Terms of Use

North Carolina Department of Commerce, Division of Tourism, Film and Sports Development (“Division”), requires all users and visitors to the www.visitnc.com website (“Site”) to agree to these terms and conditions (“Terms & Conditions” or “Agreement”). Please read this Agreement carefully and, if you do not agree to all of the terms and conditions, you should not use or access the Site. By using or accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions and agree to be bound by them. As used herein, a “Visitor” is an individual that is using or accessing the Site, but has not created a user account, and a “User” is an individual that has created a user account through the Site. The term “Services” is used herein to collectively refer to the various services and functionality offered to Users and Visitors through the Site, as well as the provision of content and print or electronic literature through the Site.

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 (“Division Content”) are all subject to protection as the intellectual property of the Division and such Division Content located on the Site and any other website owned, operated, licensed or controlled by the Division 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 the Division. Any unauthorized modification or use of the Division Content for any purpose violates the Division’s intellectual property rights.

(b) The Division grants to Users and Visitors a personal, nontransferable, revocable and limited license to view Division Content in connection with their authorized use and accessing of the Site and Services. No other right, title or interest to Division Content or to use or access the Site or Services is granted. Title to Division 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 the Division, which owns full and complete title to the Division Content and all intellectual property rights therein.

(c) BY ACCESSING THE SITE YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR YOUR SUBMISSIONS, AND YOU, NOT THE DIVISION, 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) THE DIVISION ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR A LOST USERNAME, PASSWORD OR ENCRYPTION KEY.

2. Submissions

All remarks, suggestions, ideas, or other information communicated to the Division by a User or Visitor regarding the Services and Site, including its functionality (a “Submission”) will forever be the property of the Division. The Division 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 the Division operations. Without limitation, the Division will have the exclusive ownership of all present and future existing rights to all Submissions of every kind and nature everywhere. The Division 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 User’s or Visitor’s 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 Division’s designated Copyright Agent (identified below) which sets forth the following information:

(i) 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.

(ii) 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.

(iii) Your name, address, telephone number and (if available) e-mail address.

(iv) 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.

(v) 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.

(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.

(b) Division’s designated Copyright Agent to receive notifications of claimed infringement is: IP Notices, Director of Operations, email: ipnotices@visitnc.com, fax: 919-733-8582. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Division’s customer service (Please visit: http://visitnc.com/contactus.)

(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

(i) If your user submission was removed (or access thereto is disabled), and you believe such submission is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Division’s designated Copyright Agent:

(1) Your physical or electronic signature;

(2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which the Division is located, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.

(ii) If a counter-notice is received by the copyright agent, the Division’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at the Division’s sole discretion.

(iii) In an effort to protect the rights of copyright owners, the Division maintains a policy for the termination, in appropriate circumstances, of accounts of Users of the Site who are repeat infringers.

4. Proper Use

(a) You agree that you are responsible for your own use of the Site and Services, for any Submissions you make, and for any consequences thereof. You agree that you will use the Site and Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

(b) The following additional content restrictions apply to the Site:

(i) You may not use the Site or Services to promote adult content;

(ii) You may not post images, video or textual content that depicts or encourages incest or bestiality;

(iii) You may not use the Site or Services to post any content that exploits children, including, without limitation, child pornography or pedophilia (violation of this Section 4(b)(iii) will be reported to law enforcement);

(iv) You may not use the Site or Services to post content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.

(v) You may not use the Site or Services to threaten other people, including posting death threats or other content encouraging others to take violent action against another person or group of people.

(vi) You may not use the Site or Services to post content that violates the copyright rights, rights of privacy or other proprietary or intellectual property rights of a third party;

(vii) You may not use the Site or Services to post another person’s personal and confidential information, including, without limitation, their credit card numbers, Social Security numbers, unlisted phone numbers, and/or driver's license numbers, without their express permission.

(viii) You may not use the Site or Services to impersonate others or attempt mislead or confuse readers by pretending to be someone else or pretending to represent someone or an organization when you don’t.

(ix) You may not use the Site or Services in illegal activities or to promote dangerous and illegal activities. For example, don’t author a blog encouraging people to drink and drive. Otherwise, we may delete your content. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.

(x) You may not use the Site or Services to transmit viruses or other malicious code, cause pop-ups, attempt to install software without another user’s consent, or otherwise impact other Visitors or Users with malicious code.

(c) If you violate the terms of this Section 4, the Division, in its sole discretion, may do one or more of the following: disable your access to your account, report you to law enforcement; immediately terminate this Agreement and your right to use the Site and Services, delete content posted to your account, and may subject you to state and federal penalties and other legal consequences. The Division reserves the right, but shall have no obligation, to investigate your use of the Service or Site in order to (i) determine whether a violation of the Agreement has occurred or (ii) comply with any applicable laws, regulations, legal process or governmental request.

5. NO WARRANTIES OR REPRESENTATIONS; DISCLAIMER; LIMITATION ON LIABILITY, INDEMNIFICATION

(a) THE DIVISION CONTENT, THE SERVICES AND THE SITE ARE PROVIDED FOR THE USE OF USERS AND VISITORS IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN AND ON THE SITE. THE DIVISION CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OF DIVISION OR ANY OF ITS AFFILIATES, REPRESENTATIVES OR AGENTS. THE DIVISION DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY SUBMISSIONS POSTED VIA THE SERVICE OR SITE OR ENDORSE ANY OPINIONS EXPRESSED VIA THE SERVICE OR SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED VIA THE SERVICE OR SITE WILL BE AT YOUR OWN RISK. THE DIVISION CONTENT IS NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS ACCESSED VIA THE SERVICE OR SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL DIVISION CONTENT BEFORE ACTING OR RELYING THEREON.

(b) THE DIVISION CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE DIVISION CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT LEGALLY PERMITTED, THE DIVISION HEREBY EXPLICITLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. THE DIVISION DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE HARDWARE AND SOFTWARE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DIVISION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE DIVISION CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DIVISION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(c) BY ACCESSING THE SITE AND SERVICES AND USING THE DIVISION CONTENT PROVIDED THERETHROUGH, YOU AGREE THAT THE DIVISION (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND AND THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE DIVISION, ITS AFFILIATES, EMPLOYEES AND AGENTS FROM ANY CLAIM OR ALLEGATION ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR ACCESS TO THE SITE AND SERVICES; ANY SUBMISSIONS PROVIDED, SUBMITTED, POSTED OR UPLOADED BY YOU; AND/OR YOUR BREACH OF THIS AGREEMENT. TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY VIOLATION OR BREACH OF THESE TERMS & CONDITIONS BY THE DIVISION.

(d) YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OF OR RELATED TO USE OF THE SITE OR SERVICES OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

6. Miscellaneous

(a) These terms and conditions will be governed and interpreted pursuant to the laws of the State of North Carolina, inside the United States of America, notwithstanding any principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Raleigh, North Carolina, USA in all disputes (1) arising out of, relating to, or concerning the Site, the Service, the Division Content and/or this Agreement, (2) in which the Site, the Service, the Division Content and/or this Agreement is an issue or a material fact, or (3) in which the Site, the Service, the Division Content and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of the Site, the Service, and the Division Content is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this Section and the warranty disclaimers and liability exclusions above. Division has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that the Site, the Service, and/or the Division Content are appropriate or available for use in any particular jurisdiction. Use of the Site is NOT authorized in any jurisdiction where all or any portion of the Site, the Service, and/or the Division Content may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with all applicable laws, statutes, regulations and rules. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.

(b) The Division can revise these Terms & Conditions at any time by updating this posting. The Site may be linked to other sites, which are not maintained by the Division. The Division is not responsible for the content of those sites.

(c) You agree that no joint venture, partnership, employment or agency relationship exists between you and the Division as a result of this Agreement or your use of the Site.

(d) The Division’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of the Division’s right to comply with law enforcement requests or requirements relating to your use of the Site, Division Content, or Submissions you have made, or information provided to or gathered by the Division with respect to such use.

(e) You acknowledge, as between you and the Division, that the Division owns all right, title and interest in and to the Site, Division Content and Services, including all intellectual property rights therein (the “Division Rights”). The Division Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Division Rights. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service or Site. All trademarks and service marks are the property of the Division or the respective trademark owners. Except for the limited, non-exclusive, revocable right and license to use the Division Content, Site and Services as set forth herein, you do not receive any right or license to use any of the Division Rights without the Division’s prior written consent.

(f) There may be occasions when the Division obtains personally identifiable information to provide you with correspondence or otherwise. However, the Division only gathers personally identifiable information, such as names, addresses, e-mail addresses, etc., when you voluntarily submit the same. Such personally identifiable information is used solely by the Division and is not sold, transferred or otherwise disseminated to third parties.

(g) This Agreement and the Privacy Policy constitute the entire agreement between you and the Division with respect to the Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Division with respect to the Site. No modification of this Agreement shall be effective unless it is authored by the Division, or unless it is physically executed in blue ink by an authorized officer or manager of the Division. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by the Division in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of or accessing of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the Division in printed form.

2013© North Carolina Department of Commerce, Division of Tourism, Film and Sports Development. All Rights reserved.

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