Section 1. Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the wkrn.com domain name, the "Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms and Conditions of Use") AND THE TERMS AND CONDITIONS OF WKRN'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.wkrn.com , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree by accepting them below, you will not be permitted to use the Website.
Section 2. WKRN Website
Section 3. Website Access
3.1 WKRN hereby grants you permission to use the Website as set forth in this Terms and Conditions of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without WKRN's prior, express, written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms and Conditions of Use.
3.2 In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide true, accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password private and secure. You must notify WKRN immediately of any breach of security or unauthorized use of your account. Although WKRN will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WKRN or others due to such unauthorized use.
3.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the WKRN servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, WKRN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WKRN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Section 4. Intellectual Property Rights
4.1 The content on the WKRN Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by, or licensed to, WKRN, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "AS IS, WHERE IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WKRN reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the WKRN Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the WKRN Website or the Content therein.
Section 5. User Submissions
5.1 The WKRN Website may, but is not obligated to, permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. WKRN is not obligated to either permit, or if permitted to accept User Submissions. If accepted, WKRN is not obligated to publish or otherwise use a User Submission. WKRN may accept, reject and/or publish and/or otherwise use a User Submissions in its sole and exclusive discretion which may be unreasonably denied, condition and/or delayed. You acknowledge and agree that whether or not such User Submissions are accepted and/or published, WKRN does not guarantee any confidentiality with respect to any submissions.
5.2 You shall be solely responsible for each of your own User Submissions and the consequences of posting or publishing one or more User Submission(s). In connection with User Submissions, you affirm, represent, and/or warrant that, at or before the time you offer to WKRN a User Submission: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WKRN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use.
5.2 By submitting a User Submission to WKRN, you hereby grant WKRN a worldwide, non-exclusive, royalty-free, fully paid-up, sublicenseable and transferable right and license to (i) adapt, modify, alter and otherwise prepare derivate works based on the User Submission (a "Derivate Work")(the User Submission and a Derivative Work are collectively referred to as the "Materials"); (ii) use, reproduce, distribute, publicly display, publicly perform, broadcast, transmit, and/or communicate, the Materials (alone or in combination with other works, including, but not limited to text, data, images, photographs, illustrations, animation, graphics, video or audio segments and hypertext links) in connection with the WKRN Website and/or WKRN's (and its successor's) business, including without limitation in connection with news and/or for promoting and redistributing part or all of the WKRN Website and/or WKRN's (and its successor's) business in any media formats and through any media channels and by means of any technology, whether now known or hereafter to become known.
5.3 You also hereby grant each user of the WKRN Website a worldwide, non-exclusive, royalty-free, fully paid-up, right and license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the WKRN Website.
5.4 You further warrant, represent, covenant and agree that: (i) you have the right to enter into this Agreement; (ii) you are more than 18 years of age; (iii) the User Submission(s) are your original creation and work and do not at the time of submission to WKRN, and will not at any time after submission, violate or infringe, or contain any content that would violate or infringe, any existing intellectual property right of any person, including without limitation copyright or trade secret rights, contractual rights or obligations, and/or rights of publicity or privacy; (iv) no User Submission will contain any matter which, if published, will be fraudulent, harassing, defamatory, obscene, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any federal or state law or regulation, or is otherwise inappropriate; (iv) you will not post advertisements or solicitations of business; and (v) you will not impersonate another person.
5.5 You acknowledge and agree that WKRN does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and WKRN expressly disclaims any and all liability in connection with User Submissions.
5.6 WKRN does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and WKRN will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. WKRN reserves the right to remove Content and User Submissions without prior notice. WKRN will also terminate a User's access to its Website, for any violation of these Terms and Conditions of Use. WKRN also reserves the right to determine, in its sole and exclusive discretion, whether a User Submission or other content is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. WKRN may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions of Use at any time, without prior notice and at its sole and exclusive discretion.
5.7 If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WKRN's designated Copyright Agent to receive notifications of claimed infringement is: , email: @WKRN.com, telephone: , fax: . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to WKRN customer service through http://www.WKRN.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
5.8 You understand that when using the WKRN Website, you will be exposed to User Submissions from a variety of sources, and that WKRN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User 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 WKRN with respect thereto, and agree to indemnify and hold WKRN, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5.9 WKRN permits you to link to materials on the Website for personal, non-commercial purposes only. WKRN reserves the right to discontinue any aspect of the WKRN Website at any time.
Section 6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WKRN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WKRN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WKRN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WKRN WEBSITE. WKRN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WKRN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WKRN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Section 7. Limitation of Liability
IN NO EVENT SHALL WKRN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WKRN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WKRN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by WKRN from its facilities in the United States of America. WKRN makes no representations that the WKRN Website is appropriate or available for use in other locations. Those who access or use the WKRN Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Section 8. Indemnity
You agree to defend, indemnify and hold harmless WKRN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the WKRN Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the WKRN Website.
Section 9. Ability to Accept Terms and Conditions of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. In any case, you affirm that you are over the age of 13, as the WKRN Website is not intended for children under 13. If you are under 13 years of age, then please do not use the WKRN Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Section 10. Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WKRN without restriction.
Section 11. General
11.1 You agree that: (i) the WKRN Website shall be deemed solely based in Tennessee; and (ii) the WKRN Website shall be deemed a passive website that does not give rise to personal jurisdiction over WKRN, either specific or general, in jurisdictions other than Tennessee. These Terms and Conditions of Use shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and WKRN that arises in whole or in part from the WKRN Website shall be decided exclusively by a court of competent jurisdiction located in Davidson County, Tennessee. These Terms and Conditions of Use, together with the Privacy Notice at http://www.WKRN.com and any other legal notices published by WKRN on the Website, shall constitute the entire agreement between you and WKRN concerning the WKRN Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and WKRN's failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. WKRN reserves the right to amend these Terms and Conditions of Use at any time and without notice, and it is your responsibility to review these Terms and Conditions of Use for any changes. Your use of the WKRN Website following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms. YOU AND WKRN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WKRN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11.2 Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between you and WKRN. Neither party, by virtue of this Agreement, is authorized as an agent, employee or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other and their status is, and ant all times will continue to be, that of independent contractors.