Please read this User Agreement carefully. It contains important contract rights and obligations between you and Ethan Interactive Corporation ("Out In Raleigh"), as well as important limitations on those rights. Agreement to these terms is required for your continued use of the Service.

OUT IN RALEIGH USER AGREEMENT

1. The Out In Raleigh Service ("the Service") consists of services, information and other content provided by Out In Raleigh, its licensors, Users, and other third parties. This agreement and any operating rules published over the Service constitute the entire agreement (collectively, the "User Agreement") between Out In Raleigh and User (defined as one who has registered with Out In Raleigh for the Service), with respect to the Service.

2. Upon notice published over the Service, Out In Raleigh may modify or supplement this User Agreement and may discontinue or revise any or all other aspects of the Service (including access to support services, publications and other products or services ancillary to the Service) in its sole discretion and without prior notice. In particular, Out In Raleigh specifically reserves the right in its sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Service.

3. Subject to the terms of this User Agreement, Out In Raleigh grants to User a personal, non-exclusive, nonassignable and nontransferable license to use and display all software included in the Service ("Software") on any machine(s) of which User is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Although User may designate family members to use the Service in accordance with the terms of this Agreement, a User may not sublicense, assign or transfer this license or the Software. Out In Raleigh may, at its discretion, revoke the license granted to User.

4. User shall be responsible for all use of the Service accessed through User's account, as defined by User's cookie(s), password(s), or authentication certificate(s), and hereby ratifies and guarantees any obligations entered into or assumed by others who use the Service through User's account. User acknowledges that (since the Service allows Users and others to distribute content) the Service may contain materials and/or links to materials that some Users or others may find objectionable, despite the prohibitions in Section 8 of this Agreement.

5. User expressly agrees that use of the Service is at User's sole risk. Neither Out In Raleigh nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers that provide access to the Service ("ISPs")

(a) warrant that the Service will be uninterrupted or error free,

(b) make any warranty as to the results to be obtained from use of the Service,

(c) shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the Service or inability to use the Service or out of any breach of any warranty.

THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT. USER AGREES THAT IT WILL NOT HOLD Out In Raleigh RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHICH OUT IN RALEIGH CONTRACTS TO OPERATE VARIOUS AREAS ON THE SERVICE).

6. Except as expressly permitted in this User Agreement, neither User nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the Service.

7. The User shall not add to the Service any material which violates the intellectual property rights of any person.

8. User agrees not to upload, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content:

(a) which violates or infringes upon the rights of any other;

(b) which, under the circumstances and in Out In Raleigh's good faith judgment, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate;

(c) which is unsuitable for minors (persons under 18 years of age);

(d) which constitutes a threat to, harassment of, or stalking of another;

(e) which adversely affects the performance or availability of the Service or Out In Raleigh resources;

(f) which contains any virus, worm, cancelbot, harmful component or corrupted data; or

(g) which, without the approval of Out In Raleigh, contains any advertising, promotion or solicitation of goods or services for commercial purposes, or in the opinion of Out In Raleigh, deemed competitive to the Out In Raleigh service, or as to re-direct users to another similar service, commercial or non-commercial that has similar offerings or goals as the Out In Raleigh service. User acknowledges that Out In Raleigh will not be required to edit or review for accuracy or appropriateness any content within the Service.

9. Out In Raleigh reserves all copyrights and other rights in and to any content available through the Service that is identified as, claimed by Out In Raleigh as, or known by User to be, proprietary to Out In Raleigh (or its licensors or suppliers). The content on the Service is protected under applicable copyright law, including as a collective work.

10. Each User, and any user of a User's account, who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the Service grants to Out In Raleigh (and to Out In Raleigh's designated licensees, transferees, designees and contractors) an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with Out In Raleigh's business (and that of Out In Raleigh's designated licensees, transferees, designees and contractors), such software, files, information, communications and other content, regardless of the medium, technology or form utilized by Out In Raleigh in the exercise of this grant.

11. Out In Raleigh may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities "Aggregate Information". Aggregate Information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit Out In Raleigh's use of other information not addressed in this Section 11. Out In Raleigh will be free, in its reasonable good faith discretion and without notice, to provide user information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity, and to maintain and use internally such information and records. Out In Raleigh may also provide online and e-mail communications to its Users on matters pertaining to the Service, its features, its sponsors, or its use without compensation to Users, but shall do so reasonably and in good faith. User acknowledges that communications within the Service may be monitored or reviewed for quality control and other reasonable business purposes. User also acknowledges that advertising and promotion may occur on the Service and that User shall not have any claim with respect to any proceeds from such activities.

12. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

13. This User Agreement is made in the the state of Ohio, and shall be governed by and construed in accordance with the laws of the United States of America and of the state of Ohio. Any cause of action of User or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

14. User agrees to indemnify and hold harmless Out In Raleigh and its employees and directors, information providers, licensors, suppliers, agents, and ISPs against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of User's account. This includes, without limitation, responsibility for all such consequences of User's (or that of any user of User's account) violation of this User Agreement.

15. This User Agreement is for the benefit of Out In Raleigh and its employees and directors, information providers, licensors, suppliers, agents, and ISPs; and each shall have the right to assert and enforce such provisions directly on its own behalf.

16. User is responsible for the cancellation of their profile. The profile will remain active until user has cancelled this service and may receive occasional membership status update emails. In the event that user purchases a Plus Membership or additional feature of this website, the purchase is made for a specific period of time and will automatically renew unless the user cancels this automatic billing through the website.