Welcome to the TalkVirginia web site -- www.talkvirginia.net -- and any other web sites or services owned or operated by TalkVirginia. This Terms of Use ("Terms" or "Agreement") is for the users, members, customers, and others who visit and use TalkVirginia (collectively or individually, "Members").

The services hereunder are offered by TalkVirginia. Questions or comments regarding service may be addressed to the webmaster at: service@talkvirginia.net.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using and/or REGISTERING FOR TalkVirginia, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS"). If you do not agree to these Terms, THEN please do not use TalkVirginia.

Never display any personal information that could be used to find you in the real, off-line, world -- for example, your full real name, mailing or home address, or phone numbers.

1. Privacy Notice. Your privacy is important to TalkVirginia. TalkVirginia's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
2. Individual Features and Services. When using TalkVirginia, you will be subject to any additional posted guidelines or rules including but not limited to TalkVirginia's Rules & Guidelines and the "Announcements" or "Stickies" found in the TalkVirginia Forums, which are applicable to specific activities and features which may be posted from time to time (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
3. Modification of these Terms. TalkVirginia reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of TalkVirginia after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on TalkVirginia.
4. Prohibited Conduct -- BY USING TalkVirginia YOU AGREE not TO:
1. "stalk", harass, threaten, or defraud other TalkVirginia Members
2. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other TalkVirginia Members
3. make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members
4. impersonate another person or access another Member's account without permission
5. fail to deliver payment for any purchases made on TalkVirginia
6. share TalkVirginia-issued passwords with a third party or encourage another Member to do so
7. misrepresent the source, identity, or content of information transmitted via TalkVirginia, for example, claiming a created work as your own that is not yours
8. use TalkVirginia for any illegal purpose
9. interfere with any security-related features of TalkVirginia
10. intentionally interfere with the operation of TalkVirginia or any Member's enjoyment of it, or intentionally post inflammatory statements to get responses ("Trolling")
5. Eligibility; Account Information. TalkVirginia is not available to persons under the age of 13 or to any Members suspended or removed from TalkVirginia by TalkVirginia. You agree that the information you provide to TalkVirginia on Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
6. Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify TalkVirginia. You may be liable for the losses incurred by TalkVirginia or others due to any unauthorized use of your account.
7. Ownership; Proprietary Rights. TalkVirginia is owned and operated by TalkVirginia. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of TalkVirginia provided by TalkVirginia, including without limitation any Artwork, TalkVirginia member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on TalkVirginia are the property of TalkVirginia or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to TalkVirginia or its affiliates and/or third-party licensors. Except as expressly authorized by TalkVirginia, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials.
8. Member Submissions.
1. Definition of Member Submissions. TalkVirginia may now or in the future permit submissions in journals, personal ads, chat, messages, reviews, blogging, etc. by you and other Members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, TalkVirginia does not guarantee any confidentiality with respect to any Member Submissions.
2. Ownership, Limited License Grants. Member's retain all ownership rights in their Member Submissions. Click here for TalkVirginia's explanation of this Section 8.2.
1. Limited License Grant to TalkVirginia. By submitting Member Submissions to TalkVirginia, you hereby grant to TalkVirginia, solely as necessary to provide the features and functionality of the part(s) of TalkVirginia within which you choose to make your Member Submissions available, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your Member Submissions within TalkVirginia in any media formats and through any media channels. This license does not grant TalkVirginia the right, except in providing the TalkVirginia service, to use your Member Submissions for any other commercial purposes.
2. Limited License Grant to other TalkVirginia Members. By submitting Member Submissions to TalkVirginia, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain TalkVirginia functionality and these Terms, you hereby grant to such Members of TalkVirginia a non-exclusive license to display, reproduce, and perform (if applicable) such Member Submissions solely as necessary for such Members to participate in the relevant TalkVirginia functionality or activity.
3. License Termination. The foregoing license granted by you terminates as to a specific Member Submission once you remove or delete such Member Submission from TalkVirginia.
3. Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize TalkVirginia and TalkVirginia's Members to use your Member Submissions as necessary to exercise the license granted by you in Section 8.2 above and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by TalkVirginia and these Terms.
4. Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TalkVirginia all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TalkVirginia or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
5. Member Submissions Disclaimer. You understand that when using TalkVirginia you will be exposed to Member Submissions from a variety of sources, and that TalkVirginia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TalkVirginia with respect thereto, and agree to indemnify and hold TalkVirginia, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of TalkVirginia. TalkVirginia does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and TalkVirginia expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, TalkVirginia may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, TalkVirginia does not permit copyright infringing activities on TalkVirginia.
9. Messaging and Chat
1. You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, TalkVirginia. TalkVirginia accepts no responsibility whatsoever in connection with or arising from such Messages. TalkVirginia does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by TalkVirginia prior to posting and do not necessarily reflect the opinions or policies of TalkVirginia. TalkVirginia makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, TalkVirginia reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
2. TalkVirginia assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time TalkVirginia chooses, in its sole discretion, to monitor the Forums, TalkVirginia nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that TalkVirginia accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
10. Prohibited Uses.
1. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access TalkVirginia from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting TalkVirginia from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
2. Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of TalkVirginia, you will not use TalkVirginia for any purpose that is unlawful or prohibited by these Terms. You may not use TalkVirginia in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of TalkVirginia. You may not attempt to gain unauthorized access to TalkVirginia, or any part of them, other accounts, computer systems or networks connected to TalkVirginia, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of TalkVirginia or any activities conducted on TalkVirginia. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through TalkVirginia. You agree neither to modify TalkVirginia in any manner or form, nor to use modified versions of TalkVirginia, including (without limitation) for the purpose of obtaining unauthorized access to TalkVirginia.
3. TalkVirginia may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access TalkVirginia for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to TalkVirginia.
11. DMCA Notifications. It is TalkVirginia's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please go to TalkVirginia's DMCA Notification Guidelines. TalkVirginia will promptly terminate without notice any Member's access to TalkVirginia, if that Member is determined to be a "repeat infringer." A repeat infringer is a Member who has been notified by TalkVirginia of infringing activity violations more than twice and/or who has had a Member Submission removed from TalkVirginia more than twice.
12. Payment Terms.

If you purchase products or services from TalkVirginia, then you agree to pay for any such purchases, TalkVirginia Cash, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify TalkVirginia if your selected payment method is cancelled (e.g., for loss or theft).

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of TalkVirginia, including, but not limited to, sales, use or value-added taxes. To the extent TalkVirginia is obligated to collect such taxes, the applicable tax will be added to your billing account.

14. Third-Party Sites, Products and Services; Links
1. TalkVirginia may include links to other web sites or services solely as a convenience to Members ("linked sites"). TalkVirginia does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, TalkVirginia makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TalkVirginia are solely between you and such advertiser. You agree that TalkVirginia will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on TalkVirginia.
15. Violations; Termination. You agree that TalkVirginia, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with TalkVirginia or your use of TalkVirginia and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. TalkVirginia may also in its sole discretion and at any time discontinue providing access to TalkVirginia, or any part thereof, with or without notice. You agree that any termination of your access to TalkVirginia or any account you may have or portion thereof may be effected without prior notice, and you agree that TalkVirginia shall not be liable to you or any third party for any such termination. As discussed herein, TalkVirginia does not permit copyright infringing activities on TalkVirginia, and reserves the right to terminate access to TalkVirginia, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of TalkVirginia may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TalkVirginia may have at law or in equity.
16. Disclaimers; No Warranties. TalkVirginia AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TALKVIRGINIA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TALKVIRGINIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

TALKVIRGINIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TALKVIRGINIA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TALKVIRGINIA OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TALKVIRGINIA, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF TALKVIRGINIA IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TALKVIRGINIA NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TALKVIRGINIA AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification; Hold Harmless. You agree to indemnify, save, and hold TalkVirginia, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of TalkVirginia, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. TalkVirginia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TalkVirginia, and you agree to cooperate with TalkVirginia's defense of these claims.
18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TALKVIRGINIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON TALKVIRGINIA, OR ANY OTHER INTERACTIONS WITH TALKVIRGINIA, EVEN IF TALKVIRGINIA OR A TALKVIRGINIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TALKVIRGINIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL TALKVIRGINIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF TALKVIRGINIA, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER TALKVIRGINIA MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING TALKVIRGINIA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TALKVIRGINIA AND RECEIVED THROUGH OR ADVERTISED ON TALKVIRGINIA OR RECEIVED THROUGH ANY LINKS PROVIDED ON TALKVIRGINIA.

19. Miscellaneous.
1. Notice. Except as explicitly stated otherwise, legal notices will be served on TalkVirginia's national registered agent or to the email address you provide to TalkVirginia during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through TalkVirginia. In such case, notice will be deemed given three days after the date of mailing.
2. Waiver. The failure of TalkVirginia to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TalkVirginia.
3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law.
4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or TalkVirginia will be filed only in the state or federal courts in and for Prince William County, Virginia, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
6. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TalkVirginia without restriction.
7. Survival. Sections 7 and 14 through 19 will survive any termination of these Terms.
8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
9. Entire Agreement. This is the entire agreement between you and TalkVirginia relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by TalkVirginia as set forth in Section 3 above.
10. Claims. YOU AND TALKVIRGINIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TALKVIRGINIA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. Disclosures. The services hereunder are offered by TalkVirginia., located at: [mailing address pending] and email: service@talkvirginia.net. If you are a Virginia resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.