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.
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
Site’s 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 party’s 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.
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 webmaster@kgw.com
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 person’s 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 user’s 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.
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.
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.
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:
Jim Parker,
Site Manager,
webmaster@kgw.com