Registration and Posting. To post information or comments on the ESPNWilmington.com Web site, or to obtain access to certain ESPNWilmington.com services, you must become a registered user of the site. We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 18 to register to use the Service. In our registration process, you will be required to provide your e-mail address, zip code, gender, and year of birth. You also will be asked to select a password. You agree that the information you supply during the ESPNWilmington.com registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any member account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account.
Information Provided by ESPNWilmington.com
The content on the ESPNWilmington.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ESPNWilmington.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. ESPNWilmington.com is a trademark of Capitol Broadcasting Company, Inc. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ESPNWilmington.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ESPNWilmington.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ESPNWilmington.com Website or the Content therein. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source code contained in the ESPNWilmington.com service.
The ESPNWilmington.com Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ESPNWilmington.com does not guarantee any confidentiality with respect to any submissions. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by a ESPNWilmington.com member, or for ESPNWilmington.com's failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via or link to from the ESPNWilmington.com site and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our site; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize ESPNWilmington.com to use the User Submissions in the manner contemplated by this site and these Terms of Service; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this site and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ESPNWilmington.com, you hereby grant ESPNWilmington.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ESPNWilmington.com Website and ESPNWilmington.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ESPNWilmington.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ESPNWilmington.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the ESPNWilmington.com Website.
In connection with User Submissions, you further agree that you will not: (i) 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 ESPNWilmington.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ESPNWilmington.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
By using our site, you agree that you will not post or otherwise make available any content or material that:
* is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy ESPNWilmington.com;
* harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* harms minors in any way;
* impersonates any person or entity, including, but not limited to, a ESPNWilmington.com employee or another ESPNWilmington.com member, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
* includes personal or identifying information about another person without that person's explicit consent;
* is false, deceptive, misleading, deceitful or misinformative;
* is non-local or otherwise irrelevant;
* infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
* you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
* contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the ESPNWilmington.com Web site or any computer software or hardware or telecommunications equipment;
* interferes with or disrupts the ESPNWilmington.com service or servers or networks connected to ESPNWilmington.com, or disobeys any requirements, procedures, policies or regulations of networks connected to the ESPNWilmington.com;
* intentionally or unintentionally violates any applicable local, state, national or international law;
* provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Prohibited Behavior Includes:
You further agree that you will not:
* contact anyone who has asked not to be contacted;
* engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community.
* collect personal data about, or the e-mail addresses of, other ESPNWilmington.com members for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
* repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
* take or cause to be taken any action that disrupts the normal flow of postings and dialogue on ESPNWilmington.com (such as submitting an excessive number of messages - i.e., a flooding attack), or that otherwise negatively affects other members' ability to use the ESPNWilmington.com site and/or services;
ESPNWilmington.com may contain links to other Web sites that are not owned or operated by ESPNWilmington.com and are separate and independent from our site. Visiting such other Web sites from ESPNWilmington.com is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Web site does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.
Copyright Infringement Notification Procedure
If you are an owner of intellectual property or an agent of such owner who believes your intellectual property has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us. Click here for instructions on how to do so.
Classified; Limitation on Liability
ESPNWilmington.com offers private individuals the opportunity to place classified ads on the ESPNWilmington.com. Commercial firms are prohibited from creating free listings, but they may purchase premium listings. ESPNWilmington.com reserves the right to remove listings it believes have been placed by commercial entities.
Your interactions with organizations and/or individuals found on or through ESPNWilmington.com, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that ESPNWilmington.com/Capitol Broadcasting Company, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ESPNWilmington.com/Capitol Broadcasting Company, Inc. is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby release ESPNWilmington.com/Capitol Broadcasting Company, Inc., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our ESPNWilmington.com.
You represent and warrant that no classified ad you post on ESPNWilmington.com (nor any enhancement you post to an existing listing) (a) will violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), (b) will be libelous, nor (c) will it infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. You will indemnify and hold ESPNWilmington.com, its affiliated entities and its employees harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees) incurred by them in connection with (x) any breach or alleged breach of this warranty, and/or (y) any classified ad you post or any enhancement you post to an existing listing.
THE AGGREGATE LIABILITY OF ESPNWilmington.com ARISING OUT OF ANY CLASSIFIED AD YOU POST OR ATTEMPT TO POST ON ESPNWilmington.com, ANY YELLOW PAGES LISTING YOU POST, AND ANY ENHANCEMENT YOU POST TO AN EXISTING LISTING WILL BE LIMITED TO THE AMOUNT YOU PAID TO ESPNWilmington.com, IF ANY, WITH RESPECT TO THE AD(S) AND/OR LISTINGS OUT OF WHICH THE CLAIM ARISES OR THE DISPLAY OF THE RELEVANT AD OR LISTING AT A LATER TIME, AT ESPNWilmington.com's DISCRETION. OTHERWISE, ESPNWilmington.com WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY OR ARISING OUT OF ESPNWilmington.coms FAILURE TO DISPLAY ANY CLASSIFEID AD OR ANY YELLOW PAGES LISTING, OR THE MANNER IN WHICH ANY SUCH AD OR LISTING IS DISPLAYED.
If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment. If you see something on the site that you believe violates this Community Agreement, interferes with the ability of others to enjoy the site, or is otherwise objectionable, click the "Report Misconduct" link on that page or please notify our Customer Service Manager.
Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between members of this site, or between a member and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other members, you release ESPNWilmington.com, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our site.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the ESPNWilmington.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ESPNWilmington.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ESPNWilmington.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Disclaimer of Warranty; Limitation of Liability; Indemnification
We work hard to make this Web site. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Web site.
NO WARRANTIES: YOU AGREE THAT USE OF THE ESPNWilmington.com. WEB SITE ("ESPNWilmington.com SITE" OR "SITE") AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY ESPNWilmington.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESPNWilmington.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ESPNWilmington.com. DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE ESPNWilmington.com. SITE.
LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL ESPNWilmington.com OR ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF ESPNWilmington.com AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ESPNWilmington.com FOR THE USE OF THIS WEB SITE.
INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ESPNWilmington.com, ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE ESPNWilmington.com SITE BY YOU OR BY OTHERS USING YOUR ACCOUNT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
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Choice of Law and Forum
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