Tuesday July 29, 2014 06:52 pm
 
Acceptance of the Terms of Use and Privacy Statement

1. ACCEPTANCE OF TERMS OF USE (“TOU”)

Crazywayno.com is a collection of online resources including a FREE listing of local area businesses by name and category, local news from WGBR-AM Goldsboro NC, and a community calendar called “The Crazy Calendar” that is a FREE calendar to be used for events and activities in and around the Wayne County NC area, and a classified advertising service to be used by users on the Internet and Customers of New Age Communications LTD, doing business as WGBR-AM (“Users”). Existing and future services available for Users on Crazywayno.com, as well as the name, image, branding, graphics, pictures and concept of Crazy Wayno shall be known as Crazy Wayno (“Crazy Wayno”), and subject to the TOU. By using Crazy Wayno in any way, you are agreeing you are a User and that you will comply with the TOU. In addition, when using any aspect of Crazy Wayno, you agree to abide by any applicable posted guidelines which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Crazy Wayno in any way, your only recourse is to immediately discontinue use of Crazy Wayno.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

http://www.crazywayno.com/terms.php

3. CONTENT

All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from Crazy Wayno by Users, are the sole responsibility of the User from whom such Content originated. If you post any item on Crazy Wayno you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via Crazy Wayno. Furthermore, the Crazy Wayno site and Content available through Crazy Wayno may contain links to other websites inserted by Users, which are completely independent of Crazy Wayno. If you insert a link on Crazy Wayno as a User you assert and certify you have the right to do so. Crazy Wayno makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site links contained in User Content. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Crazy Wayno be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Crazy Wayno by Users. Crazy Wayno shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Crazy Wayno, for violating the letter or spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The Crazy Wayno site and Content available through Crazy Wayno may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Crazy Wayno, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services,
and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through Crazy Wayno, 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 Crazy Wayno 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 Crazy Wayno is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Crazy Wayno, 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 use of Crazy Wayno.


5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Crazy Wayno's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

William A. Johnston
General Manager
New Age Communications, LTD
2581 US Highway 70 East
Goldsboro NC 27530
bjohnston@curtismedia.com

Please provide our Agent with the following Notice:

a) Identify the material on the Crazy Wayno site that you claim is infringing;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Crazy Wayno will remove the infringing Content.


6. PRIVACY AND INFORMATION DISCLOSURE
Crazy Wayno has created this privacy statement in order to demonstrate our firm commitment to protecting the privacy and security of Users who visit Crazy Wayno.
Your use of the Crazy Wayno website or Crazy Wayno signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Crazy Wayno may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Crazy Wayno, its Users or the general public.
 
Crazy Wayno may collect information throughout our Web site, including site statistics, domain names, and/or IP addresses to help diagnose problems with our server and to administer our Web site. Crazy Wayno retains the content of e-mail you send us, your e-mail address, and our responses in order to handle any follow-up questions you may have. Our site's registration forms may require you to give us contact information (like your name, postal, and e-mail address). We use the contact information from these forms as a part of our Content on the Crazy Wayno Business Directory. It may also be used in the normal course of our business to communicate information about our company, products or services, or to contact you when necessary.

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Only authorized Crazy Wayno contractors and employees are permitted to have access to Users information. Under no circumstances will Crazy Wayno sell any personally identifiable information to any third party for any reason. We may, however, share personal information with our business partners for the sole purpose of delivering products and services that you have requested. If you have any reason to believe that your personal information retained by Crazy Wayno is incorrect or you wish it to be removed from Crazy Wayno, please send e-mail to bjohnston@curtismedia.com.

Your concern will be investigated and, if appropriate, our records will be updated.

7. CONDUCT

You as a User agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic;

c) that 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;

d) that violates federal, state, or local laws

e) that impersonates any person or entity, including, but not limited to, a Crazy Wayno employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

f) that is false, deceptive, misleading, deceitful, misinformative,;

g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Crazy Wayno sites which are not designated for such purposes; or emailed to Crazy Wayno Users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

k) that includes links to commercial services or web sites except to those you have a right to;

l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by North Carolina law.

m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to Crazy Wayno, or that otherwise negatively affects other Users' ability to use Crazy Wayno; or

o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Crazy Wayno.

Additionally, you agree not to:

p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

q) collect personal data about other Users for commercial or unlawful purposes;

r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Crazy Wayno - unless expressly permitted by Crazy Wayno;

s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

t) post the same item or service in more than one classified category;

u) attempt to gain unauthorized access to Crazy Wayno's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of Crazy Wayno; or

v) use any form of automated device or computer program that enables the submission of postings on Crazy Wayno without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.


8. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to Crazy Wayno on behalf of others. To moderate demands on Crazy Wayno's resources, you may not use a Posting Agent to post Content to Crazy Wayno without express permission or license from Crazy Wayno. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access Crazy Wayno to facilitate posting content on behalf of others, except with express permission or license from Crazy Wayno.

CONDUCT OF CUSTOMERS AND NON CUSTOMERS (USERS)
 
Users to the site are welcome! It is users who access local news, business contact information, classified advertising or events that may also see ads from advertisers (“customers”) and that is welcome.  
 
Classified Advertising is for personal use. From time to time a business may be using classified advertising however it is intended for private personal use, and not commercial use. Ads that are not accepted for Classified Advertising may be commercial and therefore declined. Some commercial ads may inadvertently be accepted in Classified Advertising because the posting agent has attempted to “mask” the commercial relationship. It is not done intentionally by Crazy Wayno. This behavior can result in the deletion of that user. The same is true for use of the “Crazy Calendar” or community calendar. It is intended for non-profit publicity. From time to time events from Customers will be accepted because they are Customers. Non-customers using The Crazy Calendar or the Community Calendar promoting events that fall under categories like seminars and sales will most likely have their events declined, and the Agent for Crazy Wayno will make an attempt to contact the posting party to inform them of the Terms of Use. 


9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Crazy Wayno email addresses or through Crazy Wayno computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Arizona. Any unauthorized use of Crazy Wayno computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.


10. PAID POSTINGS

We may charge a fee to post Content in some areas of Crazy Wayno. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to Crazy Wayno is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from Crazy Wayno for violating the TOU.


11. LIMITATIONS ON SERVICE

You acknowledge that Crazy Wayno may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by Crazy Wayno, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Crazy Wayno, and the frequency with which you may access Crazy Wayno. You agree that Crazy Wayno
has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Crazy Wayno. You acknowledge that Crazy Wayno reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Crazy Wayno shall not be liable to you or to any third party for any modification, suspension or discontinuance of Crazy Wayno.


12. ACCESS TO CRAZY WAYNO

As a User, Crazy Wayno grants you a limited, revocable, nonexclusive license to access Crazy Wayno for your own personal use provided you agree to and adhere to the TOU. You may also create a hyperlink to the home page of Crazy Wayno so long as the link does not portray Crazy Wayno, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of Crazy Wayno beyond the scope of authorized access granted to you by Crazy Wayno immediately terminates said permission or license.


13. PROPRIETARY RIGHTS

Crazy Wayno is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Crazy Wayno is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Crazy Wayno. You further agree not to reproduce, duplicate or copy Content from Crazy Wayno without the express written consent of Crazy Wayno, and agree to abide by any and all copyright notices displayed on Crazy Wayno. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Crazy Wayno. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Crazy Wayno. CRAZY WAYNO and Crazywayno.com © 2009-2010 Curtis Media Group Inc. All rights are reserved.

Crazy Wayno does not claim ownership of content that its Users post at Crazy Wayno. By posting Content to any public area of Crazy Wayno, you automatically grant, and you represent and warrant that you have the right to grant, to Crazy Wayno an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content. Furthermore, by posting Content to any public area of Crazy Wayno, you automatically grant Crazy Wayno all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Crazy Wayno by any party for any purpose.

WGBR Local News (“News”) is created by and is the property of New Age Communications, Inc., Goldsboro NC doing business as WGBR-AM. All rights reserved. Additional Content may be added from time to time by employees of Curtis Media Group Inc.


14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE CRAZY WAYNO SITE AND CRAZY WAYNO IS ENTIRELY AT YOUR OWN RISK. THE CRAZY WAYNO SITE AND CRAZY WAYNO ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAZY WAYNO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRAZY WAYNO SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAZY WAYNO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CRAZY WAYNO SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CRAZY WAYNO SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAZY WAYNO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CRAZY WAYNO SITE OR CRAZY WAYNO.


15. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CRAZY WAYNO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CRAZY WAYNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CRAZY WAYNO SITE OR CRAZY WAYNO, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CRAZY WAYNO SITE OR CRAZY WAYNO, FROM INABILITY TO USE THE CRAZY WAYNO SITE OR CRAZY WAYNO, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CRAZY WAYNO SITE OR CRAZY WAYNO. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CRAZY WAYNO SITE OR CRAZY WAYNO OR ANY LINKS ON THE CRAZY WAYNO SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CRAZY WAYNO SITE OR CRAZY WAYNO OR ANY LINKS ON THE CRAZY WAYNO SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


16. INDEMNITY

You agree to indemnify and hold Crazy Wayno, WGBR-AM and New Age Communications LTD, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through Crazy Wayno, your use of Crazy Wayno, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.


17. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Crazy Wayno and govern your use of Crazy Wayno, superseding any prior agreements between you and Crazy Wayno. The TOU and the relationship between you and Crazy Wayno shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The failure of Crazy Wayno to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Crazy Wayno or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.


PRIVACY STATEMENT

Crazywayno.com (the "Site") respects your privacy. Here's our privacy policy for this Site:

Personally Identifiable Information

The Site will not provide our advertisers or anyone else outside the Site with any information specific to you collected from the Site unless we have your consent. The only Site employees or consultants allowed access to personal information about you are those who need to have access. Any employee or consultant who violates our privacy and security policies is subject to disciplinary action, including possible termination or prosecution.

What Information is Collected and Used:

We will not release your name, e-mail address or any other personal information to anyone else outside the Site unless we have your consent. However, we may disclose your personal information if (i) required to do so by law, court order or subpoena, or as requested by other government, law enforcement, or investigative authority, (ii) we in good faith believe that such disclosure is necessary or advisable, including without limitation to protect the rights or properties of the Site, (iii) we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, or has breached an agreement, or if anyone else could be harmed by such activities or interference, (iv) if we determine an ad posted violates our terms of use or the rights of a third party, or (v) there is an emergency involving personal danger.
Please note that if you post any of your personal information on the Site, such information may be collected and used by others over whom the Site has no control. The Site is not responsible for the use by third parties of information you post or otherwise make public.

Cookies

"Cookies" are small text files that allow Web sites to store and retrieve information about you from your computer system. The Site can serve cookies to track individual site usage for later aggregation. But we do not use cookies in order to retrieve any information from your computer other than information originally sent in a Site cookie, such as a user code. We have no control over whether and how our advertisers use cookies that originate from their website.

Communication from the Site

From time to time, we may send you information with announcements and updates about the Site and your account. You may elect to opt-out of ongoing e-mail communication from us, such as newsletters, subscriptions, account information, promotional materials, contest results, survey inquiries, etc. by using a simple "opt out" procedure. You need only reply to the communication with the word "unsubscribe" (without the quotation marks) in the body of your e-mail response and your name will be removed from that mailing list. However, if you opt-out of receiving our announcements and updates about your account, you may no longer have access to areas restricted to other Users.

Correction/Update of Personal Information:

If your personal information changes, you may review/correct/update your personal information previously provided at any time through your licensed or authorized administration tool. If you have your personal profile data deleted from our database, you may forfeit entrance rights to areas restricted to other Users and certain benefits for other Users.

Children

The Site does not orient this Site toward children or target them as an audience, nor does it screen them from using the Site. If some or any of the material on this Site is for mature audiences, and parents and guardians should take responsibility for monitoring their children's use. The Site does not collect or distribute information indicating whether a user is a child.

Links to Other sites

This Site provides links and pointers to Web sites maintained by other organizations. The Site provides these links as a convenience to users, but it does not operate, control or endorse such sites. The Site also disclaims any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites. The Site does not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer.

E-Commerce and Our Secure Server

All commerce transactions that take place on this site are processed through our secure server in order to make every reasonable effort to insure that your personal information is protected. Any transactions that take place on other sites that have link from our site are not necessarily handled in this fashion. The Site disclaims any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions.

Policy Changes and Acceptance

This privacy policy is effective as of May 18th, 2010. By using our Site and its services, you signify your acceptance of this Privacy Policy and the Terms Of Use (TOU). If you do not agree or are not comfortable with any policy described in this Privacy Policy, you may discontinue use of our Site. We reserve the right to modify this Privacy Policy at any time. Your continued use of any portion of our Site following notification or posting of such changes will constitute your acceptance of these changes.