|
TERMS OF USE AGREEMENT
TERMS OF USE AGREEMENT
This Internet Web site is owned and
managed by Newport Television LLC and this station (collectively "Newport", "we"
or "us"). We provide this Web site and related services for your personal
non-commercial use only and subject to your compliance with the provisions of
this Terms of Use Agreement (the "Agreement"). Please read this Agreement
carefully. Your use of our Web site means that you agree to be bound by this
Agreement. If at any time you do not accept all the provisions of this Agreement
you may not use this Web site.
Certain products, services, or content
available on this Web site may be governed by additional terms, which are posted
in connection with those products, services and content. You must agree to these
additional terms before using those areas. In the event of an irreconcilable
inconsistency between any such additional terms and this Agreement, the
additional terms shall control.
YOU MAY NOT USE THIS WEBSITE FOR ANY
PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE
ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN
OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY
PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS OR FOR NO
REASON.
Changes to this Agreement
This Agreement is effective
as of March 14, 2008. We reserve the right, in our sole discretion, to modify,
alter, or otherwise change this Agreement and/or any additional terms at any
time, and such modifications, alterations, or other changes will be effective
upon posting by us to this Web site. We will provide notice of such change on
this Web site. Your continued use of this Web site constitutes your acceptance
and agreement to be bound by these changes. If at any time you do not accept
these changes, you must discontinue use of this Web site.
General Use
of the Web Site
The content on this Web site, except User Submissions (as
defined below), including without limitation, the articles, other text,
photographs, images, illustrations, graphics, software, scripts, sounds, music,
videos, interactive features and the trademarks, service marks and logos
contained therein ("Content"), are owned by or licensed to Newport. Content on
the Web site is provided to you AS IS for your information and personal use only
and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of Newport. Newport
reserves all rights not expressly granted in and to the Web site and the
Content.
You agree not to use the Web site, for any commercial use,
without prior written authorization of Newport.
You may inquire about
obtaining consent by writing:
Legal Department
Newport Television
LLC
460 Nichols Rd., Suite 250
Kansas City, Missouri 64112
By
Facsimile: 816-751-0250
By Email: legal@NewportTV.com
Associated
Press
Associated Press text, photo, graphic, audio/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 use. AP
will not be held liable 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.
User
Submissions
As a Newport account holder you may submit video, text,
files, images, photos, sounds or other materials ("User Submissions"). You
understand that whether or not such User Submissions are published, Newport does
not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: you own or have the necessary
licenses, rights, consents, and permissions to use and authorize Newport 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 Web site and these Terms of Use.
For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting User Submissions to Newport, you hereby
grant Newport a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Newport Web
site and Newport’s (and its successors' and affiliates') business, including
without limitation for promoting and redistributing part or all of the Newport
Web site (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the Newport Web site a
non-exclusive license to access your User Submissions through the Web site, and
to use, reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the Web site and under these Terms of
Service. The above licenses granted by you in User Videos terminate within a
commercially reasonable time after you remove or delete your User Videos from
the Newport Web site service. You understand and agree, however, that Newport
may retain, but not display, distribute, or perform, server copies of User
Submissions that have been removed or deleted. The above licenses granted by you
in User Comments are perpetual and irrevocable.
In connection with User
Submissions, you further agree that you will not 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 Newport all of the license rights granted herein.
You further agree that you will not, in connection with User
Submissions, submit material that is contrary to applicable local, national, and
international laws and regulations.
Newport does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and
Newport expressly disclaims any and all liability in connection with User
Submissions. Newport does not permit copyright infringing activities and
infringement of intellectual property rights on its Web site, and Newport will
remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights. Newport
reserves the right to remove Content and User Submissions without prior notice.
Additional Terms of Use
In addition to the general
restrictions above, the following restrictions and conditions apply specifically
to your use of Content on the Newport Web site.
You agree not to alter
or modify any part of the Web site, including but not limited to Newport’s
embeddable player or any other related technologies.
You agree not to
access User Submissions or Newport Content through any technology or means other
than the video playback pages of the web site itself, the Newport embedded
player, or other explicitly authorized means Newport may designate.
If
you use the Newport embedded player on your Web site, you must include a
prominent link back to the Newport Web site including the pages containing the
embedded player and you may not modify, build upon, or block any portion of the
embedded player in any way.
If you use the Newport Uploader, you agree
that it may automatically download and install updates from time to time from
Newport. These updates are designed to improve, enhance and further develop the
Uploader and may take the form of bug fixes, enhanced functions, new software
modules and completely new versions. You agree to receive such updates (and
permit Newport to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline readers," that accesses the Web
site in a manner that sends more request messages to the Newport servers in a
given period of time than a human can reasonably produce in the same period by
using a conventional on-line web browser. Notwithstanding the foregoing, Newport
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Newport 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 Web site, nor to use the communication systems provided by the
Web site (e.g. comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Web site with
respect to their User Submissions.
You may access User Submissions
solely:
for your information and personal use;
as intended through the normal functionality of the Newport Web site
service; and
for Streaming.
"Streaming" means a contemporaneous digital
transmission of an audiovisual work via the Internet from the Newport Web site
to a user's device in such a manner that the data is intended for real-time
viewing and not intended to be copied, stored, permanently downloaded, or
redistributed by the user. Accessing User Videos for any purpose or in any
manner other than Streaming is expressly prohibited. User Videos are made
available "as is."
User Comments are made available to you for your
information and personal use solely as intended through the normal functionality
of the Newport Web site service. User Comments are made available "as is", and
may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, downloaded, or otherwise exploited in any manner not
intended by the normal functionality of the Newport Web site service or
otherwise as prohibited under this Agreement.
You may access Newport
Content, User Submissions and other content only as permitted under this
Agreement. Newport reserves all rights not expressly granted in and to the
Content and the Newport Web site service.
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 Web site for any commercial
purposes. You agree not to circumvent, disable or otherwise interfere with
security-related features of the Newport Web site or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the
Newport Web site or the Content therein.
You understand that when using
the Newport Web site, you will be exposed to User Submissions from a variety of
sources, and that Newport 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 Newport with respect thereto, and agree to
indemnify and hold Newport, 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.
Accounts, Security, Passwords
If the Web
site requires you to open an account, you must complete the specified
registration process by providing complete and accurate information as requested
by the applicable online registration form. You are responsible for maintaining
the completeness and accuracy of your registration data and any loss caused by
your failure to do so is your responsibility. After you have completed the
registration form, you may be asked to choose a password and a user name. You
are responsible for maintaining the confidentiality of your password and
account. You are responsible for any and all activities that occur under your
account. We are not liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. You may cancel your account by delivering notice in the manner
provided in the additional terms applicable to the Web site feature for which
you are registered.
Privacy and Protection of Personal
Information
We have developed a Privacy Statement in order to inform you
of our practices with respect to the collection, use, and disclosure of personal
information. You can find this Statement by clicking here.
Fees
Except where otherwise
provided, access to and use of this Web site are currently available without
charge. We reserve the right to charge a fee for access to or use of this Web
site at any time in the future. Your access to or use of this Web site before
such time does not entitle you to use of this Web site without charge in the
future.
Termination
Newport reserve the right, in its sole
discretion, to modify, suspend, or terminate this Web site and/or any portion
thereof, and/or your account or password, at any time for any reason with or
without notice to you. We may immediately terminate these terms of use with
respect to you (including your access to the Web site) without cause and without
notice to you in our sole discretion. Upon termination, you must cease use of
the Web site and destroy all materials obtained from such sites and all copies
thereof whether made under these terms of use or otherwise. In the event of
termination, you will still be bound by your obligations under this Agreement,
including the warranties made by you, and by the disclaimers and limitations of
liability. Additionally, we shall not be liable to you or any third-party for
any termination of your access.
Newport reserves the right to decide
whether Content or a User Submission is appropriate and complies with these
Terms of Service for violations other than copyright infringement, such as, but
not limited to, pornography, obscene or defamatory material, or excessive
length. Newport may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Service at any
time, without prior notice and at its sole discretion.
Disclaimer of
Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION
OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS
CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS
IS," "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT,
TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS
SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY,
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND
CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY
FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS,
FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF
TICKET ORDERS OR INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL
DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on
Liability
In no event shall Newport, this station, their subsidiaries,
affiliates, distributors, suppliers, licensors, agents or others involved in
creating, sponsoring, promoting, or otherwise making available this Web site and
its contents, be liable to any person or entity whatsoever for any direct,
indirect, incidental, special, compensatory, consequential, or punitive damages
or any damages whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses; (ii) your
inability to use, unauthorized use of, performance or non-performance of this
Web site; (iii) unauthorized access to or tampering with your personal
information or transmissions; (iv) the provision or failure to provide any
service; (v) errors or inaccuracies contained on this Web site or any
information, software, products, services, and related graphics obtained through
this Web site; (vi) any transactions entered into through this Web site; (vii)
any property damage including damage to your computer or computer system caused
by viruses or other harmful components, during or on account of access to or use
of this Web site or any site to which it provides hyperlinks; or (viii) damages
otherwise arising out of the use of this Web site and our Internet Services. The
limitations of liability shall apply regardless of the form of action, whether
based on contract, tort, negligence, strict liability or otherwise, even if we
have been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold
harmless Newport, this station, their subsidiaries, agents, distributors and
affiliates, and their officers, directors and employees from and against any and
all claims, demands, liabilities, losses, expenses, damages, and costs,
including reasonable attorneys’ fees, resulting from your violation of any
provision of this Agreement, any additional terms, the Privacy Statement, or any
warranty you provide herein, or otherwise arising in any way out of your use of
this Web site. We reserve the right to take exclusive control and defense of any
such claim otherwise subject to indemnification by you, in which event you will
provide us with such cooperation as is reasonably requested by us.
Links
This Web site may contain links to websites operated by
third parties. We do not monitor or control the linked sites and make no
representations regarding, and are not liable or responsible for the accuracy,
completeness, timeliness, reliability or availability of, any of the content
available at these sites. If you choose to access any third party site, you do
so at your own risk. The presence of a link to a third-party site does not
constitute or imply Newport's or this station’s endorsement, sponsorship, or
recommendation of the third party or of the content, products, or services
contained on, or available through, the site.
Third-Party
Merchants
This Web site may enable you to order and receive products,
information and services from businesses that are not owned or operated by us.
The purchase, payment, warranty, delivery, maintenance, and all other matters
concerning the merchandise, services, information or advice ordered or received
from such businesses are solely between you and such businesses. We do not
endorse, warrant, or guarantee such products, information, or services, and are
not liable for the accuracy, completeness, or usefulness of such information or
the quality of availability of such products or services. We will not be a party
to or in any way responsible for monitoring any transaction between you and
third-party providers of such products, services, or information, or for
ensuring the confidentiality of your credit card information. Any charges or
obligations you incur in your dealings with these third parties are your
responsibility.
Software And Downloads Available Through This Web
site
Any software that is made available to view and/ or download in
connection with this Web site, including podcasts, audio streaming, or video
streaming, is owned or controlled by us and/or our licensors, affiliates and
suppliers and is protected by copyright laws and international treaty
provisions. Your use of such software is limited to private, non-commercial use
and is also governed by the terms of the end user license agreement, if any,
which accompanies or is included with the software. We accept no responsibility
or liability in connection with any software owned or controlled by third
parties.
Interactive Services
This Web site may offer certain
interactive components such as bulletin boards, chat rooms, blogs, and forums
(collectively "Interactive Services"). Additional terms may cover these
services, which appear on the pages where these services are available and can
be found here.
Subscription
Services
This Web site may offer certain subscription services such as
newsletters and Real Simple Syndication ("RSS") feeds (collectively
"Subscription Services"). By registering for a Subscription Service, you will be
subject to any charges and additional terms set forth in the description of that
service.
Premium Services
This Web site may offer certain
Interactive Services and Subscription Services conditioned on your payment of a
fee ("Premium Service"). By using the Premium Service, you will be subject to
any charges and rules set forth in the additional terms for that service, which
appear on the ages where such services are available. A copy of Premium Service
additional terms can be found here.
Contests/Sweepstakes
For additional terms applying to all
contests or sweepstakes conducted by this Web site, refer to this site's contest
or sweepstakes information.
Governing Law
This Agreement shall
be governed by the laws of the State of Delaware, as it is applied to agreements
entered into and to be performed entirely within such state, without regard to
conflict of law principles. You agree that any cause of action you, Newport, or
this station brings to enforce this Agreement or in connection with any matters
related to this Web site and/or the Privacy Statement shall be brought only in
either the state or Federal courts located in Wilmington, Delaware. You consent
to the personal jurisdiction of the courts of the State of Delaware for any
cause of action arising out of this Agreement. You agree to file any cause of
action with respect to this Agreement within one year after the cause of action
arises, and that a cause of action filed after this date is barred.
Severability
If any provision of this Agreement, or the
application thereof to any person or circumstances, is held invalid or for any
reason unenforceable including, but not limited to, the warranty disclaimers and
liability limitations, then such provision shall be deemed superseded by a
valid, enforceable provision that matches, as closely as possible, the original
provision, and the other provisions of this Agreement shall remain in full force
and effect. The failure of either party to insist upon strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision
or right. Unless expressly provided otherwise, this Agreement is the entire
agreement between you and us with respect to the use of this Web site and shall
not be modified except in writing, signed by an authorized representative of
Newport.
Contact Us
If you have any questions or comments
regarding this Agreement, the Privacy Statement, the practices of this Web site,
or your dealings with this Web site, you may send them by email to legal@NewportTV.com. You must send any official
correspondence via postal mail to:
Newport Television LLC
Legal
Department
460 Nichols Rd., Suite 250
Kansas City, Missouri
64112
Please include the web address, call letters or station's name.
Please note that this email address should only be used for specific technical
issues related to the website such as unsubscribing from a database. The
recipients of these emails will not be able, in general to answer concerns
regarding on-air programming, promotions or other non-web related issues.
Foreign Users
This Web site is governed by and operated in
accordance with the laws of United States of America and is intended for
enjoyment of residents of the United States. We make no representation that this
website is governed by or operated in accordance with the laws of other nations.
By using this site and submitting any personal information, visitors from
outside of the United States acknowledge the this site is subject to U.S. law,
consent to the transfer of personal data to the U.S., and waive any claims that
may arise under their own national laws.
Copyright & Trademark Notice
Use of
Intellectual Property
This Web site, and all of its Contents, are
protected by copyright, trademark and other laws of the United States, as well
as international conventions and the laws of other countries. The Content is
owned or controlled by us or by other parties that have provided rights thereto
to us. This Web site is protected by copyright as a collective work or
compilation under the copyright laws of the United States and other countries,
and all individual articles, content, and other elements comprising this Web
site are also copyrighted works. Content on the Web site may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of Newport.
Other trademarks, service marks,
product names and company names or logos appearing on this Web site that are not
owned by us may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted in writing, we
explicitly disclaim any responsibility for the accuracy, completeness or
availability of information, content and materials found on sites that link to
or from any page beyond the homepage of this Web site.
You may inquire
about obtaining permission by writing:
Legal Department
Newport
Television LLC
460 Nichols Rd., Suite 250
Kansas City, Missouri
64112
By Facsimile: 816-751-0250
By Email: legal@NewportTV.com
Digital
Millennium Copyright Act We respect the intellectual property rights of third
parties, and comply with the terms of the Digital Millennium Copyright Act
(DMCA) regarding such rights. By submitting any material or photographs through
this Web site, you are granting permission to have this material posted on this
Web site, and are representing that you are the rightful owner of the submitted
material, and that no one else may claim rights to this material. We reserve the
right to remove access to infringing material. Such actions do not affect or
modify any other rights we may have under law or contract. You can find our
procedures for providing notice of alleged copyright infringement here. We will
terminate the accounts of users who repeatedly infringe third party rights.
Procedure for Making Claim of Copyright Infringement
If you
believe that your work has been copied in a way that constitutes copyright
infringement, you should send written notification thereof, in accordance with
the provisions of the Digital Millennium Copyright Act, to our Designated Agent,
who can be reached as follows:
By mail:
DMCA Designated
Agent
c/o Legal Department
Legal Department
Newport Television
LLC
460 Nichols Rd., Suite 250
Kansas City, Missouri 64112
By
Facsimile: 816-751-0250
By Email: dmca@NewportTV.com
Pursuant to 17
U.S.C. § 512(c), to be effective, the Notification must include the following:
(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 Newport
to locate the material.
(iv) Information reasonably sufficient to permit
Newport to contact the complaining party, such as an address, telephone number,
and, if available, an email address.
(v) A statement that the
complaining party has 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.
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright
infringement. Messages related to other matters will not receive a response
through this process.
You acknowledge that if you fail to comply with
all of the requirements of this Section, your Claim may not be valid.
Counter-Notice. If you believe that your User Submission that was
removed (or to which access was disabled) is not infringing, or that you have
the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your User Submission, you
may send a counter-notice containing the following information to the Copyright
Agent:
§ Your physical or electronic signature;
§ Identification of the
content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
§
A statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and
§
Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the state of Delaware, and a statement that you
will accept service of process from the person who provided notification of the
alleged infringement.
If a counter-notice is received by the Copyright
Agent, Newport may send a copy of the counter-notice to the original complaining
party informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an action
seeking a court order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at Newport’s sole discretion.
Seek It Local Free Classifieds Terms and
Conditions
Seek It Local Free Classifieds (the "Service") is
provided to you by Newport Television LLC and this station ("we" or "us"). The
Service is provided subject to this Web site’s Terms of Use Agreement, Copyright
& Trademark Notice and Privacy Statement, as supplemented by this Web site’s
Interactive Services Additional Terms and these Seek It Local Free Classified
terms and conditions (collectively "Service Terms"). By using these Seek It
Local Free Classifieds, you agree to abide by these Service Terms. We reserve
the right to deny access to this website to anyone who violates these Service
Terms or who, in our judgment, interferes with the ability of others to enjoy
the Web site, or infringes the rights of others. A. Your Use of the
Service
1. Personal Responsibility.
You must post ads using your
real name and your real e-mail address. You are responsible for all statements
made or materials posted under your name, including liability for harm caused by
such statements or materials. You may not transfer, sell, or otherwise assign
your rights or obligations under this Agreement.
2. Posting Listings.
You or your group may post one advertisement for an item or service per day
in each of the three sections of the site. Thus, you are limited to a total of
three advertisements per day for each item or service. Multiple people posting
for the same item or service (i.e., business partners) will be considered a
group. Advertisements will remain on the Service for five days. Please proofread
your ads carefully, as we cannot delete an ad because it contains a mistake or
because an item has sold.
3. Categories.
You must post
advertisements only in categories that are relevant to the item or service that
you are advertising. We reserve the right (but do not assume the obligation) to
edit, reclassify, revise, or cancel any advertisement at any time. 4. Prohibited
Postings.
You are prohibited from posting material that: (i) contains
offensive, vulgar, profane, false, abusive, libelous, hateful, defamatory or
obscene language; (ii) contains fraudulent, deceptive, or misleading statements;
(iii) violates a copyright or trademark, or any other intellectual property
right of another; (iv) violates the privacy rights of any third party; or (v)
violates any municipal, state or federal law, rule, regulation or ordinance, or
attempts to encourage such violation. Use of the Service is limited to
individuals interested in buying, selling, and trading goods and services, and
is not intended for personal correspondence, discussions, or commentary. Please
click here to visit our free discussion forums. You are prohibited from posting
or otherwise making available content of the following types:
(a)
Adult-oriented material
(b) Advice or admonishments
(c) Affidavits
(d)
Airline tickets that restrict transfer
(e) Alcohol products
(f)
Alerts
(g) Animal parts
(h) Announcements
(i) Blood, bodily fluids, or
body parts
(j) Bulk email or mailing lists that contain names, addresses,
phone numbers, or other personal identifying information
(k) Burglary tools,
such as lock-picks or motor vehicle master keys
(l) Calendar items or events
(including classes and seminars)
(m) Calls for action
(n) Comments about
other ads or posters
(o) Controlled substances or illegal drugs, substances
and items used to manufacture controlled substances and drug
paraphernalia
(p) Counterfeit currency, coins and stamps, as well as
equipment designed to make them
(q) Counterfeit or knock-off brand name
goods
(r) Discussions
(s) Donation requests/solicitations
(t) Competing
Web sites
(u) Concert and event tickets
(v) Employment
(w)
Endorsements
(x) False identification cards, items with police insignia,
citizenship documents, or birth certificates
(y) File sharing / piracy
(z)
Fireworks, including "safe and sane" fireworks or any destructive devices or
explosives
(aa) Fundraisers
(bb) Gambling items, such as lottery tickets,
sports trading cards "grab bags," raffle tickets, sweepstakes entries, or slot
machines
(cc) Host families for exchange students
(dd) Illegal
telecommunications equipment, such as access cards, password sniffers, access
card programmers and unloopers, or cable descramblers
(ee) Material the
infringes copyright such as warez, bootlegs, etc.
(ff) Medical paraphernalia
(syringes, insulin pumps, catheters, etc.)
(gg) Medications of any kind
(including supplements)
(hh) Monetary requests
(ii) Non-packaged food
items or adulterated food
(jj) Notes that an item has sold
(kk) Other
sites with free classifieds
(ll) Personal correspondence
(mm) Personal
opinions or expressions
(nn) Pesticides or hazardous substances, or items
containing hazardous substances or material containing toxic substances without
a warning label
(oo) Pet ads not related to the buying and selling of pet
companions
(pp) Prescription medication
(qq) Replies to others ads or
posters
(rr) Restricted or regulated plants and insects, or live insects or
pests
(ss) Rescue facilities
(uu) Stolen property or personal property
with the serial number removed or altered
(vv) Thank-you notes
(ww)
Tobacco
(xx) Stories of personal experiences
(yy) Used bedding, unless
sanitized in accordance with law
(zz) Used or rebuilt batteries, or batteries
containing mercury
(aaa) Warnings
(bbb) Weapons and related items,
including firearms, disguised, undetectable or switchblade knives, martial arts
weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB
guns, tear gas or stun guns
(ccc) Web addresses or Web sites.
We
reserve the right to remove any Content posted on the Service and/or terminate
your access to the Service at any time for any reason.
5. Prohibited
Use.
You may not use the Service to harvest or otherwise collect names,
e-mail addresses or other identifying information from other participants.
6. Content License.
When you post messages, text, files, images,
photos, video, sounds, or other materials ("Content") on the Service, you are
representing that you are the owner of the material, or are making your
submission with the express consent of the owner. By submitting material to the
Service, you agree that we may reproduce, modify, and distribute such material
as we see fit in any medium and for any purpose. You also agree that we may
identify you as the author of any of your postings by name, email address or
screen name as we see appropriate.
B. Disclaimers
7.
Content.
Content posted on, transmitted through, or linked from the Service,
is the sole responsibility of the person from whom such Content originated. You
are entirely responsible for all Content that you post, email or otherwise make
available via the Service. Newport and this station do not control, and are not
responsible for, Content made available through the Service.
8. Third
Parties.
You understand that we are not involved in the actual transaction
between buyers and sellers. As a result, we have no control over the quality,
safety or legality of the items advertised, the truth or accuracy of the
listings, the ability of sellers to sell items or the ability of buyers to pay
for items. In addition, we cannot ensure that a buyer or seller will actually
complete a transaction. Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations
and/or individuals. You agree that this Web site shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that this Web site is under
no obligation to become involved. In the event that you have a dispute with one
or more other users, you hereby release this Web site, its parent and affiliates
and their directors, officers, managers, employees, shareholders, agents, and
licensors from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and/or our
service. If you are a California resident, you agree to waive California Civil
Code Section 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his
settlement with the debtor."
9. Use At Your Own Risk.
This Web site
does not pre-screen or approve Content, but this Web site reserves the right
(but not the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter or spirit of
the Agreement or for any other reason. We do not and cannot review every
posting, verify the accuracy of statements made by participants, or determine
whether the materials posted by participants violate the rights of others. WE
ARE NOT RESPONSIBLE FOR ANY STATEMENTS OR MATERIALS POSTED ON THIS SITE. Use
caution as scam artists may attempt to take advantage of users of the Service –
BUYER BEWARE.
C. Miscellaneous
10. No Agency.
You and
this station are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Service.
Interactive Service Additional Terms
You may
participate in the Interactive Service by reading and agreeing to the Terms of
Use Agreement and these Interactive Service Additional Terms, and by completing
the registration form where one is provided. If you do not agree to abide by the
Terms of Use Agreement and these Interactive Service Additional Terms, you may
not participate in the Interactive Service.
You agree that you will not:
• Deliver any unsolicited advertisement, promotional materials, junk
email, bulk email (also known as "spam"), chain letters, surveys or contests, or
solicit participation in any pyramid schemes (unless it is on a page that
explicitly states that such postings are allowed on that page).
•
Deliver any unlawful (according to local, state, federal, or international law
or regulation) postings to or through this Web site, or any postings which
advocate illegal activity.
• Deliver, or provide links to, any postings
containing material that could be considered harmful, obscene, pornographic,
indecent, lewd, violent, abusive, profane, insulting, threatening, harassing,
hateful or otherwise objectionable.
• Deliver, or provide links to, any
postings containing material that harasses, victimizes, degrades, or intimidates
an individual or group of individuals on the basis of religion, race, ethnicity,
sexual orientation, gender, age, or disability.
• Deliver, or provide
links to, any postings containing defamatory, false or libelous material.
• Deliver, or provide links to, any posting that infringes or violates
any intellectual property or other right of any entity or person, including,
without limitation, copyrights, patents, trademarks, laws governing trade
secrets, rights to privacy, or publicity.
• Deliver any posting to that
you do not have a right to make available under law or contractual or fiduciary
relationships.
• Impersonate another person or entity or falsely state
or otherwise misrepresent your affiliation with a person or entity, or adopt a
false identity if the purpose of doing so is to mislead, deceive, or defraud
another.
• Manipulate identifiers, including by forging headers, in
order to disguise the origin of any posting that you deliver.
• Use the
Interactive Service in any manner which could damage, disable, overburden, or
impair or otherwise interfere with the use of this Web site or other users'
computer equipment, or cause damage, disruption or limit the functioning of any
software, hardware, or telecommunications equipment, including by means of
uploading or transmitting to this Web site or Newport’s or this station’s
servers any computer viruses, Trojan horses, worms, or other disabling or
harmful software intended to damage, interfere with, intercept or monitor
surreptitiously, or take over another computer.
• Attempt to gain
unauthorized access to this Web site, any related website, other accounts,
computer system, or networks connected to this Web site, through hacking,
password mining, or any other means.
• Obtain or attempt to obtain any
materials or information through any means not intentionally made available
through this Web site, including harvesting or otherwise collecting information
about others, such as email addresses.
You are solely responsible and
liable for postings delivered to this Web site using your account. Any violation
of these provisions can subject your account to immediate termination and,
possibly, further legal action.
Newport and this station do not control
and are not responsible for any notes, messages, billboard postings, ideas,
suggestions, concepts or other material, or files delivered to this Web site by
you or other users. We are not obligated to and do not regularly review,
monitor, delete, or edit postings. However, we reserve the right to do so at any
time in our sole discretion, for any reason or no reason, and to delete or edit
any posting with or without notice. We are not responsible or liable for damages
of any kind arising from any postings even when we are advised of the
possibility of such damages, or from our alteration or deletion of any posting.
The information and opinions expressed in postings on this Web site are
not necessarily those of Newport, this station or its content providers,
advertisers, sponsors, affiliated or related entities, and we make no
representations or warranties regarding that information or those opinions. We
do not represent or guarantee the truthfulness, accuracy, or reliability of any
postings or determine whether the postings violate the rights of others. You
acknowledge that any reliance on material posted by other users will be at your
own risk.
Unless otherwise provided, all postings to this Web site
automatically become the property of Newport and this station without any
obligation of confidentiality. We shall be entitled to use the material for any
type of use forever including in any media whether now known or later devised.
If any court determines that we do not retain exclusive ownership of any
posting, then you hereby expressly grant to Newport and this station a
royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify,
publish, edit, translate, perform, transmit, sell, sublicense or otherwise
distribute and display the Posting for any reason, including for promotional and
advertising purposes, alone or as a part of other works in any form, medium or
technology now known or later developed, and you waive all moral rights in all
such postings.
Premium Service Additional Terms
You may register
for a Premium Service by reading and agreeing to the Terms of Use Agreement and
these Premium Service Additional Terms, and by completing the registration form.
If you do not agree to abide by the Terms of Use Agreement and these Premium
Service Additional Terms, you may not register for the Premium Service.
Member Account and Password
You are responsible for any
membership name and password that is associated with your account during
registration. If this Premium Service does not recognize your device from a
previous sign-in, you will be asked for information that will help us to
identify your registration. You are responsible for maintaining the
confidentiality of your password, if one is established. You are responsible for
any and all activities that occur under your account, and agree to notify us
immediately of any unauthorized use of your account.
Charges for
Premium Service
We will provide notice of any charges, or extra charges,
before you register for or enter a premium area. You are responsible for any
charges for premium content incurred by your account. We are not liable for any
loss that you may incur as a result of someone else using your password or
account, whether with or without your knowledge.
In the event that you
pay for a Premium Service by credit card, you authorize us to charge your credit
card account by registering for the service and providing us with your credit
card information. You warrant to us that the credit card information that you
provide us is correct and is your account.
Limited to Personal and
Non-Commercial Use
This Premium Service is for your personal and
non-commercial use only. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products obtained from this Premium
Service without our prior written consent. You may inquire about obtaining
written permission from us to display or reproduce material from this site by
writing:
Newport Television LLC
460 Nichols Rd., Suite 250
Kansas
City, Missouri 64112
By Facsimile:
By Email: IPPermission@NewportTV.com
Cancellation
You
may cancel your membership in this Premium Service at any time by contacting us
using the contact information provided on this Premium Service. In the event
that you have paid a fee to register on this site, we will return the unused
portion of your membership fee on a 52-week pro-rated basis within ninety (90)
days of your cancellation of your membership. We reserve the right to terminate
your access to this Premium Service or any portion thereof at any time, without
notice. Upon such termination, we shall return the unused pro-rata portion of
your membership fee on a 52-week pro-rated basis to you within ninety (90) days
of the termination of your access to this service.
Modification of
these Terms of Use
We may from time to time change the terms and
conditions governing this Premium Service. It is important that you regularly
review these terms and conditions to stay informed with regard to any changes in
the terms and conditions governing your use of this Premium Service. Your
continued use of this Premium Service constitutes your agreement to all such
terms and conditions.
Submissions
Unless otherwise stated, we
will not review or consider any unsolicited submissions to this Premium Service.
All submissions to this Premium Service become our property. No submission will
be subject to any reimbursement or other payment by us.
Service
Contact
You may email your requests for customer service through the
contact information provided on the home page of this Premium
Service.
Privacy Statement
This
statement informs you of Newport’s and this station's practices with respect to
the online collection, use, and disclosure of personal information from this Web
site. This Privacy Statement applies to personal information collected through
this Web site, but not to Newport or this station’s offline business activities.
Personal information is information that allows us to contact you (such
as email address, home address, or telephone number) or other information that,
when linked to your name or contact information, allows us to personalize your
visit to our site by providing you with information that suits your interests.
Newport and this station are the owners of this website and retain all ownership
rights to the information collected at this site. We reserve the right to
change, modify, add, or remove provisions of this Privacy Statement. Any changes
to this Privacy Statement will be posted here, and we encourage you to review it
periodically so that you are up to date on our most current policies and
practices.
Personalization
Although you may use many features
of this site without completing a registration or sign-up form, visitors who do
register and/or sign up for special services may have access to additional
features of the site and are more likely to receive information suited to their
interests. For example, a registered user is eligible for additional services
provided by this website such as listener clubs, interactive services such as
chat room or blogs, and personalized content. Our registration and special
services sign-up forms may ask you for contact information (like name or email
address) and demographic information (like zip code or age). You must provide
the information in order to receive the benefits of registration or of the
special service.
We may use the contact information you give us to
better tailor your Web site experience to your interests, and to send you
information about us and our services as well as promotional material on behalf
of some of our partners. We use other information that you provide to us to show
you content in which you may be interested and to display the content according
to your preferences. We will also share this information within the Newport
family in order to enhance your experience on this and other Newport Web sites.
In addition, we may share this information with advertisers or other
third parties that are not part of the Newport family on an aggregate or other
basis that does not disclose your identity or contact information.
Online Surveys/Contests
From time to time, we may conduct
online surveys and contests. These ask you for contact information (like name or
email address) and demographic information (like zip code or age). We may use
this contact information from our surveys and contests to provide you with
information about our company and promotional material on behalf of some of our
partners, and to contact you when necessary.
Supplemental
Information
To enhance our ability to tailor this site to your
preferences, we may combine information that you provide us on registration and
other online sign-up forms with other information about you that we may obtain.
We do not share that information with any other party.
Shopping/Commercial Services
This Web site may offer shopping
services, which may be offered by us or by a firm that operates a store under
contract with us. If our Web site offers shopping or other commercial services,
you will use a customer order form to request information, products, and
services. The order form will ask you to give us contact information (like name
or email address), financial information (like account or credit card numbers),
and demographic information (like zip code or age).
We will use the
financial information that you provide to bill you for products and services. By
giving us your credit card and related personal information, you are authorizing
our store to give that information to the merchant and credit card company in
order to confirm and fulfill your order.
We will use contact information
from the order form to fulfill your orders. We may also use contact data to get
in touch with you when necessary. We will not otherwise use or distribute your
financial information without your prior approval.
Public
Forums
This site may make available chat rooms, forums, message boards,
and news groups. Please remember that any information that you disclose in these
areas becomes public information and you should exercise caution when deciding
to disclose your personal information.
Information Sharing With Third
Parties
From time to time we may enter into a special relationship with
another company that is not owned by Newport to provide additional features at
this site. These special relationships may include "powered by" partners,
business partners, sponsors, and co-branded sites (referred to here as
"co-branded pages"). These might include, for example, pages that share our name
and that of another entity, such as TicketMaster. You should look for a specific
privacy statement on any such co-branded page. Any personal information that you
provide when signing up at one of those co-branded pages may be shared with our
third party partner. You should also check our partner’s website for information
regarding its privacy policies.
Also, the nature of some features of our
Web site may require that we share personal information about you with persons
or companies outside of the Newport family. For example, this may occur at a
feature that enables you to ask questions of persons or entities that are not
part of the Newport family. By responding to those features, whether by email or
direct entry of information on our Web site, you are consenting to our
transferring that information to such persons or entities.
With respect
to specific registration modules, like contests, we may disclose personal
information collected, and we will post a conspicuous statement on the
registration module to the effect that we will be disclosing the information
collected with third parties.
Finally, we may share any of the
information collected from you with these other non-Newport companies in an
aggregate basis. The aggregated information is not linked to any information
that can identify you.
IP Address and Log Files
We may use
your IP address to administer our Web site, to help diagnose problems with our
server, to analyze trends, to track users’ webpage movements, to help identify
you and your shopping cart, and to gather broad demographic information for
aggregate use.
Cookies
This Web site may use a standard
technology called a "cookie" to collect information about how you use the site.
Cookies reside on your computer and help our Web site to recognize your
computer's browser as a previous visitor. This information allows us to
customize delivery of information. For example, our Web site may use cookies to
save and remember registration information or preferences that you may have set
while browsing here previously, to keep track of your shopping cart, to ensure
you don't see the same ad content repeatedly, to deliver content specific to
your interests, and to save your password so you don't have to re-enter it each
time you visit our site. We use cookies only to gather information as indicated
in this policy. In addition, on occasion our site may also set a "session
cookie" which helps us administer the Web site. The session cookie expires when
you close your browser and does not retain any information about you after it
expires.
Finally, we may also use an ad network provider to help present
advertisements on this and other Newport Web sites. This ad network provider,
like other advertising service vendors, uses cookies, web beacons, or similar
technologies on the hard drive of your computer to serve you advertisements
tailored to interests you have shown by browsing on this and other sites you
have visited, and to determine whether you have seen a particular advertisement
before and to avoid sending you duplicate advertisements. In doing so, the
provider collects non-personal data such as your browser type, your operating
system, Web pages visited, time of visits, content viewed, ads viewed, and other
clickstream data. The use of cookies, web beacons, or similar technologies by
these ad network providers is subject to their own privacy policies, not ours.
If you do not want the benefits of these advertising cookies, you may opt-out by
visiting http://www.networkadvertising.org/optout_nonppii.asp.
However, if you do so you may not receive the full benefit from the use of our
site.
Banner Advertising
We license ad-server software from
another company to place banner advertising on our Web sites. All of the data
provided and generated by the ad-server software remains in our possession and
no data is transferred to the licensor of the software. This feature may, on
occasion, set "cookies" on your computer. Any information collected or stored by
the ad-service or the cookies is treated in the same manner as other information
as described in this statement.
Children’s Personal
Information
Consistent with the Children’s Online Privacy Protection
Act:
• This site does NOT collect, use, or disclose personal information
(including online contact information) of children under the age of 13.
• In the event that a child under the age of 13 attempts to register on
our site, we will NOT accept the registration and will delete information
received from the child.
• In the event that a child posts personal
information in a public forum such as a chat room, we will attempt to delete
that information once we become aware of it.
Your Choices
This
Web site provides you the opportunity to opt-out of receiving email
communications from us and our special relationship partners. To opt-out of
receiving email communications, you may:
• Modify your registered user
information on our Web site; or
• Send an email to Inergize Digital Media.
Please include the web address, call letters or station's name. (Please note
that this email address should only be used for specific technical issues
related to the website such as unsubscribing from a database. The recipients of
these emails will not be able, in general to answer concerns regarding on-air
programming, promotions or other non-web related issues.)
Access to
Personal Information
We give you the opportunity to modify or remove
personal information that you have provided to us. You may do so by modifying
your password-protected registered user information on our Web site.
Security of Your Personal Information
We employ security
measures, consistent with standard industry practice, for information collected
through this website. We believe that we have adequate security measures in
place in our physical facilities to protect against the loss, misuse, or
alteration of the information we collect on our website. We also use internal
protections to limit access to users' personal information to only those
employees who need the information to perform a specific job.
Sale or
Merger
If this site is sold to, or merges with, another company not
owned by Newport, you should expect that some or all of the information
collected from this website may be transferred to the buyer/surviving company.
If so, we will seek to obligate the acquiring company to use any personal
information transferred by this site in a manner consistent with this statement,
but cannot guarantee that it will be able to impose that requirement or that the
acquiring company will comply.
Legal Process
You should be
aware that we may be required to disclose your personal information to the
government or third parties under certain circumstances, such as in court or
regulatory proceedings.
|
Terms and Conditions 
