Terms and Conditions Terms and Conditions for LOCAL12.com
Welcome to the LOCAL12.com web site (the “Site”). The Site is owned by WKRC-TV (hereafter, the “Company”, “we” or “us”). These terms and conditions describe the terms upon which you may access and use the Site. By visiting the Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated by the Company from time to time without notice.
1. Grant of Rights. The Company grants you a limited, revocable, non-exclusive right to access and use the Site in accordance with these terms and conditions. You grant, and you represent and warrant that you have the right to grant, to the Company and its agents, affiliates and assigns, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, sublicenceable and transferable license to use, copy, perform, display, distribute, broadcast, modify, sell, syndicate, license, lease, assign, give or use in any way, in perpetuity, and in any and all media, now known or hereafter invented, Your Content (as defined in Section 3 below), and to prepare derivative works of Your Content. You shall not have any right of action against the Company or its agents, affiliates and assigns arising out of any use of Your Content.
2. Intellectual Property Rights. You acknowledge that the Company or its licensors own the copyright and all other intellectual property rights to the Site and all materials provided on the Site unless otherwise expressly indicated. All rights are reserved by the Company and its licensors, and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with the prior written permission of the Company, or as permitted by us in a separate written agreement. The LOCAL12.com mark is a trademark of the Company. Any other trademarks or service marks mentioned on the Site are the trademarks of their respective owners. References on the Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by the Company. Moreover, such third parties do not endorse, sponsor, and are not affiliated with the Company.
3. Content. You acknowledge that the Company does not control and is not responsible for data, information, content and communications (“Content”) made available on the Site by you or third parties, and that the Company will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of, or in connection with, any Content. You agree to be responsible for all video and audio and other content and communications that you make available on the Site in any form (“Your Content”). You affirm, represent and warrant that (a) you own or have the necessary licenses, rights, consents and permissions to enable inclusion and use of Your Content by the Company and agents, affiliates and assigns in accordance with these terms and conditions, and (b) you have the written consent, release, and/or permission of each and every identifiable person who is referenced or appears in Your Content to enable inclusion and use of Your Content by the Company and its agents, affiliates and assigns in accordance with these terms and conditions. The Company shall have the right, but not the obligation, to refuse or delete any Content in its sole and absolute discretion at any time.
4. Unacceptable Content. Without limitation, you agree that you will not submit any Content (a) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights; (b) that is harmful, threatening, harassing, defamatory, libelous, hateful, discriminatory, invasive to another’s privacy, or that impersonates a person, contains a personal attack or is otherwise unlawful; (c) that is sexual in nature, obscene or pornographic; (d) that is false or misleading; (e) that could constitute a criminal offense, give rise to civil liability or violate any federal, state or local law or regulation, or encourage the use of a controlled substance; (f) that contains profanities or expletives; (g) that is encrypted, or contains any viruses, Trojan horses or other computer programming routines or elements that are intended to cause damage or interference to the Site, or with another’s system or data; or (h) that is deemed unacceptable by the Company, in its sole and absolute discretion.
5. Unacceptable Use. Without limitation, you agree that you will use the Site solely for your personal, noncommercial use, and will not (a) delete or revise any Content submitted by another user; (b) use any automated device, spider, software routine or element that may interfere with the proper working of the Site; (c) create a disproportionately large usage load on the Site; (d) repeatedly submit the same or similar Content; (e) attempt to obtain unauthorized access to the Site; (f) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising any part of the Site; (g) use the Site to promote, engage or assist another in engaging in, acts that are fraudulent, abusive, deceptive, misleading or illegal; (h) contact any user who has asked not to be contacted; (i) collect personal data about other users for commercial or unlawful purposes; or (j) copy, reproduce, download, disseminate, publish, or transfer any Content other than Your Content.
6. Termination of Access. The Company has the right to terminate your access to the Site for any reason if we believe you have violated any of these terms and conditions. You agree that the Company will have no liability with regard to any such termination.
7. Limitations. The Company does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of any information on the Site. In addition, we have no duty to update the information contained on the Site, and we are not liable to you for outdated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THE SITE, INCLUDING THE INFORMATION CONTAINED ON THE SITE. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA OR MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Links to Other Web Sites. There may be links to other web sites at certain places on the Site, and we do not endorse, approve, certify or control any of those web sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.
9. Governing Law. Any dispute with respect to the Site shall be governed by the laws of the State of Maryland , excluding its conflicts of laws rules. All visitors to the Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland .
10. Indemnity. You agree to indemnify and hold the Company, and its agents, affiliates and assigns , including parent and subsidiary entities, and the owners, stockholders, directors, officers, employees, and agents of each of them, of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent which arise from, or are related to, Your Content, your use of the Site, or your violation of these terms and conditions.
11. No Effect on Agreements. Nothing on the Site shall be construed to add or modify terms to any existing or future agreements with the Company.
12. Privacy/Security. See our Privacy Policy.
13. Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on the Site.
14. Notification of Claims of Infringement/Violations. If you believe Content on the Site infringes your intellectual property rights, or is in violation of these terms and conditions, please contact us at LOCAL12.com 10706 Beaver Dam Road , Hunt Valley , Maryland 21030 . Please ensure that any claims of infringement contain the required information set forth in the Digital Millennium Copyright Act.
15. Age. You affirm that you are either 18 years of age or older, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the obligations of these terms and conditions, and to make the affirmations and representations contained herein, and to abide by these terms and conditions. In any case, you affirm that you are at least thirteen (13) years old, as the Site is not for children under the age of thirteen (13).
16. Assignment. These terms and conditions, and all rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by the Company without restriction.
17. Severability. You acknowledge and agree that if any provision of these terms and conditions is invalid or unenforceable to any extent, the remainder of these terms and conditions shall not be affected and shall be enforced to the greatest extent permitted by applicable law.
Privacy Policy
General The following privacy policy describes what information is collected by LOCAL12.com (the “Website”) and how that information is used. This privacy policy is effective as of February 7, 2007 and will remain in effect until such date as the policy may be modified by the Station in its sole and absolute discretion. Any such changes will be posted on the Website. Your use of the Website constitutes your agreement to the privacy policy as in effect at that time.
No Postings by Children The Website does not knowingly collect information from any individuals under the age of 13, and all children under the age of 13 are hereby notified that they are not permitted to post any information on the Website. If we become aware of any video submissions or postings by children under the age of 13, that video/posting will be removed by the Station. Parents and guardians should carefully monitor the use of the Website by children.
Information the Website Collects The personally identifying information the Website intentionally collects from users who submit video(s)/posting(s)/email(s) to the Website are those users' names, addresses, telephone numbers, e-mail addresses, age/date of birth and gender. Addition personal information may unintentionally be collected if such information is provided in submitted video(s)/posting(s)/email(s). Personal information included in a video(s)/posting(s) is by its nature available to the general public and no such information should be posted by any user who desires to keep it private. The Station is not responsible for any use which may be made of such information by any third party. Like most major websites, the Website uses "cookies." A "cookie" is a small piece of text that a web server stores on your computer in order to make your experience better upon return visits to that website. The Website uses cookies to aggregate information about our users to allow us to see how our visitors navigate the site in order to make improvements in the site's design. Cookies are not a program and do not allow us to access any information on your computer other than the information that we initially placed there. In addition, we have web logs which collect standard information each time we serve a page on the Website. The web logs provide us with information on our users Internet protocol addresses, the pages of the Website visited and a date and time stamp. This information allows us to administer the website and identify how it is being used.
Maintenance of Information All videos/postings/emails on the Website may be stored in our database even after the videos/postings/emails have been deleted from public display. In addition, our web logs may be stored indefinitely. Although we use customary practices to store all information received from our users in a secure operating environment that is not available to general public, no guarantee can be provided that such information might not become available to persons outside of the Station.
Disclosure of Information All personal information collected by this Website may be disclosed as required by law, by the rules of any governmental agency of if the Station otherwise becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process). The Station may also disclose such information as it deems necessary to enforce its rights and to avoid the violation of any party's rights (including intellectual property rights, rights to privacy and rights not to be defamed in any way). Information may also be disclosed by the Station to law enforcement officers or others if the Station determines, in good faith, that such disclosure is necessary to protect the rights and safety of the Station's employees, users and/or the public at large.
Linked Sites The Website allows certain advertisements/postings which include links to other sites. The Station has no control over such other sites and is not responsible for any content on such linked sites or for the use by such other sites of any information collected by those sites.
Copyright Notices Policy Relating to the Digital Millennium Copyright Act of 1998
Pursuant to the Digital Millennium Copyright Act of 1998, we have adopted a policy pursuant to which parties can file complaints with us regarding allegations of copyright infringement by material placed on our website by third parties. For a summary of the Act go to http://www.copyright.gov/legislation/dmca.pdf. Our policy also includes guidelines under which such material will be removed from our website or access to such material blocked from our website. In addition, the policy provides for the ability of the party who placed the material to file a response to complaints, as well as for the termination of repeat offenders. A description of the policy is set forth below.
Copyright Infringement Notification If you would like to file a copyright infringement notification with us, you must send a written communication to us that includes the following items: The signature (either physical or electronic) of a person authorized to act on behalf of the owner of the copyrighted work claimed to have been infringed. 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 on that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (such as the URL where the material is located). Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail. 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. You should be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability pursuant to Section 512)f) of the Digital Millennium Copyright Act. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your written notification should be sent to our designated agent as follows:
DMCA Complaints Corporate Web Department Sinclair Broadcast Group 10706 Beaver Dam Road Hunt Valley, MD 21020 Fax: 410-568-1691 Email: webmaster@sbgi.net
Upon receipt of your copyright infringement notification, we will advise the party who placed the allegedly infringing material on our site of the notification. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material infringing will be liable for any resulting damages. Accordingly, if you are not sure whether material on our website infringes your copyrights, we suggest that you first contact an attorney.
Counter-Notification Upon receipt of a copyright infringement notification, we will promptly advise the party who has placed the material which is the subject of the notification of this fact and that their material has been removed from the site or access to the material has been blocked. A party who has placed material on our website about which a copyright infringement notification has been filed has the right to file a counter-notification with us in accordance with Section 512(g) of the Digital Millennium Copyright Act.
If you would like to file a copyright infringement notification with us, you must send a written communication to us that includes the following items: i. The signature (either physical or electronic) of a person authorized to act on behalf of the party which placed the material. ii. Your full name, address, telephone number, and email address, and the username of your account on our website (when applicable). iii The identity of the specific URLs of material that our website has removed or to which our website has disabled access. iv. A statement consenting to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hunt Valley, Maryland if your address is outside of the United States), and that you will accept service of process from the person who provided us with the copyright infringement notification or their agent. v. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your written notification should be sent to our designated agent as follows:
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification will be liable for any resulting damages. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Upon receipt of your counter-notification, we will forward a copy of it to the party who submitted the original notification alleging copyright infringement. Please note that by submitting a counter-notification, you consent to having your personal information revealed to the party who filed the original notification. If the party who filed the original copyright infringement notification notifies us within ten (10) days of our receipt of your counter-notification that he or she has filed an action seeking a court order against you with respect to the subject matter of the copyright infringement notification, we are not permitted to restore the material to our website. If we do not receive such notice, we may reinstate the material.
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