To use our services, including the submission of any content through our services, we require that you agree to these Terms of Service (“Terms”). You understand and agree that:
- The personal information you have provided to us is accurate.
- You have the right to submit any content that you provide to us.
- You are solely responsible for any content that you submit to us.
- Your submissions do not contain material that is defamatory, infringes on anyone else’s intellectual property rights, or is in any way unlawful; or that we may find to be indecent, profane, obscene, or otherwise objectionable.
- We may review your submissions and remove any content without notice and for any reason in our sole discretion, including if it violates these rules, other parts of the Terms, or is otherwise objectionable.
- When you submit content or other material, you grant us, our affiliates, and our partners the nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and distribute such content or other material in any way.
The full Terms are copied below.
THE WEBSITES “WVEXPLORER.COM AND WESTVIRGINIAEXPLORER.COM THAT ARE PROVIDING THIS SERVICE, THROUGH THEIR RELATIONSHIP WITH SIBRAY LLC, D/B/A WEST VIRGINIA EXPLORER (“WEST VIRGINIA EXPLORER”), PROVIDES A VARIETY OF ONLINE WEB SERVICES, MOBILE APPLICATIONS, AND OTHER SERVICES TO LOCATION-ENABLED AND OTHER TYPES OF DEVICES (COLLECTIVELY, THE “SERVICES”), FROM NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE SERVICES SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”).
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As our Services are an evolving medium, the Terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Services after the posting of changes to these Terms will signify your acceptance of these changes. West Virginia Explorer or WVExplorer.com may immediately terminate any individual’s use of the Services and/or such user’s password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that West Virginia Explorer or WVExplorer.com, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
© Copyright 1999-2013 West Virginia Explorer, except as to content supplied by WVExplorer.com which is Copyright 1999-2013 WVExplorer.com. All Rights Reserved.
Although the Services are freely accessible, by providing such access, West Virginia Explorer and WVExplorer.com do not intend to relinquish our respective rights, or any other party’s rights, to the materials appearing on the Services. Unless otherwise noted, West Virginia Explorer or WVExplorer.com owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Services. The material on the Services is provided for private, non commercial use only.
Reporting Copyright Infringement:
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a = copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent to receive notifications of claimed infringements is: Copyright Agent, c/o Sibray LLC, 115 White Ave., Beckley, WV 25801, Telephone number: 304-575-7390, email address firstname.lastname@example.org. Please include in your e-mail the URL of the website of WVExplorer.com or the name of the mobile application or other service which you believe to contain infringing content.
REPORTING OBJECTIONABLE MATERIAL
If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at www.raycommedia.com. Please include in your e-mail the URL of the website of WVExplorer.com or the name of the mobile application.
The “West Virginia Explorer” logo is a trademark and service mark of West Virginia Explorer. WVExplorer.com’s call sign is a trademark and service mark of WVExplorer.com. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Services:
- Restricting or inhibiting any other user from using and enjoying the Services;
- Impersonating any person or entity or posting personally identifying information of any other person;
- Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
- Without WVExplorer.com’s or West Virginia Explorer’s prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Services to become users of other online or mobile services competitive with WVExplorer.com or West Virginia Explorer);
- Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
- Using the Services for any commercial or unlawful purposes, including “spamming”;
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Services.
YOU EXPRESSLY AGREE TO INDEMNIFY, (AT OUR REQUEST) DEFEND, AND HOLD WEST VIRGINIA EXPLORER AND WVEXPLORER.COM, AND THE AFFILIATES AND SPONSORS OF EACH OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE AND/OR THE CODE OF CONDUCT ABOVE, (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR ANY RELATED SERVICES; (D) YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED SERVICES; AND/OR (E) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMIATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT BY YOU.
By using the Services you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the Services. If you are not yet 18 years old, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
Certain portions of the Services may allow you to purchase or license different types of products and services that are provided by West Virginia Explorer, WVExplorer.com and/or third parties. WVExplorer.com and West Virginia Explorer are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services purchased or licensed on the Services. If requested to provide any information, you must provide information that is accurate, complete and current. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with either West Virginia Explorer, WVExplorer.com and/or a third party in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such licensing or purchases.
Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject and/or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
When you submit ad for publication on the Services, including but not limited to classified ads, you agree that the advertisement is licensed to WVExplorer.com and West Virginia Explorer for publication on the Services.
You may submit any text, images, data, or other materials (“Content”) on the Services. In so doing, you acknowledge and agree that you grant to West Virginia Explorer and WVExplorer.com a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and/or translate such Content without notice, attribution or payment to you. Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you. Further, by submitting Content on the Services, you acknowledge that you have the authority to grant such rights to West Virginia Explorer and the Station and use of the Content by the Station and West Virginia Explorer will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted on the Services by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Each of WVExplorer.com, West Virginia Explorer, and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
USE OF SECURE AREA AND PASSWORD
You are given access to any password-protected area of the Services when you are given permission and a password to enter such area. You may not distribute your password to others. You are responsible for all uses of your password and any and all damages to West Virginia Explorer and WVExplorer.com resulting from the distribution of your password, whether or not authorized by you.
You acknowledge and agree that West Virginia Explorer and WVExplorer.com have the right, but not the responsibility, to monitor the Services and related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Services properly, to protect itself, its sponsors and WVExplorer.com’s customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that West Virginia Explorer or WVExplorer.com deems to be an emergency. West Virginia Explorer and WVExplorer.com reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in the sole determination of West Virginia Explorer and WVExplorer.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY WEST VIRGINIA EXPLORER OR WVEXPLORER.COM. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ANY RELATED SERVICES.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WEST VIRGINIA EXPLORER, WVEXPLORER.COM, NOR THEIR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WEST VIRGINIA EXPLORER AND WVEXPLORER.COM ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THE SITE AND/OR SUCH SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although West Virginia Explorer and WVExplorer.com attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Services. West Virginia Explorer and WVExplorer.com make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us at www.wvexplorer.com so that it can be corrected. Please include the URL of WVExplorer.com’s Website or the name of the mobile application or other service in your email.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member of the Services, or other user not under contract with West Virginia Explorer or WVExplorer.com. West Virginia Explorer and WVExplorer.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized West Virginia Explorer employee spokespersons while acting in their official capacities. WVExplorer.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized employees of WVExplorer.com while acting in their official capacities. Under no circumstances will West Virginia Explorer or WVExplorer.com be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
LINKS TO OTHER WEBSITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the sites of the Electronic Frontier Foundation (www.eff.org) and GetNetWise (www.getnetwise.org).
VOID WHERE PROHIBITED
Although certain Services may be accessible worldwide, not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. West Virginia Explorer and WVExplorer.com reserve the right to limit the availability of the Services and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made through or on the Services is void where prohibited.
Station makes no representation that materials on the Services are appropriate, available or legal in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that these Terms, for all purposes, shall be governed and applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court in the state where WVExplorer.com is located. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
West Virginia Explorer and WVExplorer.com may at any time change the Services, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on the Services, by electronic mail, by conventional mail, or by another other means chosen in the sole discretion of West Virginia Explorer and WVExplorer.com. Your use of the services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
Last Updated: January 10, 2013