Definitions

Port City Daily (portcitydaily.com) is the web site maintained by Davis Media, LLC (referred to here as "Port City Daily"). As used in these Terms of Use, the term "Site" refers to the website located at http://portcitydaily.com; "User," or collectively "Users" refers to any party who accesses the Site; and "Access" means viewing or otherwise obtaining or requesting information using the Site.

Acceptance of Terms

By accessing the Site via the Internet or any other medium, User accepts and agrees to all conditions imposed in these Terms of Use.

Port City Daily reserves the right to modify these Terms of Use at any time without notice to User. Any change in these Terms of Use is effective immediately upon User's receipt of notice from Port City Daily. Notice can be given through e-mail, a posting of the revised Terms of Use on the Site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms of Use.

Port City Daily has the exclusive right to control the accessibility, hours of use, and the features on the Site. Port City Daily can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. Port City Daily reserves the right to monitor use of the Site.

User is solely responsible for providing the equipment used to access the Site, including all computer equipment, remote communications equipment, telephone or other equipment.

Privacy

User should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.

Accessing the Site

In order to gain access to the Site, you must register and create a login and password. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, address, telephone number, and e-mail address.
You will be asked for credit card information for payment of the subscription fee.

Responsibility for User Accounts

It is your responsibility to keep your login credentials confidential and secure. Please do not share your credentials with others. Anyone who has your login credentials can access our services and freely obtain or tamper with any information posted in your account. By subscribing to Port City Daily, you agree to accept responsibility for all activities that occur at the Site under your registration account. Port City Daily reserves the right, in its sole discretion, to refuse service or terminate your account.

Copyrights and Trademarks

All content on the Site (with the exception of content that may be provided by Port City Daily's third party content providers or materials submitted by Users) is the copyrighted property of Port City Daily. Other than the download to the viewer's computer that is inherent in viewing a web page, Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of Port City Daily. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site. Any third party trademarks and content appearing on the Site are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owners.

Users submitting their own content on the Site pursuant to the terms of these Terms of Use (including but not limited to profile information and submissions such as press releases, news tips, and announcements) retain the copyright in such material, but they are deemed to have given Port City Daily a license to use the material in any media or format, including online formats, which means that Port City Daily can, among other things, copy the material for backup and archival purposes, display it on the Site, allow viewers to view it (including by downloading a copy to the viewer's machines), edit it, use it marketing materials and advertising, or provide it to other news organizations. This license is perpetual, irrevocable, worldwide, transferable in whole or in part, and fully-paid up. Port City Daily also has the right to remove User-submitted content from the Site at any time for any purpose.

Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

• Use any device or other means to harvest information about other Users.
• Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
• Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User's or Port City Daily employee's computer or other medium used to access the Site.
• Submit any material to the Site that is offensive to any other User. Port City Daily maintains the exclusive right to determine what is offensive.
• Submit to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
• Modify the information, including headers, found on the Site.
• Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
• Engage in any action which Port City Daily determines is detrimental to the use and enjoyment of the Site.
• Use the Site for any unlawful or defamatory means.
• Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Comments

Port City Daily believes in and welcomes civil dialogue, as it makes for better communities. To participate in some aspects of Access to the Site – such as posting comments on stories – Users will need to sign in using their Facebook account.

We don’t run news stories with anonymous sources, which is why we do not accept anonymous comments.

We filter posted comments for adherence to our terms listed below, but not for accuracy and not because we believe everyone will agree with them. By commenting, you agree to these legal terms.

As part of the community conversation, you agree to the following guidelines:

• Use civil language, meaning no profanity, veiled profanity or implied obscenities and no racist or sexually oriented language.
• Do not personally attack individuals. Similarly, threats will not be tolerated.
• Keep your comments relevant to the story.
• Be truthful.
• Keep your caps lock off. You may see this as being emphatic; others see it as yelling.
• Do not try to spam us or link to outside, irrelevant content. Likewise, solicitations or advertisements are not permitted.

The following are not permitted:

• Comments that become back-and-forth disagreements with other commenter(s);
• Comments by candidates or political parties intended to further a campaign;
• Comments that are invasive of the privacy of another person or entity;
• Comments that may infringe on any patent, copyright, trademark, service mark, trade secret or other intellectual property;
• Impersonating any person or entity, or falsely misrepresenting an affiliation with any other person or entity; and
• Posting under multiple pseudonyms.
• Comments which, for reasons not listed above, fail to contribute to the greater community discussion will be removed. We reserve the right but assume no obligation to remove any comment that we feel violates our Terms of Service.

While all of the above is important to us, posted comments do not reflect the views of Williamsburg Yorktown Daily or its affiliates and related staff.

We reserve the right to reveal all information submitted to us, including IP addresses, in the event of legal action arising from any comment.

By using this service, you agree to these terms. Failure to abide by these terms may result in a commenter being blocked from the site’s comments area.

Disclaimer and Limitation of Liability

Although Port City Daily has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER Port City Daily NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM THE USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF Port City Daily, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Port City Daily IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL Port City Daily OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL Port City Daily OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

Third Party Content

Port City Daily is not the publisher or speaker of any information on the Site that is provided by third party content providers or by Users, and Port City Daily is not liable for any claims related to that information. Any mention on the Site of products or services provided by third parties, including any advertisement found on the Site, is for informational purposes only and constitutes neither an endorsement nor a recommendation by Port City Daily. Port City Daily assumes no responsibility for those advertisements, products or services. Any dealings among any User and any third parties mentioned on or found through the Site (including through classified advertising) are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.

Port City Daily MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY AN ADVERTISER, THIRD PARTY CONTENT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION ON ANOTHER SITE. ADDITIONALLY, Port City Daily DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

Indemnification

User agrees to defend, indemnify and otherwise hold harmless Port City Daily and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the Site.

Security

Users are prohibited from violating or attempting to violate the security of the Site. Port City Daily will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

Termination of Terms of Use

Port City Daily may terminate these Terms of Use at its discretion. In addition to Port City Daily's other rights, Port City Daily may terminate access to this site or cancel membership to any service that Port City Daily provides on the Site, if User breaches the Terms of Use in any way or engages in conduct that Port City Daily deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions "Copyright and Marks," "Prohibited Conduct," "Disclaimer and Limitation of Liability," "Third Party Content," "Indemnification," "Security" and "Miscellaneous" shall survive.

Cancelling Your Subscription

Users may cancel their Port City Daily subscription by using the Cancel Account option in their Account Dashboard. Cancelling a subscription stops only future charges associated with the user's account and will become effective at the end of their current billing period. The user will continue to have unlimited access to Port City Daily through the end of their current billing cycle.

Official Contest Rules

1. Winners will be drawn at random or by contestant call-in participation during on-air

2. Odds of winning depend on the number of entries.

3. No purchase is necessary.

4. Contestants must be legal U.S. residents.

5. Contestants must be at least 18 years old.

6. Present and past employees of Davis Media, LLC and its affiliates, along with family members and employees of other radio or television stations may not win any contest associated with Davis Media, LLC d/b/a Davis Media, LLC. Davis Media, LLC reserves the right to revoke any prize if the contestant does not meet any or all of the eligibility requirements, or if entry coupon or winning ticket has been damaged or altered.

7. All Davis Media, LLC contestants, on or off air, are limited to one winner per household (persons living at the same address) or immediate family per sixty (60) day period for all prizes having a total value of $100.00 or less; limited to one winner per household (persons living at the same address) or immediate family per one hundred twenty (120) day period for all prizes having a total value of $101 - $999; limited to one winner per household (persons living at the same address) or immediate family per one hundred eighty (180) day period for all prizes having a total value of $1000 or more.

8. Davis Media, LLC reserves the right to disqualify any entry or revoke any prize if the contestant does not meet any or all of the eligibility requirements.

9. Davis Media, LLC and its sponsors are not responsible for late, lost, damaged, incomplete, misdirected, illegible or mutilated entries.

10. No substitution or other consideration for the stated prize may be claimed. However, Davis Media, LLC reserves the right to substitute a prize of similar value at its sole discretion in the event of unavailability of a prize. All items won must be claimed within thirty (30) days of winning and must be claimed between 9AM and 5PM, Monday through Friday (except holidays) at a Davis Media, LLC office. Any item or prize with a weekend expiration date not claimed at a Davis Media, LLC office by 5PM on the Friday preceding the weekend expiration date will be forfeited with no compensation.

11. Prizes valued at less than $25.00 may (at the winner’s request) be mailed using first class U.S. Postal Service mail. Davis Media, LLC is not responsible for problems occurring within the postal system which may affect winner’s receipt of prizes.

12. An IRS 1099-MISC form will be completed and filed with the Internal Revenue Service for every prize (or combination of winnings) valued at $600 or more during the calendar year. All local, state and federal taxes are the sole responsibility of the winner. Winning contestants must show proof of Social Security numbers to Davis Media, LLC for any prize. This is for tax recording purposes only, and will not be used or released for

13. Davis Media, LLC is not responsible for any failure of communications, failure of the Internet or its web sites, or allegation of telephone difficulties. In the case of a dispute over telephone lines, the decision of Davis Media, LLC is final. In the event that two telephone lines are tied together during a phone contest, the entire phone call will be disqualified and another phone call will be taken. Davis Media, LLC cannot award duplicate prizes to both parties in a “tied together” situation. An example of a “tied together” call may be two telephone calls originating from the same location or residence or a party line.

14. All winning contestants are required to acknowledge these contest rules either by signing a Davis Media, LLC winner release form, or by acceptance of a prize by mail if the prize is not picked up at the offices as stated above.

15. All prizes are described by Davis Media, LLC either on the air, online or via signage at off-air events. Each prize has a predetermined value which is not negotiable. As a condition of winning a prize, a winner acknowledges that Davis Media, LLC reserves the right to broadcast their name and voice and to use their likeness or photo to promote the contest.

16. As a condition of accepting a prize, winner acknowledges that Davis Media, LLC is not responsible for any harm, injury, or damage caused to any person or property, proximate or otherwise, through the use of any prize by any person, and agrees to save and hold harmless Davis Media, LLC, its principals and employees from any claim of such responsibility. “Harm, injury, or damage” includes but is not limited to occurrences beyond the control of Davis Media, LLC such as bodily injury or theft, expiration of an item or a prize, and cancellation or alteration of an event.

17. Additional rules pertaining to specific contests may supplement or supersede these rules.

Copyright Protection

Port City Daily honors the intellectual property rights of others and asks the same of Users of the Site. Port City Daily may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Port City Daily with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright 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;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Port City Daily to identify the material;
• Information that is reasonably sufficient to permit Port City Daily to contact the complaining party, such as address, telephone number and, if available, e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Port City Daily can be contacted at:

910-772-6300
[email protected]

Davis Media, LLC
1410 Commonwealth Dr, Suite 102A
Wilmington, NC 28403

Miscellaneous

These Terms of Use constitute the entire agreement between Port City Daily and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Port City Daily and User dealing with the subject matter hereof is superseded. If any portion of these Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of these Terms of Use, Port City Daily may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Port City Daily's remedies are cumulative and not exclusive. Failure of Port City Daily to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action by User arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Port City Daily makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of North Carolina, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in North Carolina, USA, or where applicable, the relevant United States Court, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.