile Services”). Please check your wireless plan, however, because your carrier’s per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and connections needed for you to use the Raleigh Public Record Mobile Services, and you are solely responsible for any costs you incur to access the Raleigh Public Record Mobile Services. You should keep in mind that the use of the Raleigh Public Record Mobile Services to send content to another person via e-mail or SMS (Short Message Service) or text message may result in wireless charges to both the sender and the receiver.
Raleigh Public Record Media Player
Raleigh Public Record offers an audio and video player for accessing audio and video content on the Record Services (the “Raleigh Public Record Media Player”). The Raleigh Public Record Media Player may be embedded or displayed on your personal web site, weblog, or similar application for personal, noncommercial purposes, or on your 501(c)(3) Nonprofit Corporation web site, weblog, or similar application (if you are not a news organization) for noncommercial purposes, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the Record Services when the user clicks on them, and all content is streamed from the originating Raleigh Public Record servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the Raleigh Public Record Media Player; (d) you shall not delete or modify the Raleigh Public Record logos contained in the Raleigh Public Record Media Player; (e) your use or display of the Raleigh Public Record Media Player must not suggest that Raleigh Public Record, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (f) you shall not use the Raleigh Public Record Media Player in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within the Raleigh Public Record Media Player and the Record Services. Any other use of Raleigh Public Record’s trademarks or service marks, the Raleigh Public Record Media Player, or of any content contained within the Raleigh Public Record Media Player requires the prior written permission of Raleigh Public Record. For permission requests, please visit our permissions page.
Rules for Use of the Service
By using the Record Services, including by registering for the Record Services, participating in the Raleigh Public Record comment portal, Submitting User Materials through the Raleigh Public Record comment portal, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the Record Services, you agree to the following rules:
1. You must be at least eighteen (18) years of age to register for or participate in the Raleigh Public Record comment portal or other social networking features of the Record Services; submit any User Materials or personally-identifying information on or through the Record Services; participate in any online contests; and/or place any type of order in exchange for a monetary sum on the Raleigh Public Record site. If you are between the ages of 13 and 18, you may browse the Record Services or register for email newsletters or other features of the Record Services (excluding the Raleigh Public Record comment portal) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Raleigh Public Record and users of the Record Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.
5. The Record Services can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Record Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Record Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Record Services.
7. You may not interfere with or disrupt the integrity or performance of the Record Services, any portion or contents thereof, or related systems or networks, or use the Record Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the Record Services or related systems or networks.
8. By submitting any User Materials on or through the Record Services, you hereby grant Raleigh Public Record and other Content Providers, their licensees, and users of these web sites, applications and services (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the “User Materials” section.
9. You are solely responsible for any User Materials submitted using your account. Raleigh Public Record does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the Record Services. However, Raleigh Public Record has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Comments Policy (for User Materials Submitted through the Raleigh Public Record comment portal), or these Terms of Use, or for any other reason, as determined in Raleigh Public Record’s sole discretion.
10. Raleigh Public Record is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the Record Services. Raleigh Public Record cannot verify the accuracy of statements that users make or place on or through Record Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Comments Policy (for User Materials Submitted through the Raleigh Public Record comment portal), or these Terms of Use.
11. By using the Record Services, you agree to abide by these rules. You acknowledge that Raleigh Public Record has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Comments Policy (for User Materials Submitted through the Raleigh Public Record comment portal), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Raleigh Public Record has the right to limit or terminate your, or any other person’s, access to or registration in the Record Services for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.
12. You agree to comply with these rules as they may be updated from time to time by Raleigh Public Record.
Representations; Indemnity
You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Record Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Record Services that may be necessary for their use as contemplated by the Record Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Record Services and these Terms of Use, (d) the User Materials, and their use by Raleigh Public Record, its licensees and users of the Record Services does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Comments Policy (for User Materials Submitted through the Raleigh Public Record comment portal), or these Terms of Use, your use of the Record Services complies with these Terms of Use. You agree that you will indemnify and hold harmless Raleigh Public Record, Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Record Services, (3) the User Materials you have Submitted on or through the Record Services, or (4) Raleigh Public Record’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Raleigh Public Record licensees and users.
Disclaimer
THE RECORD SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE RECORD SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RALEIGH PUBLIC RECORD DOES NOT WARRANT THAT THE RECORD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES RALEIGH PUBLIC RECORDMAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE RECORD SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE RECORD SERVICES OR THROUGH LINKS ON THE RECORD SERVICES. USE OF THE RECORD SERVICES IS ENTIRELY AT YOUR OWN RISK. CONTENT ON THE RECORD SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE RECORD SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE RECORD SERVICES. LIMITATION OF LIABILITY
IN NO EVENT WILL RALEIGH PUBLIC RECORD, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE RECORD SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR OFFERED ON OR THROUGH THE RECORD SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL RECORD, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
Right to Change Record Services
Raleigh Public Record reserves the right to change, terminate or suspend the Record Services, any features of the Record Services (including, but not limited to, Content Feeds, API Content, Podcasts, and the Raleigh Public Record Media Player), and any content or materials contained in the Record Services, in any way, at any time and for any reason or no reason. Raleigh Public Record also has the right to require you to cease accessing any features, content or materials of the Record Services.
International Users
The Record Services are controlled and operated within the United States. Raleigh Public Record makes no representation that content, materials or products available on or through the Record Services are appropriate or available for use outside of the United States. If you access the Record Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
Attributions & Third Party Notices
Certain third party content made available through the Record Services may be subject to other terms.
Miscellaneous
These Terms of Use, together with the Privacy Policy and Borrow Our Content Policy represent the entire understanding of the parties regarding the use of the Record Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Record Services. These Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services that may link to or from the Record Services. These Terms of Use shall be governed by and construed under North Carolina law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Record Services shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue in the State of North Carolina. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact Raleigh Public Record.
Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent
Raleigh Public Record respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Record Services, please provide the following information in writing to Raleigh Public Record Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. information so that we can contact you, such as address, telephone number and e-mail address.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Raleigh Public Record Copyright Agent can be reached as follows:
CONTACT PERSON
Copyright Agent – Charles C. Duncan Pardo, Editor
MEMBER ORGANIZATION NAME – Raleigh Public Record, Inc.
MEMBER ORGANIZATION ADDRESS – 907 Glenwood Avenue Raleigh NC
Phone: 919-987-1360
Email: editor@raleighpublicrecord.org
Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Record Services, please contact Raleigh Public Record through our contact page.
