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Terms
of Service
These
Terms of Service disclose the general terms for use of this
web site. We have developed these Terms of Service to govern
your use of this web site (the "Site"). This Site
is developed and managed by Belo Interactive, Inc., and
we, along with our parent corporation, Belo Corp., affiliates,
partners and advertisers, provide content and services to
you subject to the following conditions. Please read them
carefully. These Terms of Service are a binding contract
between you and us regarding your use of this Site. If you
use this Site, you agree to be bound by these Terms of Service.
A. YOUR
USE OF THE SITE
1. Membership
and Registration.
Certain areas of the Site may require registration or may
otherwise ask you to provide information to participate
in certain features or access certain content. The decision
to provide this information is purely optional, however
if you elect not to provide such information, you may not
be able to access certain content or features or participate
in various areas of the Site. When you register or become
a member of the Site or provide information to us in any
other manner, you agree to provide only true, accurate,
current and complete information on all registration pages.
Using a name other than your own legal name is prohibited.
You agree that we may use the information you provide to
us according to the Privacy Policy on the Site.
If
you become a member of the Site, you agree to accept responsibility
for all activities that occur under your account or password,
and agree you will not sell, transfer or assign your membership
or any associated rights therein. You are responsible for
maintaining the confidentiality of your password and for
restricting access to your computer so that others may not
access the Site using your name in whole or in part.
2. Other
Specifics About Interactive Areas. The Sites bulletin
boards, chat rooms and other such interactive areas were
created to provide users with a forum to express their opinions
and share their ideas and information. Given the nature
of the Site and the volume of messages and postings, we
use reasonable efforts to monitor the Site, yet cannot and
do not monitor all of the material posted or transmitted
by users and third party information providers. To protect
your safety, please use your best judgment when using these
forums. We particularly discourage divulging personal phone
numbers and addresses or other information that can be used
to identify or locate you. We reserve the right to delete,
move or edit any communications at any time, for any reason
or in its discretion, but have no obligation to review or
remove any such content. When using the Site, you are prohibited
from posting material that:
(a)
contains offensive, vulgar, profane, false, abusive, libelous,
hateful, defamatory or obscene language;
(b) contains fraudulent, deceptive, or misleading statements;
(c)
violates a copyright or trademark, or any other intellectual
property right of another;
(d)
violates the privacy rights of any third party; or
(e)
violates any municipal, state or federal law, rule,
regulation or ordinance, or attempts to encourage such
violation.
This
list is not exhaustive. Therefore, we reserve the right
to remove any content posted on the Site and/or terminate
your access to the Site at any time for any reason.
3.
Communications with Third Parties Through the Site.
Your dealings or communications through the Site with any
party other than us are solely between you and that third
party. Please review carefully that third partys policies
and practices and make sure you are comfortable with those
policies and practices before you engage in any transaction.
Any complaints, concerns or questions you may have relating
to materials provided by third parties should be forwarded
directly to the third party.
B. INTELLECTUAL
PROPERTY
1. Copyright.
All of the information, content, services and software
displayed on, transmitted through, or used in connection
with this Site, including for example directories, guides,
news articles, opinions, reviews, text, photographs, images,
illustrations, audio clips, video, html, source and object
code, software, data, and the like (collectively, the "Content"),
as well as its selection and arrangement, is owned by us,
our parent corporation or its affiliated companies, licensors
and suppliers. We actively protect our rights to the Content
to the fullest extent of the law. You may not use such material
except as provided in these Terms of Service.
You
may use the Content online and solely for your personal,
non-commercial use, and you may download or print a single
copy of any portion of the Content for your personal, non-commercial
use, provided you do not remove any trademark, copyright
or other notice contained in such Content. No other use
is permitted. You may not, for example, republish
the Content on any Internet, Intranet or Extranet site or
incorporate the Content in any database, compilation, archive
or cache. You may not distribute any of the Content to others,
whether or not for payment or other consideration, and you
may not modify, copy, frame, reproduce, sell, publish, transmit,
display or otherwise use any portion of the Content without
our written consent. Requests to use of the Content for
any purpose other than as permitted in this section should
be directed to Roger Taylor, Site Manager, whas11.com, 520
W. Chestnut St., Louisville, KY 40202.
2. Copyright
Complaints.
Belo has registered as an agent with the United States Copyright
Office in accordance with the terms of the Digital Millennium
Copyright Act (the "Act") and avails itself of
the protections under the Act. Belo reserves the right to
remove any content on the Site which allegedly infringes
another persons copyright. Notices to Belo regarding
any alleged copyright infringement on the Site should be
directed to the contact information at the end of these
Terms of Service.
3. Trademarks.
The Content includes logotypes, trademarks and service marks
(collectively "Marks") owned by us and our affiliates, and
Marks owned by other information providers and third parties.
No Marks may be used in any manner unless approved in writing
in advance by us.
4. Links
to, and frames of, the Site.
If you operate a Web site and wish to link to this Site,
you may link only to the home page of the Site and not to
any other page or subdomain of us. You may not frame or
utilize framing techniques that involve any Marks, copyrighted
material or other proprietary information (including images,
text, page layout, or form) of any portion of the Site or
suggest any relationship between our Site and you without
our express written consent. In addition, you agree not
to decompile, reverse engineer or disassemble any software
or other products or processes accessible through the Site,
not to insert any code or product or manipulate the content
of the Site in any way that affects the users experience,
and not to use any data mining, robots, cancelbots, spiders,
Trojan horse, or any data gathering or extraction method
in connection with your use of the Site.
C. YOUR
REPRESENTATIONS AND WARRANTIES
You
represent, warrant and covenant (a) that no materials of
any kind submitted by you and/or through your membership
account will (i) violate, plagiarize, or infringe upon the
rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii)
contain libelous or otherwise unlawful material; and (b)
that, if you are providing information to the Site, you
are at least thirteen (13) years old. You hereby agree to
indemnify, defend and hold harmless Belo Interactive, its
parent corporation, affiliate companies, officers, directors,
employees, shareholders, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and
costs, including, without limitation, reasonable attorneys
fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you or any user
of your account of these Terms or as reasonably required
in the defense of any such claim. We reserve the right,
at our own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
D. GENERAL
DISCLAIMER AND LIMITATION OF LIABILITY
While
we use reasonable efforts to include accurate and up-to-date
information on the Site, we make no warranties or representations
as to the accuracy of the Content and assume no liability
or responsibility for any error or omission in the Content.
We do not represent or warrant that use of any Content,
when authorized, will not infringe the rights of third parties.
In addition, in some cases, Content available on the Site
may be provided and/or hosted by third parties. We have
not reviewed all of the sites linked to this Site and are
not responsible for the content of any off-site pages or
links to or from any other sites. While we encourage such
third parties to abide by these Terms of Service, we have
no responsibility for actions of third parties.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT
YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER
WE, NOR OUR PARENT CORPORATION, ITS AFFILIATED OR RELATED
COMPANIES, OR ANY OF OUR OR THEIR SHAREHOLDERS, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE
"PARTIES"), MAKE ANY REPRESENTATION OR WARRANTY
OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE
AT THE SITE, ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE,
OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES
OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL
MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR DESTRUCTIVE FILES.
WE
SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES
REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT,
AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS
OR CONTENT OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES
AVAILABLE ON OR THROUGH THE SITE.
IN
NO EVENT SHALL THE PARTIES BE LIABLE FOR: (I) ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING,
WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT
OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY AMOUNT
FOR DIRECT DAMAGES IN EXCESS OF $100. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES
AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
The
Site is controlled, operated and administered by Belo Interactive
from its offices within the United States. We make no representation
that materials or Content available through 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 the Site 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 local
laws.
E. MISCELLANEOUS
1. We
reserve the right to change these Terms of Service at any
time in our discretion and to notify users of any such changes
solely by changing these Terms of Service. Your continued
use of the Site after the posting of any amended Terms of
Service shall constitute your agreement to be bound by any
such changes. Please note that your use of this Site prior
to the time these Terms of Service was posted will be governed
according to the Terms of Service that applied at the time
of your use, if any.
2. We
may modify, suspend, discontinue or restrict the use of
any portion of the Site, including the availability of any
portion of the Content at any time, without notice or liability,
terminate any registration and/or membership and/or deny
access to any person or user at any time for any reason.
3. These
Terms of Service will be governed by and construed in accordance
with the laws of the State of Texas, without regard to its
conflicts of law provisions. You hereby agree that any cause
of action you may have with respect to the Site must be
filed in a federal or state court located in Dallas, Texas,
within two (2) months of the time in which the events giving
rise to such claim began, or you agree to waive such claim.
4. If
for any reason any provision of this Agreement is found
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties
as reflected in that provision, and the remainder of the
Agreement shall continue in full force and effect. Any failure
of ours to enforce or exercise any provision of this Agreement
or related right shall not constitute a waiver of that right
or provision.
CONTACT
US
If
you have any questions or comments regarding these Terms
of Service and/or the Site, please contact us at the following:
Whas11.com
520 W. Chestnut St.
Louisville, KY 40202
or
Email:
rtaylor@whas-tv.com
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