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This Legal Terms for Website
Usage does not cover the “Ask the Experts” advertising feature on this
website. Please see the separate terms of use agreement on the Ask
the Experts homepage. Gray Television Group, Inc. (collectively
referred to as "GTGI"), provides this information to you,
subject to the following terms, conditions and notices contained or
referenced herein (the "Agreement"), which govern your use of
websites on the Internet owned and operated by GTGI (the
"Service").
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, participating in 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 (“Rules
of Participation”) 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 Service’s Privacy
Policy, and the Rules of Participation 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
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 user’s
personal information, please contact us by sending an e-mail message to
lisa.bishop@gray.tv
1. Copyright Rights All copyright rights in the text, images,
photographs, graphics, user interface, and other content provided on the
Service by GTGI or its third-party licensors, and the selection,
coordination, and arrangement of such content, are owned by GTGI or its
third-party licensors, 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 of the contents
of the Service for any purposes. Nothing stated or implied on the Service
confers on you any license or right under any copyright of GTGI or any
third party. The Service and the information contained in reference herein
are for informational purposes only. Any reproduction, copying, or
redistribution for commercial purposes of any materials or design elements
of the Service is strictly prohibited, without the prior written consent
of GTGI. Requests for permission to reproduce any information contained on
this Service should be addressed to the contact person below.
If you have any questions or comments about this policy or our use of
personal information, you may send an e-mail to lisa.bishop@gray.tv or
send a letter to the following address:
Gray Television Group, Inc.
Attn: Lisa Bishop
Manager
126 North Washington Street
Albany, GA 31701
Notwithstanding the above, GTGI 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 GTGI is prohibited.
While
this section concerns copyrights held by GTGI and its third-party
licensors, you must accept as a condition of using the Service that you
may not 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.
2. Notice of Copyright Infringement If
you believe that your work has been posted by a user and is accessible on
this Service in a way that constitutes copyright infringement, you must
provide GTGI's Copyright Agent with the information below. To be
effective, the notification must contain the following information in
accordance with the provisions of the Digital Millennium Copyright Act:
1) 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 notification.
2) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at this Site are covered by a
single notification, a representative list of such works at this Site.
3) Identification of the copyrighted work claimed to have been
infringed or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and the information
reasonably sufficient to permit us to locate the material.
4) Information reasonably sufficient to permit us to contact the
complaining party, such as the party’s name, address and daytime
telephone number, and an e-mail address, if available.
5) A statement that the complaining party has a good faith belief
that the use of the infringing copyrighted work is not authorized by the
copyright owner, its agent, or the law.
6) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive copyright right
that is allegedly infringed.
GTGI's Copyright Agent for Notice of claims of copyright infringement on
the Service is Robert A. Beizer who can be reached as follows:
Robert A. Beizer
DMCA Designated Agent
Gray Television Group, Inc.
1776 K Street, NW
Washington, DC 20006
Phone: 202-719-4551
Email: dmcaagent@gray.tv
The above address is intended only for notifications and any related
correspondence regarding claims of copyright infringement for this
Service. Correspondence pertaining to other matters will not receive
a response if sent to the above contact information.
GTGI will remove or disable access to any posted submission for which we
have received a notice of claimed copyright infringement (or, more
specifically, any notification in substantial conformance with the Digital
Millennium Copyright Act, 17 U.S.C. § 512(c)(3)).
United States
law provides significant penalties for submitting a false or fraudulent
claim of copyright infringement.
3. Trade and Service Mark Rights All rights in the product names,
company names, trade names, logos, product packaging and designs of all
GTGI or third-party products or services, whether or not appearing in
large print or with the trademark symbol, belong exclusively to GTGI 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 GTGI or any third party.
4. Privacy Policy You agree and consent to the terms of the GTGI
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 GTGI reserves the right to
amend this Agreement at any time. All modifications and amendments will be
posted on the Service. You are responsible for regularly reviewing and
understanding these modified or amended terms and conditions. You will be
deemed to accept all changes so posted.
6. Links to Third-Party Services or Web sites This Service may contain links to external websites or services owned,
operated, or managed by third parties (collectively referred to as
“Linked Websites") such as “Ask the Experts.” Although a Linked
Website may feature a GTGI or its network station logo or identification,
or a Linked Website is “framed” by the Service, such a third party
website is not under the control of GTGI, nor is GTGI 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. GTGI 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 GTGI 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 network stations, 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
sites. This disclaimer applies even if a
third party providing a Linked Website is affiliated with GTGI or any of
its network stations.
7. Advertisers Third party ("Advertisers") may
present statements, messages, offers, advice, or promotional materials on
or through the Service. Advertisers are not under the control of GTGI, and
the inclusion of Advertisers' statements, messages, offers, advice, or
promotional materials on or through the Service is not an endorsement by
GTGI 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 GTGI and its
network solutions 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 GTGI This Service may offer various goods and services for
sale (“Products”), or direct or link to other websites that sell goods
and services. We have no
responsibility or liability whatsoever for goods or services you may
obtain from or through other websites or web pages, even if you were
directed or linked to such a site or page through this Service.
For products sold Advertised by Classified Pages, please see
section 9 below.
If a GTGI Product 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).
EXCEPT AS SPECIFICALLY SET
FORTH
IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING
FROM OR RELATING IN ANY WAY TO ANY AND ALL GTGI PRODUCTS. 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 GTGI PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
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 (“Classifieds”) submitted by users of the Service.
A user who submits such an advertisement (the “Seller”) 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 (“Buyers”) to browse the
Classifieds submitted by Sellers and to contact each Sellers 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
(“Premium Listings”). 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 GTGI 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 web site, GTGI 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, GTGI 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. 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 GTGI. 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
GTGI; (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
site; (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 GTGI 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 GTGI, exposes GTGI 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. GTGI 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.
11 Posting of Information in Public Areas If you transmit,
distribute, post, communicate or store ("post") information
(including, without limitation, text, photos and videos) in a public area,
such as a blog comment forum, chat room or a message board, you are solely
responsible for your own communications, the consequences of posting those
communications, and your reliance on any communications or information
found in these areas. You understand that GTGI may, but is not obligated
to, monitor or review postings in any public area. GTGI shall not have any
liability whatsoever related to the content of such communications,
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.
In consideration of being allowed to post information in public areas,
you agree that the following actions shall constitute a material breach of
this Agreement: (a) Posting 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; (c) Using a public area for any purpose in violation of
local, state, national, or international laws; (d) Posting information
that infringes on the intellectual property rights of others or on the
privacy or publicity rights of others; (e) Posting information that is
unlawful, obscene, defamatory, threatening, harassing, abusive,
slanderous, hateful, or embarrassing to any other person or entity as
determined by GTGI 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. GTGI reserves the right to review postings on its
Service, to remove any postings, and to terminate your ability to post to
the Service at any time without notice, in its sole discretion. GTGI also
reserves the right to disclose any information posted by users 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
information or materials, in whole or in part.
12. License Granted GTGI does not claim ownership of the
postings you make to its Service, or any material you transmit,
distribute, communicate or store on, to or through the Service. However,
by posting or submitting information or material on, to or through the
Service, you grant GTGI 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. GTGI 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. GTGI is under no obligation to maintain
any posting you make and may remove any posting at any time in its sole
discretion. By posting or submitting content to 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 GTGI
will not infringe or violate the rights of any third party.
13. 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 guardian’s 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.
14. Disclaimer of Warranties THE SERVICE IS PROVIDED "AS
IS." GTGI 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 WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE
ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. GTGI DISCLAIMS TO
THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND
WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GTGI
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND 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 GTGI 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.
15. Limitation of Liability This Service may contain technical
inaccuracies, typographical errors, and out of date information.
GTGI makes no representations about the accuracy, reliability,
completeness, or timeliness of the Service. Neither
GTGI 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 site linked to this Service, or any errors or omissions in the
content thereof. GTGI 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 GTGI has been advised of the possibility of such damage. Because
some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, GTGI's liability in such jurisdictions shall be
limited to the extent permitted by law.
16. Indemnification Upon a request by
GTGI, you agree to defend, indemnify and hold harmless GTGI 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.
17. 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 GTGI 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.
18. Severability and Integration Unless otherwise specified
herein, this Agreement constitutes the entire agreement between you and
GTGI and governs your use of this Service, superceding any prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and GTGI. 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.
19. No Waiver The failure of GTGI 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.
20. No Professional Advice Any information supplied by any
employee or agent of GTGI, 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.
21. Miscellaneous You agree that no joint venture, partnership,
employment, or agency relationship exists between you and GTGI as a result
of this Agreement or your use of this Service. Nothing contained in this
Agreement is in derogation of GTGI'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 GTGI 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 Gray Television,
Inc. 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.
22. Termination GTGI reserves the right, in its sole discretion,
to terminate your access to all or part of this Service, with or without
notice.
This Agreement was last updated February 29, 2008. Copyright © 2008
Gray Television Group, Inc. All rights reserved.
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