1. Content

(a) The content, including without limitation, text, images, data, graphics, animation, video and/or the arrangement of any of the foregoing on the Site and any Submissions (“GuideCharlotte Content”) are all subject to protection as the intellectual property of GuideCharlotte and such GuideCharlotte Content located on the Site and any other website owned, operated, licensed or controlled by GuideCharlotte or any related, affiliated or subsidiary companies or entities may not be copied (in whole or in part), reproduced, stored, displayed, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of GuideCharlotte. Any unauthorized modification or use of GuideCharlotte Content for any purpose violates GuideCharlotte’s intellectual property rights.

(b) GuideCharlotte grants to Users and Visitors a personal, nontransferable, revocable and limited license to view GuideCharlotte Content in connection with their authorized use and accessing of the Site and Services. No other right, title or interest to GuideCharlotte Content or to use or access the Site or Services is granted. Title to GuideCharlotte Content and any intellectual property rights therein is not transferred to a User or Visitor by such User or Visitor using or accessing the Site or Services, but ownership of all rights therein shall remain solely with GuideCharlotte, which owns full and complete title to GuideCharlotte Content and all intellectual property rights therein.

(c) BY ACCESSING THE SITE YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR YOUR SUBMISSIONS, AND YOU, NOT GUIDECHARLOTTE, HAVE FULL RESPONSIBILITY FOR SUCH SUBMISSIONS, INCLUDING ITS LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY AND COPYRIGHT. YOU FURTHER ACKNOWLEDGE THAT (I) YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR USERNAME, PASSWORD AND ANY ENCRYPTION KEY PROVIDED TO YOU FOR ACCESSING THE SERVICES OR SITE OR CONTENT STORED THEREON OR ACCESSIBLE THERETHROUGH, AND (II) GUIDECHARLOTTE ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR A LOST USERNAME, PASSWORD OR ENCRYPTION KEY.

 

2. Submissions

All remarks, suggestions, ideas, or other information communicated to GuideCharlotte by a User or Visitor regarding the Services and Site, including its functionality (a “Submission”) will forever be the property of GuideCharlotte. GuideCharlotte will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future GuideCharlotte operations. Without limitation, GuideCharlotte will have the exclusive ownership of all present and future existing rights to all Submissions of every kind and nature everywhere. GuideCharlotte will be entitled to use Submissions for any commercial or other purposes whatsoever without compensation to any person sending a Submission.

 

3. Notice and Takedown Procedures; Copyright Agent

(a) If you believe any materials accessible on or from the Site (including other Users’ or Visitors’ Submissions) infringe your copyright rights, you may request removal of such content (or access thereto) by submitting a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to GuideCharlotte’s designated Copyright Agent which sets forth the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location on the Site. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

(b) GuideCharlotte’s designated Copyright Agent to receive notifications of claimed infringement is:
Mark Squires, email: dmca@guidecharlotte.com.
DMCA notices must be submitted by email only; no fax submissions are accepted.
Only DMCA notices should be sent to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to GuideCharlotte’s customer service through the Site.

(c) You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

(d) Counter-Notice

  1. If your submission was removed (or access disabled) and you believe such submission is not infringing, or that you have authorization to post the content, you may submit a counter-notice containing:
    1. Your physical or electronic signature;
    2. Identification of the content removed and the location where it appeared before removal;
    3. A statement under penalty of perjury that you have a good faith belief the content was removed as a result of mistake or misidentification;
    4. Your name, address, telephone number, and email address, and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the U.S., the district in which GuideCharlotte is located.

If a counter-notice is received, GuideCharlotte may send a copy to the original complaining party. Unless the copyright owner files a court action, the removed content may be restored within ten (10) to fourteen (14) business days. GuideCharlotte maintains a policy for terminating, in appropriate circumstances, Users who are repeat infringers.

 

4. Proper Use

(a) You are responsible for your own use of the Site and Services and agree to comply with all applicable local, state, national, and international laws.

(b) You may not use the Site or Services to:

  • Promote adult content;
  • Post content depicting or encouraging incest or bestiality;
  • Exploit children in any way (violations will be reported to law enforcement);
  • Promote hate or violence toward protected groups;
  • Threaten or encourage violence against others;
  • Violate intellectual property or privacy rights;
  • Post another person’s confidential information without permission;
  • Impersonate others or mislead users;
  • Engage in or promote illegal activities;
  • Transmit viruses, malware, or harmful code.

(c) GuideCharlotte may suspend or terminate access, remove content, report violations, and pursue legal remedies.

 

5. No Warranties; Disclaimer; Limitation on Liability

(a) GUIDECHARLOTTE CONTENT, THE SITE, AND SERVICES ARE PROVIDED “AS IS.” GuideCharlotte MAKES NO WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS.

(b) GUIDECHARLOTTE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(c) You agree to indemnify and hold harmless GuideCharlotte from any claims arising from your use of the Site or breach of these Terms.

(d) Any claim must be filed within one (1) year.

 

6. Miscellaneous

(a) These Terms are governed by the laws of the State of North Carolina, USA. You consent to exclusive jurisdiction and venue in Raleigh, North Carolina.

(b) GuideCharlotte may revise these Terms at any time.

(c) No joint venture, partnership, employment, or agency relationship exists.

(d) GuideCharlotte may comply with law enforcement requests.

(e) GuideCharlotte owns all right, title, and interest in the Site, Content, and Services.

(f) Personally identifiable information is collected voluntarily and used solely by GuideCharlotte.

(g) These Terms and the Privacy Policy constitute the entire agreement between you and GuideCharlotte.