Updated: Thursday, 11 Dec 2008, 10:41 AM MST
Published : Thursday, 11 Dec 2008, 10:06 AM MST
General
The KRQE.com website (the "Site") is owned and operated by
KASA.com ("we" or "us"). By using this Site, you agree to be bound
by these Terms and Conditions and to use the Site in accordance
with these Terms and Conditions, our Privacy Policy, and any
additional terms and conditions that may apply to specific sections
of the Site or to products and services available through the Site.
Accessing the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your agreement to be bound by these
Terms and Conditions. We reserve the right to change these Terms
and Conditions or to impose new conditions on use of the Site, from
time to time, in which case we will post the revised Terms and
Conditions on this website. By continuing to use the Site after we
post any such changes, you accept the Terms and Conditions, as
modified.
Intellectual Property Rights
This Site and all the materials available on the Site are
the property of us and/or our affiliates or licensors, and are
protected by copyright, trademark, and other intellectual property
laws. The Site is provided solely for your personal noncommercial
use. You may not use the Site or the materials available on the
Site in a manner that constitutes an infringement of our rights or
that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms and Conditions or by the owner
of the materials, you may not modify, copy, reproduce, republish,
upload, post, transmit, translate, sell, create derivative works,
exploit, or distribute in any manner or medium (including by email
or other electronic means) any material from the Site.
By posting or submitting any material (including, without
limitation, photos and videos) to us via the Site, you are
representing: (i) that you are the owner of the material, or are
making your posting or submission with the express consent of the
owner of the material; and (ii) that you are thirteen years of age
or older. In addition, when you submit or post any material, you
are granting us, and anyone authorized by us, a royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to use, copy, modify, transmit, sell, exploit, create
derivative works from, distribute, and/or publicly perform or
display such material, in whole or in part, in any manner or
medium, now known or hereafter developed, for any purpose. The
foregoing grant shall include the right to exploit any proprietary
rights in such posting or submission, including, but not limited
to, rights under copyright, trademark, service mark or patent laws
under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your postings or
submissions by name, email address or screen name, as we deem
appropriate.
Indemnity
You agree to defend, indemnify and hold harmless us, our
parents and affiliates together with their respective employees,
agents, directors, officers, shareholders and service providers,
from and against all liabilities, claims, damages and expenses
(including reasonably attorneys fees and costs) arising out of your
use of the Site; your failure to use the Site; your breach or
alleged breach of these Terms and Conditions or your breach or
alleged breach of the copyright, trademark, proprietary or other
rights of third parties.
Copyright Infringement
If you are a copyright owner who believes your copyrighted
material has been reproduced, posted or distributed via the Site in
a manner that constitutes copyright infringement, please inform our
designated copyright agent by sending written notice by U.S. Mail
to LIN Television Corporation, Attn: General Counsel, 4 Richmond
Square, Suite 200, Providence, Rhode Island 02906, or by email to
legalnotices@lintv.com. Please include the following information in
your written notice: (1) a detailed description of the copyrighted
work that is allegedly infringed upon; (2) a description of the
location of the allegedly infringing material on the Site; (3) your
contact information, including your address, telephone number, and,
if available, email address; (4) a statement by you indicating that
you have a good-faith belief that the allegedly infringing use is
not authorized by the copyright owner, its agent, or the law; (5) a
statement by you, made under penalty of perjury, affirming that the
information in your notice is accurate and that you are authorized
to act on the copyright owner's behalf; and (6) an electronic or
physical signature of the copyright owner or someone authorized on
the owner's behalf to assert infringement of copyright and to
submit the statement. Please note that the contact information
provided in this paragraph is for suspected copyright infringement
only. Contact information for other matters is provided elsewhere
in these Terms and Conditions or on the Site.
Disclaimer of Liability and Warranties
Throughout the Site, we have provided links and pointers to
Internet sites maintained by third parties. Our linking to such
third-party sites does not imply an endorsement or sponsorship of
such sites, or the information, products or services offered on or
through the sites. In addition, neither we nor our parent or
subsidiary companies nor any of our respective affiliates or
service providers operate or control in any respect any
information, products or services that third parties may provide on
or through the Site or on websites linked to by us on the Site. THE
INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE
AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN
BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE
OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware
and/or software necessary to access the Site. You assume the entire
cost of and responsibility for any damage to, and all necessary
maintenance, repair or correction of, that hardware and/or
software. The Site should not be used to engage in (or conduct) any
high risk activities where damage or injury to persons, property,
environment, finances or business may result if an error occurs.
You expressly assume all risk for such use.
Online Commerce
Certain sections of the Site may allow you to purchase many
different types of products and services online that are provided
by third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and
services. If you make a purchase from a merchant on the Site or on
a site linked to by the Site, the information obtained during your
visit to that merchant's online store or site, and the information
that you give as part of the transaction, such as your credit card
number and contact information, may be collected by both the
merchant and us. A merchant may have privacy and data collection
practices that are different from ours. We have no responsibility
or liability for these independent policies. In addition, when you
purchase products or services on or through the Site, you may be
subject to additional terms and conditions that specifically apply
to your purchase or use of such products or services. For more
information regarding a merchant, its online store, its privacy
policies, and/or any additional terms and conditions that may
apply, visit that merchant's website and click on its information
links or contact the merchant directly. You release us and our
affiliates from any damages that you incur, and agree not to assert
any claims against us or them, arising from your purchase or use of
any products or services made available by third parties through
the Site.
You agree to be financially responsible for all purchases
made by you or someone acting on your behalf through the Site. You
agree to use the Site and to purchase services or products through
the Site for legitimate, non-commercial purposes only. You also
agree not to make any purchases for speculative, false or
fraudulent purposes or for the purpose of anticipating demand for a
particular product or service. You agree to only purchase goods or
services for yourself or for another person for whom you are
legally permitted to do so. When making a purchase for a third
party that requires you to submit the third party's personal
information to us or a merchant, you represent that you have
obtained the express consent of such third party to provide such
third party's personal information.
Prohibited Content and/or Activity
This Site may include a variety of features, such as
bulletin boards, commenting forums, blogging areas, polling, web
logs, chat rooms, and email services, which allow feedback to us
and real-time interaction between users, and other features, such
as personalized home pages and email services, which allow users to
communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms, and other public posting
areas on the Site, or sent via any email services on the Site, lies
with each user - you alone are responsible for the material you
post or send. We do not control the messages, information or files
that you or others may provide through the Site. It is a condition
of your use of the Site that you do not:
You understand that we have no obligation to monitor any
bulletin boards, commenting forums, blogging areas, polling, chat
rooms, web logs, or other areas of the Site through which users can
supply information or material. However, we reserve the right at
all times to disclose any information we believe necessary to
satisfy any law, regulation or governmental request, or to refuse
to post or to remove any information or materials, in whole or in
part, that in our sole discretion are objectionable or in violation
of these Terms and Conditions. We also reserve the right to deny
access to the Site or any features of the Site to anyone who
violates these Terms and Conditions or who, in our sole judgment,
interferes with the ability of others to enjoy the Site or
infringes the rights of others or for any other reason to be
determined in our sole discretion.
Registration
To access certain features of the Site, we may ask you to
provide certain demographic information including but not limited
to, your gender, year of birth, address, zip code and areas of
interest. In addition, if you elect to sign-up for a particular
feature of the Site, such as blogging areas, commenting forums,
polling, chat rooms, web logs, or bulletin boards, you may also be
asked to register with us on the form provided and such
registration may require you to provide personally identifiable
information such as your name and email address. You agree to
provide true, accurate, current and complete information about
yourself as prompted by the Site's registration form. If we have
reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use
of the Site (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the
registration process is governed by the terms of our Privacy
Policy.
Passwords
To use certain features of the Site, you may need a username
and password, which you will receive through the Site's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are responsible
for all activities (whether by you or by others) that occur under
your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end
of each session. We cannot and will not be liable for any loss or
damage arising from your failure to protect your password or
account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES,
AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR
SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT
COMPANIES, AFFILIATES OR SERVICE PROVIDERS IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR
WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination
We may cancel or terminate your right to use the Site or any
part of the Site at any time without notice. In the event of
cancellation or termination, you are no longer authorized to access
the part of the Site affected by such cancellation or termination.
The restrictions imposed on you with respect to material downloaded
from the Site, and the disclaimers and limitations of liabilities
set forth in these Terms and Conditions, shall survive.
Other
This agreement constitutes the entire agreement between us
and you with respect to the subject matter contained in this
agreement and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral. You also
may be subject to additional terms and conditions that may apply
when you use the products or services of a third party that are
provided through the Site. In the event of any conflict between any
such third-party terms and conditions and these Terms and
Conditions, these Terms and Conditions shall govern. This agreement
shall be governed by and construed in accordance with the laws of
the State of New York without giving effect to any principles of
conflicts of law. If any provision of this agreement shall be
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions.
Effective October 16, 2008