
August 12, 2008
Last
Updated: September 2007
These Terms of Service govern your use of WTXX.COM. Your
use of our site tells us you have read and agreed to these Terms of Service and
our Privacy
Policy.
WTXX.COM reserves the right to deny access to the site to
any person who violates these Terms of Service.
Copyright. All information, content, services and
software displayed on, transmitted through, or used in connection with
WTXX.COM, with the exception of User Content as defined below, including for
example news articles, reviews, directories, guides, text, photographs, images,
illustrations, audio clips, video, html, source and object code, trademarks,
logos, and the like (collectively, the "Content"), as well as its
selection and arrangement, is owned by Tribune Interactive, Inc.
("TI"), and/or its affiliated companies, licensors and suppliers. You
may use the Content online only, and solely for your personal, non-commercial
use, and you may download or print a single copy of any portion of the Content
solely for your personal, non-commercial use, provided you do not remove any
trademark, copyright or other notice from such Content. If you operate a Web
site and wish to link to WTXX.COM, you may do so provided you agree to cease
such link upon request from WTXX.COM. No other use is permitted without prior
written permission of WTXX.COM. The permitted use described in this Paragraph
is contingent on your compliance at all times with these Terms of Service.
You may not republish any portion of the Content on any
Internet, Intranet or extranet site or incorporate the Content in any database,
compilation, archive or cache. You may not distribute any Content to others,
whether or not for payment or other consideration, and you may not archive,
modify, copy, frame, cache, reproduce, sell, publish, transmit, display or
otherwise use any portion of the Content. You may not scrape or otherwise copy
our Content without permission. You agree not to decompile, reverse engineer or
disassemble any software or other products or processes accessible through
WTXX.COM, not to insert any code or product or manipulate the content of
WTXX.COM in any way that affects the user's experience, and not to use any data
mining, data gathering or extraction method.
Requests to use Content for any purpose other than as
permitted in these Terms of Service should
be directed here. In certain cases, you may be able to use individual
stories that appear on WTXX.COM through online functionality we have
specifically designated (e.g., to e-mail a story to a friend or to purchase the
rights to reproduce a story for other use). In such cases, we will tell you
directly in the portion of the Content you may use or you will see a link in
the Content itself.
Registration. Registration is not required to view
certain Content. However, you are required to register if you wish to post a
comment or upload a video, or view certain other Content. If you become a
Registered Member of WTXX.COM, you accept responsibility for all activities
that occur under your Registration Account. You agree to provide true,
accurate, complete, and correct information at the time of registration, and to
promptly update this information as needed so that it remains true, accurate,
complete, and correct. We reserve the right to terminate your access and use of
WTXX.COM if individuals from more than one household access WTXX.COM using any
single Registration Account. You are responsible for maintaining the
confidentiality of your password and for restricting access to your computer so
others outside your household may not access WTXX.COM using your name in whole
or in part without our permission. If you believe someone has accessed WTXX.COM
using your Registration Account and password without your authorization, e-mail
us immediately.
Use of Information by WTXX.COM. You acknowledge,
consent and agree that WTXX.COM may preserve and disclose your Registration
Account information and the contents of your online communications if required
to do so by law, or in good faith belief that preservation and/or disclosure is
reasonably necessary for the following purposes: (1) to comply with legal
process, such as a court order, search warrant, or subpoena; (2) to enforce the
terms of this Terms of Service; (3) to render service you request; (4) to protect
the rights or property of WTXX.COM, TI, and their third party suppliers and
licensors; or (5) in circumstances that we deem, in our sole discretion, to
pose a threat to the safety of you or others.
User Content Representations and Warranties. By
placing material on WTXX.COM, including but not limited to posting content or
communications to any WTXX.COM bulletin board, forum, blogspace, message or
chat area, or posting text, images, audio files or other audio-visual content
to the site ("User Content"), you represent and warrant: (1) you own
or otherwise have all necessary rights to the User Content you provide and the
rights to provide it under these Terms of Service; and, (2) the User Content
will not cause injury to any person or entity. Using a name other than your own
legal name in association with the submission of User Content is prohibited
(except in those specific areas of WTXX.COM that specifically ask for unique,
fictitious names).
User Content License. For all User Content you
post, upload, or otherwise make available ("Provide") to WTXX.COM,
you grant Tribune Interactive, Inc. ("TI"), its affiliates and
related entities, including WTXX.COM and its affiliated newspapers, Web sites,
and broadcast stations, a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and fully sub-licensable license to use, copy, reproduce,
distribute, publish, publicly perform, publicly display, modify, adapt,
translate, archive, store, and create derivative works from such User Content,
in any form, format, or medium, of any kind now known or later developed.
Without limiting the generality of the previous sentence, you authorize TI to
share the User Content across all Web sites, newspapers, and broadcast stations
affiliated with Tribune Company, to include the User Content in a searchable
format accessible by users of WTXX.COM and other TI Web sites, to place
advertisements in close proximity to such User Content, and to use your name,
likeness and any other information in connection with its use of the material
you provide. You waive all moral rights with respect to any User Content you
provide to WTXX.COM. You also grant TI the right to use any material,
information, ideas, concepts, know-how or techniques contained in any
communication you provide or otherwise submit to us for any purpose whatsoever,
including but not limited to, commercial purposes, and developing,
manufacturing and marketing commercial products using such information. All
rights in this paragraph are granted without the need for additional
compensation of any sort to you.
User Content Screening and Removal. You acknowledge
that WTXX.COM and/or its designees may or may not pre-screen User Content, and
shall have the right (but not the obligation), in their sole discretion, to
move, remove, block, edit, or refuse any User Content for any reason, including
without limitation that such User Content violates these Terms of Service or is
otherwise objectionable.
User Content Assumption of Risk. WTXX.COM cannot
and does not monitor or manage all User Content, and does not guarantee the
accuracy, integrity, or quality of User Content. All User Content provided to
WTXX.COM is the sole responsibility of the person who provided it. This
means that you are entirely responsible for all User Content that you provide. To
protect your safety, please use your best judgment when using WTXX.COM forums.
We discourage divulging personal phone numbers and addresses or other
information that can be used to identify or locate you. You acknowledge and
agree that if you make such disclosures either through posting on any bulletin
board, forum, blogspace, message or chat area, or uploading text, images, audio
files or other audio-visual content, in classified advertising you place or in
other interactive areas, or to third parties in any communication, you do so
fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to
whether User Content violates any Posting Rule will be made by WTXX.COM in its
sole discretion and after we have actual notice of such posting. When you
provide User Content, you agree to the following Posting Rules:
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE
REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas. WTXX.COM is not
responsible for the similarity of any of its content or programming in any
media to materials or ideas provided to WTXX.COM. You acknowledge and agree
that if you send any unsolicited materials or ideas, you do so with the
understanding no additional consideration of any sort will be provided to you,
and you are waiving any claim against WTXX.COM and its affiliates regarding the
use of such materials and ideas, even if material or an idea is used that is or
may be substantially similar to the idea you sent.
Transactions and E-Commerce. During your visit to
our site you may elect to engage in a transaction involving the purchase of a
product such as a newspaper subscription, a print or online advertisement or
other tangible goods and services. Credit card transactions and order
fulfillment are often handled by a third party processing agent, bank or
distribution institution. While in most cases transactions are completed
without difficulty, there is no such thing as perfect security on the Internet
or offline. If you are concerned about online credit card safety, in most cases
a telephone number will be made available so you can call us and place your
order by phone. WTXX.COM cannot and does not take responsibility for the
success or security of transactions undertaken or processed by third parties.
Errors in Advertisements. On occasion, a product or
service may not be available at the time or the price as it appears in an
advertisement. In such event, or in the event a product is listed at an
incorrect price or with incorrect information due to typographical error,
technology effort, error in the date or length of publication, or error in
pricing or product information received from our advertisers or suppliers, you
agree WTXX.COM is not responsible for such errors or discrepancies.
Communications with Third Parties Through WTXX.COM.
Your dealings or communications through WTXX.COM with any party other than
WTXX.COM are solely between you and that third party. For example, certain
areas of WTXX.COM may allow you to conduct transactions or purchase goods or
services. In most cases, these transactions will be conducted by our
third-party partners and vendors. Under no circumstances will WTXX.COM be
liable for any goods, services, resources or content available through such
third party dealings or communications, or for any harm related thereto. Please
review carefully that third party's policies and practices and make sure you
are comfortable with them before you engage in any transaction. Complaints,
concerns or questions relating to materials provided by third parties should be
directed to the third party.
During your visit to WTXX.COM you may link to, or view as
part of a frame, certain content that is actually created or hosted by a third
party. Because WTXX.COM has no control over third party sites and resources,
you acknowledge and agree that WTXX.COM is not responsible for the availability
of external sites or resources, nor for the content, actions, or policies of
those sites. Information you provide on such sites, including personal
information and transactional information, is subject to the terms of service
of those sites.
Notice of Intellectual Property Infringement. In
accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, it is the policy of WTXX.COM,
in appropriate circumstances, to terminate the Registration Account of a Member
who is deemed to infringe third party intellectual property rights or to remove
User Content that is deemed to be infringing. If you believe that your work has
been copied in a way that constitutes copyright infringement and is displayed
on WTXX.COM, please provide substantially the following information to our
Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section
512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of your copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material you claim is
infringing is located on the site (providing us with website URL is the
quickest way to help us locate content quickly);
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law;
6. a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
WTXX.COM's copyright agent can be reached as follows:
Copyright Agent, 435 N. Michigan Ave., 6th Floor, Chicago,
IL 60611, 312-222-4653 (voice), 312-222-4206 (fax), copyrightnotice@tribune.com
Please note that the above contact information is for
intellectual property infringement notices only. DO NOT CONTACT WTXX.COM'S
COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or
questions, please use the information listed in the Contact Us section
below. Please also note that, pursuant to Section 512(f) of the Copyright Act,
any person who knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement.
If you elect to send us a counter-notice in response to a notice of
intellectual property infringement, to be effective it must be a written
communication provided to WTXX.COM's designated Copyright Agent (see above for
contact information) that includes substantially the following (please consult
your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these
requirements):
1. an electronic or physical signature of the registered
user;
2. a description of the material that has been removed or
to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled (providing us with
a website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you
have a good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you consent to the jurisdiction
of the Federal District Court for the judicial district in which the address is
located, or if the your address is outside of the United States, for any
judicial district in which WTXX.COM may be found, and that the you will accept
service of process from the person who provided notification of intellectual
property infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright
Act, any person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification may be subject
to liability.
General Disclaimer and Limitation of Liability.
While WTXX.COM uses reasonable efforts to include accurate and up-to-date
information, we make no warranties or representations as to the accuracy of the
Content and assume no liability or responsibility for any error or omission in
the Content. WTXX.COM does not represent or warrant that use of any Content
will not infringe rights of third parties. WTXX.COM has no responsibility for
actions of third parties or for content provided by others, including User
Content.
USE OF WTXX.COM IS AT YOUR OWN RISK. ALL CONTENT IS
PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER TI, WTXX.COM,
NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION
OR WARRANTY OF ANY KIND REGARDING WTXX.COM, THE CONTENT, ANY ADVERTISING
MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH WTXX.COM,
AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF WTXX.COM OR SUCH CONTENT OR
SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
AGAINST INFRINGEMENT, AND WARRANTIES WTXX.COM WILL MEET YOUR REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED.
WTXX.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY
THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT
MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
WTXX.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND
RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WTXX.COM DOES NOT
REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE,
OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED
THROUGH THE WTXX.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR
INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL WTXX.COM OR ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WTXX.COM
OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE
FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. You agree to indemnify, defend and hold
harmless WTXX.COM and TI, each of their parent and affiliated companies, and
each of their respective partners, suppliers, licensors, officers, directors,
shareholders, employees, representatives, contractors and agents, and
sub-licensees from any and all claims (including but not limited to claims for
defamation, trade disparagement, privacy and intellectual property
infringement) and damages (including attorneys' fees and court costs) arising
from or relating to any allegation regarding: (1) your use of WTXX.COM; (2)
WTXX.COM's and TI's and Tribune Company's use of any User Content or
information you provide, as long as such use is not inconsistent with this
Agreement; (3) information or material provided through your Registration
Account, even if not posted by you; and (4) any violation of this Agreement by
you.
International Users. WTXX.COM is controlled,
operated and administered by WTXX.COM from its offices within the United
States. WTXX.COM makes no representation that materials or Content available
through WTXX.COM are appropriate or available for use outside the United States
and access to them from territories where their contents are illegal is
prohibited. You may not use WTXX.COM or export the Content in violation of U.S.
export laws and regulations. If you access WTXX.COM from a location outside the
United States, you are responsible for compliance with all applicable laws.
Modifying these Terms. WTXX.COM reserves the right
to change these Terms of Service at any time in its discretion and to notify
users of any such changes solely by changing these Terms of Service. Your
continued use of WTXX.COM after the posting of any amended Terms of Service
shall constitute your agreement to be bound by any such changes. Your use of
this site prior to the time these Terms of Service were posted will be governed
according to the Terms of Service that applied at the time of your use.
Discontinuation of Service. WTXX.COM may modify,
suspend, discontinue or restrict the use of any portion of WTXX.COM, including
the availability of any portion of the Content at any time, without notice or
liability. WTXX.COM may deny access to any Registered Member or other user at
any time for any reason. In addition, TI or WTXX.COM may at any time transfer
rights and obligations under this Agreement to any Tribune Company affiliate,
subsidiary or business unit, or any of their affiliated companies or divisions,
or any entity that acquires TI, WTXX.COM or any of their assets.
Choice of Law. These Terms of Service will be
governed by and construed in accordance with the laws of the State of Illinois,
without regard to its conflicts of law provisions. You hereby agree that any
cause of action you may have with respect to WTXX.COM must be filed in a
federal or state court located in Chicago, Illinois. Statute of Limitations.
You agree to file any claim regarding any aspect of this site or these Terms of
Service within six months of the time in which the events giving rise to such
claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to
these Terms of Service may be brought as a class action.
Severability. If for any reason any provision of
this Agreement is found unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the parties as
reflected in that provision, and the remainder of the Agreement shall continue
in full force and effect.
No Waiver. Any failure of WTXX.COM to enforce or
exercise any provision of this Agreement or related right shall not constitute
a waiver of that right or provision.
Section Titles. The section titles used in this
Agreement are purely for convenience and carry with them no legal or
contractual effect.
Termination. In the event of termination of this
Agreement for any reason, you agree the following provisions will survive: the
provisions regarding limitations on your use of Content, the license(s) you
have granted to WTXX.COM, and all other provisions for which survival is
equitable or appropriate.
Conflicts. In the case of a conflict between these
terms and the terms of any electronic or machine readable statement or policy
(for example, a P3P electronic privacy policy), these Terms of Service shall
control. Similarly, in case of a conflict between these terms and our Privacy
Policy, these Terms of Service control.
Contact Us. To contact WTXX.COM, please use the
following address:
wtxx.com
CW 20 WTXX-TV
20 Church Street
Hartford, CT 06103
Contact
Webmaster
Add your comments below |
|
(Please note, HTML is not allowed) |
|
Title: |
|
Comments: |
|
Name: |
|
|
|
|
Add your comments below |
|
(Please note, HTML is not allowed) |
|
Title: |
|
Comments: |
|
Name: |
|
|
|
|