COPYRIGHT INFORMATION: © Copyright 2003-2013 WKFK TV 7 – All Rights Reserved.
Although the Web site is freely accessible, * WKFK TV 7 and this Station do not intend to give up our respective rights, or anyone else’s rights, to the materials appearing on the Web site. Unless otherwise noted, * WKFK TV 7 or this Station owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Web site. To encourage a free and continuous flow of information, you are permitted (which may be revoked at any time) to download the material in the Web site for private, non-commercial use only, without alterations, so long as the copyright notices, appearing on the material downloaded, “© Copyright 2003-2010 * WKFK TV 7. All Rights Reserved” and or “© Copyright 2003-2010 [this Station]. All Rights Reserved” 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 the address listed in the contact section of this web site.
The “* WKFK TV 7” logo is a trademark and service mark of * WKFK TV 7. This station is a trademark and service mark of this Station. All other trademarks, service marks and logos used in the Web site 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.
Note: [THE “STATION”] Will be the call letters and or network being broadcasted.
WELCOME! THE TELEVISION STATION AFFILIATE [THE “STATION”] THAT IS PROVIDING THIS SITE (THE “WEB SITE”). THROUGH ITS RELATIONSHIP WITH *.net DBA * WKFK TV 7 (“* WKFK TV 7”) PROVIDES A VARIETY OF ONLINE SERVICES, FROM FREE NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE WEB SITE SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As the web is an evolving medium, the terms of this Agreement 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. * WKFK TV 7 or this Station 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 the terms of this Agreement or engages in conduct that * WKFK TV 7 or this Station, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
CODE OF CONDUCT
You 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:
Restricting or inhibiting any other user from using and enjoying the Web site and services;
Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
Without * WKFK TV 7’s prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Web site to become users of other online services competitive with * WKFK TV 7);
Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
Using the Web site for any commercial or unlawful purposes; or
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Web site.
You agree to indemnify, defend and hold * WKFK TV 7, its sponsors, and this Station 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 site or site-related services.
By using the Web site you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, 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 of this Agreement on your behalf.
You may submit any text, images, data, or other materials (“Content”) to the Web site. In so doing, you acknowledge and agree that you grant to * WKFK TV 7 and this Station a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate such Content.
Sublicense such Content (in whole or in part) and or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Further, by submitting Content to the Web site, you acknowledge that you have the authority to grant such rights to * WKFK TV 7 and this Station, and acknowledge that the burden of determining whether any Content posted or transmitted to the Web site by you is protected by copyright rests solely with you. Each of this Station, * WKFK TV 7, and 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 PROMOTIONS
You acknowledge that if and when this Station or * WKFK TV 7 sponsors contests, sweepstakes, or promotions (“Special Program”), or third parties sponsor a Special Program in conjunction with this Station or * WKFK TV 7, either this Station, * WKFK TV 7, or the third party will post terms and conditions in the official rules and or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with this Agreement, will govern that particular Special Program.
USE OF SECURE AREA AND PASSWORD
You are given access to any password-protected area of the Web site when you are given permission and a password to enter such area. You may not distribute your password to others, but if you wish to authorize another individual to use your password, you must request permission from * WKFK TV 7 in writing, with the understanding that * WKFK TV 7 is under no obligation to approve any such request. You are responsible for all uses of your password and any and all damages to * WKFK TV 7 and this Station resulting from the distribution of your password, whether or not authorized by you.
You acknowledge and agree that * WKFK TV 7 and this Station have the right, but not the responsibility, to monitor the Web site 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 site properly, to protect itself, its sponsors and this Station’s customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that * WKFK TV 7 deems to be an emergency. * WKFK TV 7 and this Station 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 * WKFK TV 7 and this Station.
THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, 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 * WKFK TV 7 OR THIS STATION. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.
NEITHER * WKFK TV 7, THIS STATION, NOR OUR 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 SITE, SITE-RELATED SERVICES AND OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT * WKFK TV 7 AND THIS STATION 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 SITE, SITE-RELATED SERVICES AND OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE 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 * WKFK TV 7 and this Station attempt to ensure the integrity of the Web site, a possibility exists that the Web site could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Web site. * WKFK TV 7 and this Station make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform * WKFK TV 7 via e-mail so that it can be corrected.
In many instances, the content available through the Web site represents the opinions and judgments of the respective information provider, Web site user or member, or other user not under contract with * WKFK TV 7 or this Station. * WKFK TV 7 neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Web site by anyone other than authorized * WKFK TV 7 employee spokespersons while acting in their official capacities. Under no circumstances will * WKFK TV 7 or this Station be liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web site.
LINKS TO OTHER WEB SITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant 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 PROHIBITED
Although the Web site is accessible worldwide, not all products or services discussed or referenced in or on the Web site are available to all persons or in all geographic locations or jurisdictions. * WKFK TV 7 and this Station reserve the right to limit the availability of the Web site and or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Web site is void where prohibited.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable. Supplier is * WKFK TV 7..
This Agreement is entered into in the State of Louisiana and shall be governed by and construed in accordance with the laws of the State of Louisiana, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of USA in the State of Louisiana, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement 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 this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes 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 this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
* WKFK TV 7 and this Station may at any time change the Web site, including eliminating or discontinuing any content or feature of the Web site, 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 site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
This Web Site (the “Web site”) provides a variety of online services, from interactive entertainment to electronic commerce via its relationship with *, LLC dba * WKFK TV 7 (“* WKFK TV 7”). * WKFK TV 7 is the host of this Web site. Because the success of this Web site is dependent on building and maintaining goodwill with our customers, this Web site and * WKFK TV 7 (hereinafter collectively referred to as “we” or “us” or “our”) are committed to implementing measures designed to protect the privacy of those using our services. Moreover, we see it as our responsibility to set examples and help establish the standards for privacy on the Internet.
The information we gather
We gather two types of information about this Web site’s users:
(1) Non-personally identifiable information: When visitors come to the Web site, we collect and aggregate information indicating, among other things, which pages were visited, the order in which they were visited, and which hyperlinks were “clicked.” Collecting such information involves the logging of IP addresses, operating system and browser software used by each visitor to the Web site. Although such information is not personally identifiable, we can determine from the IP address a visitor’s Internet Service Provider and the geographic location of his or her point of connectivity.
The non-personally identifiable information we collect helps us diagnose problems with our server, administer the Web site, identify the most popular areas of the Web site, and determine the effectiveness of our promotional activities. In addition, we may disclose some of this information to advertisers to inform them of the number of people who have seen and or clicked through their advertisements.
For the same purposes, we use “cookies”—that is, small text files placed on your computer’s hard drive—to help us determine the type of content and sites to which you link, the length of time you spend at any particular area of the Web site, and your usage of our services offered via the Web site. Cookies also tell us which advertising you have seen on the Web site. At certain times, we may use outside advertising companies to display advertisements on the Web site that may contain cookies (“banner ads”). These banner ads collect information stored by the advertising company and we do not have access to this information.
Essentially, cookies are your identification cards for our computers, or servers, that placed them there. Cookies are only read by the server that placed them, and are unable to execute any code or virus. Cookies allow us to serve you better and more efficiently, and to personalize your experience at the Web site. Nevertheless, you are able to control how and whether cookies will be accepted by your web browser. For more information on how to do so, please refer to the documentation accompanying your browser.
(2) Personally identifiable information: In certain areas of the Web site, such as online surveys and contests, the Web site may require that you provide personally identifiable information (including, for example, zip code, age, income, and e-mail address, and when applicable, credit card information). * WKFK TV 7, as host of the Web site, has access to this information. In addition, when registering to set up an account to use certain services of the Web site such as e-mail, chat rooms, and forums, or to receive certain newsletters or specifically targeted information (“Services”), we do require that you provide a valid e-mail address.
We do not control the acts of this Web site’s members or visitors. All members and visitors should be aware that, when they disclose personally identifiable information in a bulletin board, chat room, guestbook, or other forum, the information may be collected and used by others to send that person unsolicited e-mail from other parties outside this Web site or * WKFK TV 7. In the event that you encounter any user on this Web site who is improperly collecting or using information about you or other users, please contact Info@WKFK.com.
How we use (and do not use) the information we gather
Please take some time to familiarize yourself with the different ways we use the information that we gather. Keep in mind that, while we encourage all third parties involved—including affiliates and advertisers—to adhere to our policies regarding the privacy of this Web site’s visitors and members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from us or independently. Nevertheless, in the event you encounter any third party associated with, or who claims association with us who you feel is improperly collecting or using information about you, please contact Info@WKFK.com, we will be happy to forward your message to the third party.
(1) How we use (and do not use) non-personally identifiable information: We use non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of the Web site’s members and visitors, and by measuring demographics and interests regarding specific areas of the Web site. We provide statistical information based on this data to advertisers, affiliates, and other current and potential business partners. We also use the aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their web sites.
The Web site may contain links to other Internet web sites, including co-branded or other affiliated sites that may or may not be owned or operated by us. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such web sites, including such sites’ use of any information (such as IP number, browser type, or operating system) collected when visitors to the web site click through links to those sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those sites.
We limit our own e-mail contact and solicitations to those customers who have “opted in” to receiving such communications. The solicitations are limited in that they, among other things, will clearly indicate the originator of the e-mail and provide the customer with a method of “opting out” of receiving future communications of a similar nature.
In addition, we sometimes use demographic data to decide which advertisements and sponsor messages to show to which members. As an example, if Sponsor XYZ wishes to display their advertising only to female members of this Web site, we use member registration data to ensure that Sponsor XYZ’s ads are displayed only to female members.
Finally, we may use individual members’ data to “pre-populate” forms, which are displayed for the purpose of collecting individual data by us and or our sponsors. In no case does pre-populating a form transfer any data to any advertiser or third party. Only if the member voluntarily requests that such data be transferred will any transfer take place—for example, if or when a member clicks a “submit form” button or other button.
We reserve the right to release any and all information contained within our access logs concerning any visitor or member when that visitor or member is in violation of our Terms of Service or other published guidelines, or partakes (or is reasonably suspected of partaking) in any illegal activity, even without a subpoena, warrant, or other court order, and to release such information in response to discovery requests, or in response to any circumstance which we, in our sole discretion, deem an emergency. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution.
All information gathered on the Web site is stored within a WKFK TV 7 controlled database accessible only to us to protect the loss, misuse, or alteration of the information under our control.