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User AgreementHome / Member Center / Help / User Agreement  

 



Welcome to The News & Observer, a news, information and communication service available on the Internet's World Wide Web. The News & Observer is a division of The McClatchy Company ("The News & Observer" the "Service"). By viewing the content of The News & Observer and downloading its pages, you agree to abide by the policies contained in this Agreement. In addition, certain services, including, but not limited to, our 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 News & Observer, including articles, photos, images, graphics, audio and video clips and other content, is owned by The News & Observer, or by other information providers who have licensed their content for use on this site. Additionally, the entire content of The News & Observer is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is The News & Observer. The site also contains some user-contributed content, including, but not limited to message boards and online forums; product and service reviews; chats and chat transcripts; and online calendars. The statements, opinions and views expressed in user-contributed areas are the property of the individual/individuals contributing the infomation. The News & Observer makes no claims to the veracity or usefulness of material submitted and published by individual users. The News & Observer provides the tools for the creation of such content and reserves the right to republish and redistribute such content on the Web site as well as in print. The collective content of our message boards and online forums are copyrighted as a collective work under the United States copyright laws; the owner of the collective work is The News & Observer. By using the Service, you agree that:

  1. You may electronically store a reasonable portion of The News & Observer'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.
  2. You will not in any way violate the intellectual property laws protecting the content accessible through The News & Observer. 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 News & Observer or others.
  3. 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 News & Observer or the copyright holder.
  4. You will cooperate promptly and completely with any reasonable request by The News & Observer related to an investigation of infringement of copyright or other proprietary right.

To obtain permission to reuse or republish any of The News & Observer's content, please click here for the reprint policies and procedures or write to Publisher, The News & Observer, 215 S. McDowell St., Raleigh, NC 27602. Other information providers accessible through The News & Observer own their content and The News & Observer cannot grant permission to reuse or republish material from those information providers. Please contact them directly.

Your privacy
The News & Observer 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 News & Observer, the McClatchy Company 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 News & Observer handles your personal information, please refer to The News & Observer's Privacy Policy. Other services and information providers accessible through The News & Observer have their own policies about using personal information and you should contact them directly for their policies.

Kids' Use of the Site
The News & Observer 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 News & Observer services. Parental consent can be provided in two ways:

  1. Send a fax copy of a completed Parental Consent Form, including your signature, to the facsimile number provided on the Parental Consent Form (which will be provided in applicable areas on our site); or
  2. Call our toll-free number at the telephone number provided on the Parental Consent Form.

The News & Observer will not knowingly gather or 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 News & Observer handles kids' privacy, please refer to The News & Observer's Privacy Policy. Other services and information providers accessible through The News & Observer have their own policies about kids' privacy and you should contact them directly for their policies. The News & Observer 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.

Disclaimer
While The News & Observer 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 News & Observer 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 our forums or elsewhere on the Service represent the contributor' s own views and not necessarily those of The News & Observer. The News & Observer does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorized The News & Observer spokespersons. Any investment decisions or other actions that users take based on information available through The News & Observer 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 WEB SITE OR RESOURCE). In no event will The News & Observer 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 use The News & Observer, or any information or services provided on the Service, even if The News & Observer 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 News & Observer. Any liability of The News & Observer, 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.

Indemnification
You agree to indemnify and hold harmless The News & Observer 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.

Cost
There is no cost for using the basic services of The News & Observer. 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.

Jurisdiction
This Agreement between The News & Observer and its users will be governed and interpreted under the laws of the state of North Carolina, without regard to its conflict of laws provisions. Any action brought in connection 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 General Court of Justice, Superior Court Division, State of North Carolina, County of Wake or U.S. District Court for the State of North Carolina, Eastern District, 4th Judicial District.

Let us know your thoughts
We hope you enjoy using The News & Observer. Questions and comments about The News & Observer may be sent to us using our feedback form. Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. The News & Observer 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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