This Agreement sets forth the terms and conditions which apply to your use of the WFLA-TV Online Website ("WFLA-TV WEBSITE") and any other product or service offered for sale by Media General Broadcasting Group ("WFLA and Media-General") through the WFLA-TV WEBSITE. The right to use the WFLA-TV WEBSITE and any other product or service offered by WFLA and Media-General through the WFLA-TV WEBSITE is personal to you and is not transferable to any other person or entity.
1. Definitions. The "Service" is the personalized online news, information, shopping and interactive service operated by WFLA and Media-General on the World Wide Web of the Internet accessible through the WFLA-TV WEBSITE. "Guest" means each person who registers to use any of the products or services, or features thereof, of the Service for which registration is required or requested.
2. General. WFLA and Media-General shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, registration requirements and equipment needed for access or use.
3. Changed Terms. WFLA and Media-General shall have the right at any time to impose, change, or modify its other terms and conditions applicable to use of the Service, or any part thereof, or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any reasonable means including, but not limited to, posting on the Service a revised version of this Agreement and notification by electronic or conventional mail. Any use of the Service by the Guest after such notice (other than to terminate the Guest's membership pursuant to Section 9 hereof) shall conclusively be deemed to constitute acceptance by the Guest of such changes, modifications, additions, or deletions. The Guest agrees to review the terms and conditions periodically to be aware of such revisions.
4. Guest Conduct.
(A) The Service shall be used for lawful purposes only. No material shall be posted on or transmitted which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in WFLA and Media-General's judgment, restricts or inhibits any other user from using or enjoying the Service. Advertising or commercial solicitation may not be posted on or transmitted through the Service by Guests.
(B) The Service contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. WFLA and Media-General owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. No Guest may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Service will be permitted without the express-written permission of WFLA and Media-General and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Each Guest acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.
(C) No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available by the Guest on the Service without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Guest. The Guest shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.
(D) Each Guest hereby grants to WFLA and Media-General a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Service (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
(E) Each Guest shall provide WFLA and Media-General with accurate, complete and updated information as to his or her name and e-mail address provided by Guest at registration.
(F) No Guest may (i) select or use a Guest name or e-mail address of another person with the intent to impersonate that person; (ii) use a Guest name or e-mail address subject to the rights of any person other than the Guest without authorization; (iii) use a Guest name in violation of the intellectual property rights of any person; or (iv) use a Guest name that WFLA and Media-General, in its sole discretion, deems offensive.
(G) The foregoing provisions of this Section 4 are for the benefit of WFLA and Media-General, its affiliates, and third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
5. Third-Party Content. The Service contains content supplied by parties other than WFLA and Media-General. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and Guests, are those of the respective author(s) or distributor(s) and not of WFLA and Media-General. Neither WFLA and Media-General nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or Guest, and not of WFLA and Media-General.
6. Disclaimer of Warranty; Limitation of Liability.
(A) EACH GUEST EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. NEITHER WFLA and Media-General, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, [OR MERCHANDISE] PROVIDED THROUGH THE SERVICE.
(B) THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT WFLA and Media-General IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING GUESTS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH GUEST.
(D) IN NO EVENT WILL WFLA and Media-General OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
(E) WFLA and Media-General NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE. UNDER NO CIRCUMSTANCES WILL WFLA and Media-General BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A GUEST'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE. IT IS THE RESPONSIBILITY OF EACH GUEST TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
(F) WFLA and Media-General DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY GUEST AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH GUEST SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(G) EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL WFLA and Media-General, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH GUEST OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.
7. Monitoring. WFLA and Media-General shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by WFLA and Media-General. WFLA and Media-General shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, WFLA and Media-General shall have the right to remove any material that WFLA and Media-General, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of WFLA and Media-General, Guests shall remain solely responsible for the content of their messages. Each Guest acknowledges and agrees that neither WFLA and Media-General nor any third party content provider shall assume or have any liability for any action or inaction by WFLA and Media-General or any third party content provider with respect to any conduct, communication or posting on the Service.
8. Indemnification. Each Guest agrees to defend, indemnify, and hold harmless WFLA and Media-General, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by such Guest.
9. Termination. Either WFLA and Media-General or Guest may terminate this Agreement at any time. Guest's only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, (ii) any policy or practice of WFLA and Media-General in operating the Service, or (iii) any content available through the Service or any change therein, is to terminate this Agreement by sending a written notice by e-mail to endmembership@mail.wfla.com. Without limiting the foregoing, WFLA and Media-General shall have the right to immediately terminate this Agreement with respect to any Guest in the event of any conduct by Guest which WFLA and Media-General, in its sole discretion, considers to be unacceptable, or in the event of any breach by Guest of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and this, Section 9, shall survive termination of this Agreement.
10. Trademarks. Trademarks are registered trademarks of WFLA and Media-General. All rights reserved. All other trademarks appearing on the Service are the property of their respective owners, including, in some instances, WFLA and Media-General.
11. Equipment. Each Guest shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Service, and Guests shall be responsible for all charges related thereto.
12. Privacy. See WFLA and Media-General Privacy Policy.
13. Miscellaneous. This Agreement and any operating rules for the Service established by WFLA and Media-General constitute the entire agreement of the parties with respect to the subject matter hereof, and supercede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Chat User Guidelines
Media General Broadcasting Group (“WFLA and Media-General”) has created some guidelines (the “Guidelines”) to help all of our visitors understand what is acceptable and what is not acceptable in our chat room so that WFLA and Media-General may provide a positive environment for everyone to enjoy.
Guidelines: The chat room is a private service provided by WFLA and Media-General and is subject to the Guidelines and other rules that may be established by WFLA and Media-General from time to time. WFLA and Media-General’s chat room is currently provided as a free service to any member who agrees to abide by the terms and conditions of the Guidelines, but WFLA and Media-General reserves the right to alter this relationship at any time, subject to notice. ENTERING WFLA and Media-General’S CHAT ROOM WILL CONSTITUTE ACCEPTANCE OF THE GUIDELINES. VISITORS WHO VIOLATE THE GUIDELINES MAY BE BANNED PERMANENTLY FROM USING WFLA and Media-General’S CHAT ROOM.
The following Guidelines apply while using WFLA and Media-General’s chat room:
1.Pornographic, obscene, violent, and other inappropriate messages are prohibited.
2.Posting advertising, promotional materials or other forms of solicitation are prohibited.
3.Harassment of another visitor in WFLA and Media-General’s chat room is prohibited.
4.Visitors may not disrupt a chat by repeatedly posting the same message or posting excessively long messages.
5.Offensive and indecent screen names are not allowed and will be blocked.
6.Impersonating others, including without limitation, on-air guest an personalities, any employee of WFLA and Media-General, a chat room host or another chat room visitor is prohibited and such false screen names may be blocked by WFLA and Media-General.
7.WFLA and Media-General is not responsible for the content posted by any visitors and WFLA and Media-General may remove any content that is in violation of the Guidelines. Each visitor will be held liable to the fullest extent of the law for his or her content and for all activities conducted through any screen names registered to such visitor’s e-mail address.
8.WFLA and Media-General may from time to time elect in its sole discretion whether or not to monitor some or all of its chat room to ensure that the Guidelines or other rules that it may publish from time to time are enforced. Visitors to WFLA and Media-General’s chat room acknowledge that WFLA and Media-General may not monitor any part of its chat room and that by providing the ability to distribute content WFLA and Media-General is acting in a merely passive capacity for such distribution. Accordingly, WFLA and Media-General does not undertake any obligation or liability relating to any content or activities in its chat room.
9.WFLA and Media-General shall have the right to edit and alter any visitor’s message prior to posting such message in the chat room and to use any messages (whether or not edited or altered by WFLA and Media-General) posted by a visitor to WFLA and Media-General’s chat room in all media (whether now known or hereinafter developed), in perpetuity, without payment of any kind whatsoever to such visitor.
10.To the full extent permissible under applicable law, WFLA and Media-General shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from any visitor’s use or inability to use WFLA and Media-General’s chat room.
11.It is WFLA and Media-General’s policy to respect the privacy of visitors to its chat room. However, WFLA and Media-General reserves the right to edit or disclose the contents of private communications to law enforcement authorities, if in WFLA and Media-General’s sole opinion such action is necessary to: (i) conform to any applicable law, rules or regulations or comply with legal process served on WFLA and Media-General, (ii) protect and defend the rights or property of WFLA and Media-General, or (iii) protect the personal safety of visitors to WFLA and Media-General’s chat room.
12.All visitors expressly agree that use of WFLA and Media-General’s chat room is at each visitor’s own risk. WFLA and Media-General expressly disclaims all warranties of any kind, whether express or implied. WFLA and Media-General makes no warranty that it will meet visitors’ requirements, or that WFLA and Media-General’s chat room will be uninterrupted, timely, secure, or error free, or as to the accuracy or reliability of any information obtained through us.
WFLA and Media-General RESERVES THE RIGHT TO RESTRICT CHAT ROOM ACCESS TO ANY VISITOR FOR ANY REASON OR NO REASON AT ALL.
