Terms of ServiceWBNS-10TV and the Ohio News Network provide a variety of online services, from news and weather information to entertainment and electronic commerce, subject to your acceptance and compliance with the following terms and conditions.As the web is an evolving medium, these terms may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Web site after the posting of changes to these terms will signify your acceptance of these changes. 10TV or ONN may immediately terminate any individual's use of the Web site and/or such user's password(s) or account(s) in the event user violates these terms or engages in conduct that 10TV and ONN, in their sole discretion, consider unacceptable. Such removal or termination may occur without notice to the user. COPYRIGHT INFORMATION© Copyright 2008, WBNS-TV, Inc. Unless otherwise noted, 10TV and ONN own all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of their Web sites. To encourage a free and continuous flow of information, you are permitted (which may be revoked at any time) to download the material for private, non-commercial use only, without alterations, so long as the copyright notice — © Copyright 2008, WBNS-TV, Inc. — is included. By downloading material from the Web site, you agree that you do not acquire any ownership rights. If you consider any material appearing on the Web site to be infringing and would like to report it, please send an e-mail to viewerservices@10tv.com TRADEMARK NOTICETrademarks, service marks and logos used on these Web sites are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Web site without the prior written consent of the owner of the mark. CODE OF CONDUCTYou agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Web site:
You agree to indemnify, defend and hold the Dispatch Broadcast Group harmless from and against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, (b)your violation of the Code of Conduct above, and/or (c) your activities in connection with the Web sites or site-related services. By using the Web sites you are indicating that you agree to be bound by these terms. If you do not agree to the terms, please do not enter the Web site. If you are not yet 18 years old, a parent or guardian may agree to be bound by the terms on your behalf. SUBMISSIONSYou may submit any text, images, data, or other materials ("content") to the Web sites. In so doing, you acknowledge and agree that you grant to 10TV and ONN a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
Further, by submitting Content to the Web site, you acknowledge that you have the authority to grant such rights to 10TV and ONN, and acknowledge that the burden of determining whether any content posted or transmitted to the Web sites by you is protected by copyright rests solely with you. The Dispatch Broadcast Group, its subsidiaries and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf. CONTESTS, SWEEPSTAKES, AND PROMOTIONSYou acknowledge that if and when 10TV or ONN holds contests, sweepstakes, or promotions, or third parties sponsor a promotion in conjunction with 10TV or ONN, official rules and/or registration will be posted for that promotion and will govern that promotion. PRIVACYPersonal information that Web site users provide in connection with registration, purchases, contests or other usages of the Web sites or site-related services are collected by 10TV and ONN Any such information will be treated as described in our Privacy Policy. USE OF SECURE AREA AND PASSWORDSome areas of the Web sites are accessible via registration and passwords. You may not distribute your password to others. You are responsible for all uses of your password and any and all damages to 10TV and ONN resulting from the distribution of your password, whether or not authorized by you. CONTENT MONITORINGYou acknowledge and agree that 10TV and ONN have the right, but not the responsibility, to monitor the Web sites and site-related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Web sites properly, to protect themselves, their sponsors and customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that 10TV and ONN deem to be an emergency. 10TV and ONN reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this agreement, in the sole determination of 10TV and ONN. WARRANTY INFORMATIONTHE WEB SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITES, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY 10TV AND ONN. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITES AND SITE-RELATED SERVICES. NEITHER 10TV AND ONN NOR THEIR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT 10TV AND ONN ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Although 10TV and ONN attempt to ensure the integrity of the Web sites, a possibility exists that the Web sites could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Web site. 10TV and ONN make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform 10TV and ONN at viewerservices@10tv.com so that it can be corrected. In some instances, the content available through the Web sites represents the opinions and judgments of the respective information provider, Web site user or member, or other user not under contract with 10TV or ONN. 10TV and ONN neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Web sites by anyone other than authorized 10TV and ONN employee spokespersons while acting in their official capacities. Under no circumstances will 10TV and ONN be liable for any loss or damage caused by your reliance on information obtained through the Web sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web sites. LINKS TO OTHER WEB SITES AND SERVICESTo the extent the Web sites contain links to outside services and resources ("Linked Sites"), 10TV and ONN neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You are encouraged to review any privacy policy or terms of service posted on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with 10TV and ONN and their sponsors. PARENTAL CONTROL PROVISIONSPursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org. VOID WHERE PROHIBITEDAlthough the Web sites are accessible worldwide, not all products or services discussed or referenced in or on the Web sites are available to all persons or in all geographic locations or jurisdictions. 10TV and ONN reserve the right to limit the availability of the Web sites and/or the provision of any product or service to any person, geographic area or jurisdiction they so desire, in our sole discretion, and to limit the quantities of any such product or service that they provide. Any offer for any product or service made in the Web sites is void where prohibited. MISCELLANEOUSThis Agreement is entered into in the State of Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its choice of law rules. Each party to these terms hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Franklin in the State of Ohio, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these terms, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of these terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable. These terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. 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. Any heading, caption, or paragraph title contained in these terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. 10TV and ONN may at any time change the Web sites, including eliminating or discontinuing any content or feature of the Web sites, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Web site, or by electronic mail, or by conventional mail. Your use of the Web sites after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. |
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