TERMS OF SERVICE
Last Updated: July 7, 2014
These Terms of Service (the "Terms of Service") apply to websites, mobile applications and other digital media owned and/or operated by KTVK ("KTVK", "we", "us", or "our") and govern your use of certain KTVK digital products, including this website (the "Site"), mobile versions of the Site, mobile downloadable applications, services that allow you to submit content to us, blog submission services, RSS feeds, widgets or other embedding technologies, podcasts, chat rooms and message boards, as well as KTVK accounts on social media platforms, including, but not limited to Facebook, Twitter, and Instagram ("Service" or "Services"). Any new Services made available to you by us that enhance or modify the current Site or Services will also be subject to the terms and conditions of these Terms of Service.
1. YOUR ACCEPTANCE
BY USING THIS SITE OR THE SERVICES, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TERMS OF SERVICE. We may occasionally change these Terms of Service. We will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. Your continued use of the Site or Services constitutes your acceptance of the revised Terms of Service.
2. REGISTRATION, PRIVACY AND SECURITY
2.1 In order to use certain portions of the Site or a Service, you may be required to create a user account. You agree that you will register only if you are 13 years of age or older. You agree that any information you provide is complete and accurate. You may not (i) register under the name of another person with the intent to impersonate that person; (ii) use the login credentials of another person; or (iii) use a user name that we, in our sole discretion, deem offensive. If we believe that the information you provided is incomplete or inaccurate, we have the right to terminate your account and prohibit you from using the Site or Services.
2.3 You are responsible for maintaining the confidentiality of your password and for use of the Site under your user name, password or account (whether by you or others). If you become aware of any unauthorized use of your user name, password, or account, you agree to notify us immediately by sending an email to customer service.
3. OUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
3.1 Content on the Site. All materials published on the Site or Services including, but not limited to, news articles, photographs, images, illustration, audio clips and video clips, trademarks, logos, and other materials (the “Content”) are our property or the property of our affiliates or licensors, and are protected by copyright and other intellectual property laws.
3.2 Your Right to Use Site Content. You may use the Content only for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content or other downloadable items displayed on the Services only for your personal, non-commercial use, provided you do not remove or modify any trademark, copyright, or other notices contained in that Content. You may not modify, copy, publish, upload, post, transmit, sell, create new works based upon, or distribute the Content or the Services in any manner without our written authorization.
3.3 ASSOCIATED PRESS MATERIALS NOTICE
The following provision applies to all visitors (which shall include persons and representatives of legal entities, including, without limitation, digital engines of a kind that crawl, index, scrape, copy, store, or transmit digital content): By accessing this website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, "AP Material") shall not be published, broadcast, modified for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored on a computer except for personal, non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in AP Material or in the transmission or delivery of any part thereof or for any damages arising there from or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.
4. USER CONTENT
4.1 User Content Representations and Warranties. Portions of the Site or Services may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages or material, including your name or likeness to us, the Site or Service ("User Content"). By posting User Content, you represent and warrant: (a) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; (b) the User Content will not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy or publicity, and (c) the User Content shall not violate any applicable law or regulation, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Site that specifically ask for unique, fictitious names).
* If the User Content you provided consists of a photo or video that depicts any children under the age of 13, you affirm that you are the child's parent or legal guardian or that you have written permission from the childs parent or legal guardian to provide the photo or video.
4.2 User Content License. You grant us, a perpetual, nonexclusive, world-wide royalty free, sub-licensable license to the User Content, which includes without limitation the right for us or any third party we designate, to use, copy , transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies ) in any form or media now known or hereinafter developed, any User Content posted by you on or to the Services or other websites owned by KTVK, including any User Content posted on or to the Services through a third party. User Content may also be included in our RSS feeds, APIs and made available for republishing through other formats.
4.3 User Content Screening and Removal. You acknowledge that we may or may not pre-screen User Content, and shall have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.
4.4 User Content Assumption of Risk. The Site cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the Site is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using the Site. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any Submission. If you use your legal name as your username, then your legal name may be published.
5. USER CONTENT POSTING RULES
You agree that in using the Site and posting User Content, you will not:
- Restrict or inhibit any other user from using and enjoying the Site;
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site;
- Contact anyone who has asked not to be contacted;
- Engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
- Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site (such as submitting an excessive number of messages - i.e. a flooding attack), or that otherwise negatively affects other users ability to use the Site and/or services;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Site. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service.
We reserve the right, but disclaim any obligation or responsibility, to (i) remove any User Content from the Site or KTVK websites that violates these Terms of Service (including, without limitation, this prohibited conduct provision), and (ii) comply with any subpoena, order and otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site or KTVK websites in violation of the law or alleged to have information related to an investigation. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User Content and turn all or a portion thereof over to law enforcement officials.
CLASSIFIED ADVERTISING The Site may now or in the future offer Services that allow you to place classified advertisements or other forms of advertisements ("Classified Ad"). We are never a party to any transaction between buyers and sellers. We are not obligated to publish a Classified Ad. Our publication of a Classified Ad does not constitute an agreement for continued publication. We will accept only standard abbreviations and proper punctuation in Classified Ads. We accept no liability for error or omission with respect to a Classified Ad or your use of Classified Ads. We reserve the right to edit, reclassify, revise, reject, or cancel any Classified Ad at any time, in our sole discretion. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, gender, national origin, handicap or familial status. We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. Nor do we knowingly accept advertisements for tobacco, gentlemen’s clubs, adult-oriented materials or services or offshore or Internet gambling.
LIMITATIONS ON LINKING AND FRAMING
If you operate a website, you may include on your website a link to this Site, as long as the link does not falsely imply or state that we sponsor, endorse, or are otherwise affiliated with your site and you agree to cease such link upon our request. However, you may not, without our prior written permission, frame or inline link the Site, or otherwise incorporate the Content or Submissions into another website or other service.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to KTVK, Attn: Copyright Infringement, 5555 N. 7th Ave, Phoenix, AZ 85013, or by email to firstname.lastname@example.org. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:
- A detailed description of the copyrighted work you believe is being infringed;
- A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
- Your contact information, including your name, address, telephone number, and, if available, email address;
- A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
- A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
- An original or electronic signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Please note that the above contact information is only for copyright infringement notices. DO NOT CONTACT KTVK's COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. Contacts for other matters are provided elsewhere through this Terms of Service or on the Site.
Third-Party Web Sites. The Site includes links and pointers to websites maintained by third parties. A link from this Site to another website does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through such sites. We do not control and are not responsible for any content, advertising, products, services or materials offered on or available from third-party Web sites. A third-party site may have privacy policies and terms of service that differ from ours, and we have no liability or responsibility for those policies or terms. If you have any questions or concerns about anything relating to another website, please direct your questions or concerns to the operator of that website.
Purchase of Products and Services from Merchants. The Site may allow you to purchase products and services from third-party merchants. When you deal with one of these merchants, you may be subject to its terms and conditions and policies. For information about a merchant, its products, services, privacy policies, and any other applicable terms and conditions, contact that merchant directly or visit that merchant's Web site. We are not responsible for any damages that you incur or any claims you may have arising out of your purchase or use of any products or services from, or your dealings with or reliance on, third parties through the Site.
THE SITE, THE SERVICES, THE CONTENT, THE SUBMISSIONS AND ANY INFORMATION, PRODUCTS AND SERVICES OFFERED OR PROVIDED THROUGH THE SITE OR ANY THIRD-PARTY WEBSITES ACCESSED VIA THE SITE OR SERVICESARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR ANY OF ITS FEATURES, FUNCTIONS OR SERVERS THAT MAKE IT AVAILABLE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY WEBSITES ACCESSED VIA THE SITE, OR THE RESULTS OF YOUR USE OF THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY WEB SITES, WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, OR RELIABLE OR WILL MEET YOUR SATISFACTION OR REQUIREMENTS.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. 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.
The Site is provided for information purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Site 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.
LIMITATION OF LIABILITY
NEITHER WE, NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES ("OUR RELATED AFFILIATES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, ITS SERVICES, CONTENT, SUBMISSIONS, OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR OUR RELATED AFFILIATES' (AS DEFINED HEREIN) AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER SUCH STATE LAW. WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT OF ANY USER.YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Termination. We may, in our sole discretion, terminate or suspend your access to all or part of the Site or Services for any reason, including breach of these Terms of Service. If we terminate your access, you agree that the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to us, and all other provisions for which survival is equitable or appropriate.
Entire Agreement. These Terms of Service constitute the entire agreement between you and us, and supersede all prior and contemporaneous agreements or other communications (written or oral) between you and us.
Governing Law; Statute of Limitations. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. Any action to enforce these Terms of Service shall be brought in federal or state court in Dallas County, Texas. You agree to file any claim you have arising out of or related to this site or these terms of service within one (1) year after the claim accrues; otherwise, such claim shall be permanently barred.
Severability; No Waiver. If any provision of these Terms of Service is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms of Service shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Terms of Service or related right shall not constitute a waiver of that right or provision.
International Law. We control, operate and administer this Site from the United States. We make no representation that materials or Content on the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Site Content or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.