WHATÕS GOOD IN THE NEIGHBORHOOD AND ITS PARTNERS LEGAL TERMS FOR WEBSITE USAGE
This WGITN Legal Terms for Web Channel Usage Agreement was last updated on
February 18, 2009 and is effective immediately.
This Legal Terms for Web Channel Usage Agreement does not cover the ÒAsk the
ExpertsÓ advertising feature or ÒMy CaptureÓ service for user generated content
on this Web Channel. Please see the separate terms of use agreement for these
services on the Ask the Experts and My Capture homepages.
WHATÕS GOOD IN THE NEIGHBORHOOD AND ITS PARTNERS LEGAL TERMS FOR WEB CHANNEL
USAGE AGREEMENT
WhatÕs Good In The Neighborhood and its Partners ("WGITN"), provides
this Legal Terms for Web Channel Usage agreement (the ÒAgreementÓ) to you,
which governs your use of websites (commonly called ÒWeb ChannelsÓ by WGITN)
for WGITN which is owned and operated by WGITN (the "Service")
subject to the following terms, conditions, policies and notices contained or
referenced herein. This Agreement applies to all uses of the Service,
including, but not limited to, posting of information to a user-created web
page or comments to a blog, submission or posting of any user generated content
(UGC), participating in blogs, chat rooms or in threaded discussions, or using
e-mail or other features offered on the Service. The Service is offered to you
conditioned on your acceptance without modification of the terms, conditions
and notices contained in this Agreement. Your use of the Service constitutes
your binding consent to all such terms, conditions and notices. If you do not
agree to be bound by this Agreement, please do not use the Service.
The Service may provide rules of participation (ÒRules of ParticipationÓ) for
certain activities and services including, but not without limitation,
contests, sweepstakes, email and other interactive features and services. This
Agreement will remain in full force and effect as long as you are a user of the
Service and in the event of termination of any membership, service or feature,
you will still be bound by your obligations under this Agreement or Rules of
Participation, including any indemnifications, warranties, and limitations of
liability. The ServiceÕs Privacy Policy, any Rules of Participation, and WGITNÕs Copyright Policy are hereby incorporated in this
Agreement by reference. To the extent that there is a conflict between this
Agreement and the specific Rules of Participation for the activity in which you
choose to participate, this Agreement shall govern.
Please read this Agreement carefully. This Agreement may change from time to
time without advance notice to you, so please check back often. Such revisions
are effective to you as a user of this Service immediately upon posting. If you
have any questions or comments regarding this Agreement, or use of a userÕs
personal information, please contact us by sending an e-mail message to mneiswanger@fifth-gear.net
1. Copyright Rights: Except for content provided by users (ÒUser Generated
ContentÓ), all copyright rights in the text, images, photographs, graphics,
user interface, audio and/or video content and any other content provided on
the Service by WGITN or its third-party licensors and operational service
providers, including the selection, coordination, and arrangement of such
content (collectively, ÒWGITN ContentÓ), are owned by WGITN, its third-party
licensors or Operational Service Providers, to the full extent provided under
the United States Copyright Act and all international copyright laws. Under
applicable copyright laws, you are prohibited from copying, reproducing, modifying,
distributing, displaying, performing or transmitting any WGITN Content for any
purposes. Nothing stated or implied on the Service confers on you any license
or right under any copyright of WGITN or any third party. The Service and the WGITN
Content contained in reference herein are for informational purposes only. Any
reproduction, copying, or redistribution for commercial purposes of any WGITN
Content or any individual design elements of the Service is strictly
prohibited, without the prior written consent of WGITN. Requests for permission
to reproduce any WGITN Content contained on this Service should be addressed to
the contact person below.
If you have any questions or comments about this Agreement or our use of
personal information, you may send an e-mail to mneiswanger@fifth-gear.netor
send a letter to the following address:
WhatÕs Good In The Neighborhood
Attn: Michael Neiswanger
1040 West Main Street
Suite 200
Dothan, AL 36301
Notwithstanding the above, WGITN authorizes you to make one (1) electronic or
paper copy of the information posted on any page of the Service, provided that
the copy is used solely for non-commercial, personal purposes, and further
provided that any such copy remains protected by all copyright, trademarks,
service marks, and other proprietary notices and legends contained on the
Service. Systematic retrieval of data or other content from this Service to
create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from WGITN is prohibited.
While this section concerns copyrights held by WGITN and its third-party
licensors, you must accept as a condition of using the Service that you may not
submit, transmit, distribute, post, communicate or store ("post")
copyrightable information to the Service without either (i)
being the copyright owner or (ii) having the express consent of the copyright
owner. Please see the ÒPosting of Information in Public AreasÓ section below
for more information.
2. Notice of Copyright Infringement: If you believe that your work has been
posted by a user or another third party and is accessible on this Service in a
way that constitutes copyright infringement, you must following the DMCA
Designated Agent notification instructions in our Copyright Policy.
3. Trade and Service Mark Rights: All rights in the product names, company
names, trade names, logos, product packaging and designs of all WGITN Content
or third-party products or services, whether or not appearing in large print or
with the trademark symbol, belong exclusively to WGITN or their respective
owners, and are protected from reproduction, imitation, dilution or confusing
or misleading uses under national and international trademark and copyright
laws. The use or misuse of these trademarks or any materials, except as
permitted herein, is expressly prohibited and nothing stated or implied on this
Service confers on you any license or right under any patent or trademark of WGITN
or any third party.
4. Privacy Policy: You agree and consent to the terms of the WGITN Online
Privacy Policy, a copy of which you should review by clicking on Privacy Policy
at the bottom of this page.
5. Modification of This Agreement: WGITN reserves the right to amend this
Agreement at any time. All modifications and amendments will be posted on the
Service. If you are a member or a subscriber of the Services and your email
contact information is current, we will notify you of material changes via
email and/or by posting them on the Web Channel. Nonetheless, you are
responsible for regularly reviewing and understanding these modified or amended
terms and conditions. You understand, acknowledge and agree that you will be
deemed to accept all changes so posted if you continue to use the Services
after notification. If you do not agree to the changes in this Agreement, you
understand that your only recourse will be to terminate your use of or
membership to this Service.
6. Links to Third-Party Services or Websites: This Service may contain links to
external websites or services owned, operated, or managed by third parties
(collectively referred to as ÒLinked Websites") such as ÒAsk the ExpertsÓ
and ÒMy Capture.Ó Although a Linked Website may feature a WGITN or its partner
logo or identification, or a Linked Website is ÒframedÓ by the Service, such a
third party website is not under the control of WGITN, nor is WGITN responsible
for the contents, business practices or privacy policies of any Linked Website,
including, without limitation, links contained on Linked Websites, or any
changes or updates to Linked Websites. WGITN is providing a link to a Linked
Website to you only as a convenience, and the inclusion of such links is not an
endorsement by WGITN in favor of any company offering Internet services,
products or services on the Linked Websites. If you decide to access and use
Linked Websites from this Service, you understand, acknowledge and agree that
you do so at your own risk. You further agree that the Service, its partners,
parent company(s), successors and assigns, and their respective officers,
directors, employees, representatives, agents, and operational service
providers will not, under any circumstances, be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on the content, advertising or business
practices of linked third party websites. This disclaimer applies even if a
third party providing a Linked Website is affiliated with WGITN or any of its partners.
7. Advertisers: Third party advertisers, promotional partners or sponsors
(collectively, ÒAdvertisersÓ) may present statements, messages, offers, advice,
or promotional materials on or through the Service. Advertisers are not under
the control of WGITN, and the inclusion of AdvertisersÕ statements, messages,
offers, advice, or promotional materials on or through the Service is not an
endorsement by WGITN or any of its network stations in favor of same. Any correspondence or business dealings with, or
participation in promotions of, Advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such Advertisers. You understand, acknowledge and
agree that WGITN and its partners shall not be responsible or liable for any
loss or damage of any sort incurred as a result of any such dealings or as the
result of the presence of such Advertisers on the Service.
8. Shopping and E-Commerce: Products Sold by WGITN. This Service may offer
various goods and services for sale (ÒProductsÓ), or direct or link to other
websites that sell goods and services. We have no responsibility or liability
whatsoever for any Products you may obtain from or through other websites or
web pages, even if you were directed or linked to such a website or page
through this Service. For Products listed advertised on our classified
advertising features, please see ÒClassifieds: Products Advertised by Users,Ó
Section 9 below.
If a Product offered directly by WGITN is listed at an incorrect price or with
incorrect information, we reserve the right to refuse or cancel orders placed
for that Product, whether or not the order has been confirmed and even if your
credit or debt card account has been charged (in which event we will issue a
credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify final
acceptance of your order, nor constitute a binding confirmation of an offer to
sell any Product and we reserve the right to accept or decline your order for
any reason up until the time the Product is actually delivered to you. We
reserve the right at any time, without prior notice, to limit or reduce the
quantity you ordered of any Product and we will notify you if we do so.
Products on the Service are offered for sale only to end user customers or as
personal gifts to end user customers and not for commercial resale. We do not
accept orders from dealers, exporters, wholesalers, distributors, resellers or
other similar persons or companies, and reserve the right to refuse, cancel or
seek the return of any Products that are purchased in violation of the
foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and
applicable taxes will be added to the amount charged for Products purchased on
the Service.
If an order consists of multiple items, they may be shipped separately
depending on availability.
9. Classifieds: Products Advertised by Users In addition to directly offering
Products for sale as described above, this Service may display advertisements
for the sale of certain goods (ÒClassifiedsÓ) submitted by users of the
Service.
A user who submits such an advertisement (the ÒSellerÓ) must certify that our
Prohibited Items List does not bar the advertisement for sale of that item. We
reserve the right to reject or remove any advertisement, regardless of whether
the item advertised for sale is included on the Prohibited Items list. We may
deactivate the accounts of users who submit multiple advertisements we deem
inappropriate. Sellers are entirely responsible for the content of their
advertisements.
Our Classifieds service allows users (ÒBuyersÓ) to browse the Classifieds
submitted by Sellers and to contact each Seller about purchasing items
advertised for sale. We have no responsibility or liability whatsoever to
either Buyers or Sellers for such transactions.
We may charge Sellers a fee to post listings with special features (ÒPremium
ListingsÓ). All fees paid will be non-refundable in the event that a Classified
is removed from the Service for violating this policy.
You understand, acknowledge and agree that WGITN merely provides a forum where
anyone can offer, sell or buy certain items, on terms of sale determined solely
by the buyer and seller. Unlike an auctioneer website, WGITN is not involved in
the actual transaction between buyers and sellers, and ultimately has no
control over the quality, safety or legality of advertised items, nor any
matters relating to the completion of transactions. Therefore, WGITN shall not
be responsible or liable for any loss or damage of any sort incurred as a
result of any such dealings or as the result of the presence of such
Classifieds on the Service.
10. DISCLAIMER OF WARRANTIES AND LIABILITY FOR ALL PRODUCTS AND CLASSIFIEDS:
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WGITN DISCLAIMS TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND
WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY
DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND
ALL PRODUCTS AND CLASSIFIEDS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE
EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND CLASSIFIEDS,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS
FOR A PARTICULAR PURPOSE.
11. Prohibited Uses Generally: You are required to comply with all applicable
law in connection with your use of the Service, and such further limitations as
may be set forth in any written or on-screen notice from WGITN. As a condition
of your use of the Service, you warrant that you will not use the Service for
any purpose that is unlawful or prohibited by this Agreement. You further agree
not to: (a) use any incomplete, false or inaccurate biographical information or
other information for purposes of registering as a user of the Service, or for
purposes of registering for any promotions, contests or surveys offered through
the Service; (b) delete or revise any material or other information of any
other user or of WGITN; (c) take any action that imposes an unreasonable or
disproportionately large load on the Service's infrastructure; (d) use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Service or any activity being conducted on this Web
Channel; (e) harvest or otherwise collect information about others, including
email addresses, without their consent; (f) use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatar's or intelligent agents) to
navigate or search the Service other than the search engine and search agents
available from WGITN on the Service and other than generally available
third-party web browsers (e.g., Netscape Navigator and Microsoft Internet
Explorer); (g) attempt to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the Service;
or (h) engage in any other conduct that restricts or inhibits any other person
from using or enjoying the Service, or which, in the sole judgment of WGITN,
exposes WGITN or any of its customers or suppliers to any liability or
detriment of any type. You also are prohibited from violating or attempting to
violate the security of the Service, including, without limitation: (A)
accessing data not intended for you or logging into a server or account that
you are not authorized to access; (B) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (C) attempting to interfere with service to any user,
host or network, including, without limitation, by way of submitting a virus
to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service; (D)
sending unsolicited e-mail, including promotions and/or advertising of products
or services; or (E) forging any TCP/IP packet header or any part of the header
information in any e-mail or posting. Violations of system or network security
may result in civil or criminal liability. WGITN will investigate occurrences
that may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
12. Posting of Content in Public Areas: If you submit, transmit, distribute,
post, communicate or store (collectively, "post" or ÒpostingÓ)
content (including, without limitation, text, photos, audio and/or video content,
graphics, news stories, or any other user generated content (collectively,
ÒUGCÓ)) in the Web ChannelÕs public areas, such as but not limited to blogs,
comment forums, chat rooms, message boards, social networking features or news
submission services, you are solely responsible for your own UGC, the
consequences of posting such UGC, and your reliance on any UGC found in these
areas. You understand that WGITN may, but is not obligated to, monitor or
review UGC in any public area and that WGITN shall not have any liability
whatsoever related to the content of such UGC, whether arising under the laws
of libel, privacy, copyright, trademark, obscenity or otherwise. In cases where
you feel threatened or believe someone else is in danger, you should contact your
local law enforcement agency immediately. If you think you may have a medical
emergency, call your doctor or 911 immediately.
WGITN may also accept the submission of UGC related to breaking news stories or
severe weather via email and/or postal mail to station personnel. Any
submission of UGC via email or postal mail is also subject to this Agreement.
You are solely responsible for any UGC that you provide to WGITN or its
stations.
In consideration of being allowed to post UGC, you agree that the following
actions shall constitute a material breach of this Agreement: (a) Posting of
copyrightable information without either (i) being
the copyright owner or (ii) having the express consent of the copyright owner;
(b) Posting information that reveals trade secrets unless you own them or have
a license to disclose or use any such secrets; (c) Using a public area for any
purpose in violation of local, state, national, or international laws; (d)
Posting UGC that infringes on the intellectual property rights of others or on
the privacy or publicity rights of others; (e) Posting UGC that is unlawful,
obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or
embarrassing to any other person or entity as determined by WGITN in its sole
discretion; (f) Posting advertisements or solicitations of business; (g) After
receiving a warning, continuing to disrupt the normal flow of dialogue, or
posting comments that are not related to the topic being discussed (unless it
is clear the discussion is free-form); (h) Posting surveys, contests, chain
letters or pyramid schemes; (i) Impersonating another
person; (j) Uploading or distributing files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer; or (k) Allowing any other person or entity to use your
identification for posting or viewing comments. WGITN reserves the right to
review UGC on its Service, to remove any UGC, and to terminate your ability to
post to the Service at any time without notice, in its sole discretion. WGITN
also reserves the right to disclose any UGC as we deem necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any UGC, in whole or in part.
13. License Granted: WGITN does not claim ownership of the UGC you make to its
Service, or any material you transmit, distribute, communicate or store on, to
or through the Service. However, by posting UGC, to or through the Service, or
via email or postal mail, you grant WGITN a world-wide, royalty free,
perpetual, irrevocable and non-exclusive right (including any moral right) and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such content anywhere, for any
purpose, and in any form, media or technology now known or later developed. No
compensation will be paid with respect to the use of your posting. WGITN is
free to use any ideas, concepts, know-how, or techniques contained in any
communication to the Service for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products using such
information. WGITN is under no obligation to maintain any posting you make and
may remove any posting at any time in its sole discretion. By posting to or
through this Service, you also warrant and represent that you own or otherwise
control all of the rights to the content of the public posting, and that use of
your content by WGITN will not infringe or violate the rights of any third
party.
14. Minors: Children under the age of 13 years are prohibited from
participating in activities that require registration and the collection of
personal information on this Service. Parents and legal guardians may register
for the activity on behalf of their child, under the parent or legal guardianÕs
own name and personal information. Persons between the ages of 13 and 18 years
may participate in most activities on this Service, unless designated
otherwise. The parents or legal guardians of minor children shall be solely
responsible for (a) the online content and activities of such minor; (b)
monitoring such minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such minor. Any false or fraudulent
registration or entry from any person will disqualify the person from the
receipt of any contest or sweepstakes prize or other benefit.
15. GENERAL DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED "AS
IS." WGITN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO
YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART
THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE
DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. WGITN DISCLAIMS TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WGITN DISCLAIMS ALL (A)
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B)
WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR
PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS,
OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (D) WARRANTIES RELATING TO
THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (E) WARRANTIES OTHERWISE
RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY WGITN OR
ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE
FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS
OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE,
AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK.
16. Limitation of Liability: This Service may contain technical inaccuracies,
typographical errors, and out of date information. WGITN makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Service. Neither WGITN nor any party involved in creating, producing or
delivering this Service, or on any website linked to this Service, shall be
liable in any manner whatsoever for any direct, incidental, consequential,
indirect, special, compensatory, exemplary or punitive damages arising out of
your access, use or inability to use this Service or any website linked to this
Service, or any errors or omissions in the content thereof. WGITN reserves the
right to alter the content of this Service in any way, at any time, for any
reason, without prior notification, and will not be liable in any way for
possible consequences of such changes. These limitations apply whether the
alleged liability is based on contract, tort, negligence, strict liability, or
any other basis, even if WGITN has been advised of the possibility of such
damage. Because some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, WGITN's
liability in such jurisdictions shall be limited to the extent permitted by
law.
17. Indemnification: Upon a request by WGITN, you agree to defend, indemnify
and hold harmless WGITN and its subsidiaries, affiliates, officers, agents,
representatives, employees, co-branders, Advertisers, suppliers, operational
service providers, or other partners and their respective officers, directors,
employees, representatives and agents, or others involved in creating,
promoting, or otherwise making available this Service from and against any
claims, actions, costs, expenses, or demands, including, without limitation,
reasonable legal and accounting fees, resulting from any content you submit,
post to or transmit through this Service, your use of the Service, your
violation of this Agreement, your violation of any rights of another, or
otherwise arising out of your use of this Service in any manner. The Service
will attempt to provide notice to you promptly of any such claim, suit, or
proceeding and will assist you, if requested and at your expense, in defending
any such claim, suit or proceeding. We reserve the right to take exclusive
control and defense of any such claim subject to indemnification by you, in which
event you will cooperate fully with this Station and Infinity in asserting any
available defenses.
18. Choice of Law and Forum: This Agreement shall be governed by and construed
in accordance with the laws of the State of New York, excluding its conflict of
law rules. You and WGITN expressly agree to submit to the exclusive
jurisdiction and venue of the courts in New York County, New York in all
disputes arising out of or relating to the use of this Service.
19. Severability and Integration: Unless otherwise specified herein, this
Agreement constitutes the entire agreement between you and WGITN and governs
your use of this Service, superseding any prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you
and WGITN. If any portion of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intention of the parties, and the
remaining portions shall remain in full force and effect.
20. No Waiver: The failure of WGITN to enforce any provisions of this Agreement
or respond to a breach by you or other parties shall not in any way waive its
right to enforce subsequently any terms or conditions of this Agreement or to
act with respect to similar breaches.
21. No Professional Advice: Any information supplied by any employee or
agent of WGITN, whether by telephone, e-mail, letter, facsimile or other form
of communication, is intended solely as general guidance on the use of the
Service, and does not constitute legal, tax, accounting or other professional
advice. Individual situations and state laws vary and users are encouraged to
obtain appropriate advice from qualified professionals in the applicable jurisdictions.
22. Miscellaneous: You agree that no joint venture, partnership, employment, or
agency relationship exists between you and WGITN as a result of this Agreement
or your use of this Service. Nothing contained in this Agreement is in
derogation of WGITN's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of this Service or information provided to or gathered by WGITN with
respect to such use. A printed version of this Agreement and of any notice given
in electronic form shall be admissible in judicial or WGITN administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
23. Termination: WGITN reserves the right, in its sole discretion, to terminate
your access to all or part of this Service, with or without notice.
© Copyright 2009 WhatÕs Good In The Neighborhood and its Partners All Rights
Reserved.