TERMS OF USE
The Catawba Nation
The Catawba Nation “Terms of Use” statement is subject to change as the website content, practices, and features evolve. The Catawba Nation encourages you to read these policies each time you visit https://media.catawba.com which also includes a network of other Internet Domain Name designations connecting to this website, associated web landing pages, organization-sponsored online business directories, or web-based broadcast email distribution systems branded by The Catawba Nation. Your use of https://media.catawba.com constitutes your acceptance of the “Terms of Use” provided below and your agreement to follow and be bound by these terms without modification.
The Catawba Nation respects your privacy, and we are committed to making your visit to our website as comfortable and confident as possible. If you have any questions regarding our “Terms of Use,” the practices of Catawba Nation, or this website, please contact us at:
The Catawba Nation
996 Avenue of the Nations
Rock Hill, SC 29730 USA
(803) 366-4792
www.catawba.com
media@catawba.com
Public Use of Our Website Content
The Catawba Nation grants you permission to view, use, and print the individual publicly accessible pages of https://media.catawba.com for your personal use. The content (text, graphics, audio, and video) and the website design are copyright protected. The publicly accessible contents of the Catawba Nation website are intended for personal and non-commercial use only.
By using our website or mobile website (https://media.catawba.com) (the “website”), you agree to be bound by these “Terms of Service” and our “Privacy Policy,” and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the website, including password-protected sections of the website reserved for registered media representatives (all of which are deemed part of these Terms of Service). Accessing the website, in any manner, whether automated or otherwise, constitutes use of the website and your agreement to be bound by these “Terms of Service.” Accessing the website for the limited and exclusive purpose of reviewing these “Terms of Service” does not constitute your “use” of the website or agreement to be bound by these “Terms of Service” unless you further access or use the website.
We reserve the right to change these “Terms of Service” or to impose new conditions on the use of the website, from time to time, in which case we will post the revised “Terms of Service” on this website. If we make a material change to the “Terms of Service,” we will not enforce the material change retroactively (i.e., to use of the website occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the website or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the website or terminate your account. By continuing to use the website after we post any such changes or notify you of any material changes, you accept the “Terms of Service,” as modified.
We also reserve the right to deny access to the website, website content, or any features of the website to anyone who violates these “Terms of Service” or who, in our sole judgment, misrepresents their website registration, interferes with the ability of others to enjoy our website or infringes the rights of others.
Rights and Restrictions Relating to the Public Use of Our Website Content
Your Limited Right to Use Website Materials: This website and all the materials available on the website are the property of the Catawba Nation and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The publicly accessible website content is provided solely for your personal noncommercial use. Content presented within the password-protected registered media section of the website may be reproduced, copied, or distributed by such representatives who agree and comply with the website’s “Registered Media Representative Use of Website Content” policy.
You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorized by us, or the rights of others associated with the content. More specifically, unless explicitly authorized in these “Terms of Service” or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website. You may, however, from time to time, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the website, please contact us at the address listed above.
Limitations on Linking and Framing: You are free to establish a hypertext link to our website so long as the link does not state or imply any sponsorship of your website or service by us or by our website. However, you may not, without our prior written permission, frame or inline link any of the content of our website, or incorporate into another website or other service any of our material, content, or intellectual property.
Visitors and registered media representatives utilizing the Catawba Nation’s website are also required to strictly adhere to all applicable local, state, and federal laws, sales tax and usage fees, copyright and trademark ownership, and use regulations, and other regulatory requirements. The Catawba Nation assumes no responsibility or liability for potential neglect, abuse, or failure to comply with such requirements on the part of our visitors and registered media representatives and it reserves the right to interrupt services that are provided without notice if violations are detected. Visitors who discover or suspect that a Catawba Nation visitor or registered media representative has failed to comply with these requirements in the use of our content, products, or services are encouraged to contact and report such concerns to the Catawba Nation at the address and contact information listed above.
Registered Media Representative Use of Our Website Content
Content presented within the password-protected “media only” section of the https://media.catawba.com website is provided for use solely by registered media representatives and it may be reproduced, copied, or distributed by such representatives who agree and comply with the website’s “Rights and Restrictions to the Registered Media Use Our Website Content” section of our “Terms of Use” listed below.
Rights and Restrictions Relating to the Registered Media Use of Our Website Content
If you elect to sign-up for media-only access to our website content, blogs, media image gallery, request an interview form, or media assistance request form, you will be asked to register with us on the form provided and such registration may require you to provide information such as your name, news organization, email address, and mobile phone number. You agree to provide true, accurate, current, and complete registration information about yourself as prompted by the website’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the website (or any portion thereof). The Catawba Nation reserves the right to suspend or reject media-only access for any individual at its sole discretion. Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Notice.
At its sole discretion, the Catawba Nation may withdraw its permission to the registered media representative to use any content obtained through this website and any associated email and text messaging at any time for any reason.
Your Limited Right to Use Website Materials as a Registered Media Representative: This website and all content materials available on the website are and remain the property of the Catawba Nation and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The media-accessible website content is provided solely for public news coverage and distribution use. Content presented within the password-protected registered media section of the website may be reproduced, copied, or distributed by such media representatives exclusively for this purpose and who agree and comply with the website’s “Terms of Use” policy. You may not use the website or any materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorized by us, or the rights of others associated with the content.
All website content in any form that is reproduced for public news coverage and distribution purposes by the registered media representative must include a clear acknowledgment of the Catawba Nation as the source of the content (Such as “Content provided by the Catawba Nation strictly for public news dissemination. All rights reserved.”) Permission for any other use of the website content must be obtained in writing in advance from the Catawba Nation and submit such request to the Catawba Nation at the address and contact information listed above.
Responsibility for Your Username and Password
To use certain features of our website, you will need a username and password to create an account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. Also, we reserve the right to terminate the use of any username or account, or to deny access to the website or any features of the website, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Email Subscription and Text Messaging (SMS) Services
This website offers optional email messaging and text messaging (SMS) services. By signing up for these services, you provide the Catawba Nation permission to contact you about selected news, notifications, promotions, products and services, companies, organizations, and events we think may interest you or to use such information to address or fulfill your stated request. If you later decide you do not want to be contacted by our organization, please let us know by mail or phone at the address listed above. If you would like the Catawba Nation to discontinue sending broadcast email messages to you from our broadcast email distribution system service provider, Mailchimp, or if you wish to view or modify your personal email delivery preferences, please visit the personalized link that will appear at the bottom of each email message to initiate changes.
Text Message (SMS) and Data rates may apply. You may discontinue and opt out of receiving text message (SMS) alerts at any time.
Our use of any information you provide to us as part of our email subscription and text messaging (SMS) services is governed by the terms of our Privacy Policy.
Privacy
We respect the privacy of the users of our website. Please review our Privacy Policy.
Disclaimers
Modifications to, or Discontinuation of, the Website: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the website or any portion thereof.
Throughout our website, we may provide links and references to Internet websites maintained by third parties. Our linking to such third-party websites does not imply an endorsement or sponsorship of such websites or the information, products, or services offered on or through the websites.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair, or correction of, that hardware and/or software.
You acknowledge that by using the website, you may incur charges from your wireless carrier, internet service provider, mobile phone carrier, or another method of internet or data access, and that payment of any such charges will be your sole responsibility. You agree that your use of the website will be following all requirements of your wireless carrier, internet service provider, and another method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
The website is provided for informational purposes only and is not intended for trading or investing purposes, or commercial use. The website should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You expressly assume all risk for such use.
Your interactions with the Catawba Nation, companies, organizations, and/or individuals found on or through our website, 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. You also agree that, if there is a dispute between users of this website, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates 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 dispute and/or our website.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, ORGANIZATIONS, VENDORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Indemnification
You agree to indemnify and hold harmless us, our subsidiaries, our organizations, our vendors, or our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the website, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the website, or any part of the website, or email subscription service, or text messaging (SMS) service, and remove and discard any materials that you submit to the website, at any time, for any reason, without notice. You agree that we will not be liable to you or any third party for any suspension or termination of your password, account (or any part thereof) or use of the website, or any removal of any materials that you have submitted to the website. If we suspend or terminate your access to and/or use of the website, you will continue to be bound by the “Terms of Service” that were in effect as of the date of your suspension or termination.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to our address listed above, or by email to media@catawba.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the website; (3) your contact information, including your address, telephone number, and, if available, an email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Restrictions
The website is intended for use only by residents of the United States over the age of 13. It may not comply with the legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this website, you agree to the transfer and processing of any personal information you provide to the U.S. as outlined in the Privacy Notice under the laws of the United States and the State of South Carolina, rather than under the law of your home country.
Other
This agreement constitutes the entire agreement between you and the Catawba Nation concerning the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, either written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the website. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these “Terms of Service” will govern. This agreement will be governed by and construed following the laws of the State of South Carolina, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These “Terms of Service” are not intended to benefit any third party and do not create any third party beneficiaries. Accordingly, these “Terms of Service” may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the website or these “Terms of Service” must be filed by you within one year after such claim or cause of action arose or be forever barred.