Tuesday, August 25, 2015

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Terms of Service

Barrington Broadcasting Terms of Use By using this Site, you are agreeing to the following Terms of Use Agreement (“Agreement”) by which Barrington Broadcasting Corporation (“Barrington”) offers you access to our services. Please review the entire Agreement carefully. This Agreement applies to all uses of any website owned and operated by Barrington, including, but not limited to, posting of information to Barrington web pages, participating in chat rooms or in threaded discussions, or using e-mail or other features offered on Barrington web pages. Barrington may restrict, suspend, or revoke your registration or ability to access or use this Site or any other Barrington website, with or without prior notice, if you violate the Agreement. 1. General Barrington reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the then-current Agreement because it is binding on you. You continued use of the Site constitutes your acceptance of any changes to the Agreement. 2. Applicable Laws You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any notice (including both written and online notices) from Barrington. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the site is for your use as described in the Agreement, and Barrington does not grant you any express or implied right to access or use the Site for any other purposes. 3. Copyright Rights All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site (collectively, the Site “Content”), and the selection, coordination, and arrangement of such Content, are owned by Barrington or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content and comply with the United States Copyright Act and all international copyright laws. Any reproduction, copying, modifying, redistributing, displaying, performing, or transmitting of the Content for commercial purposes is strictly prohibited without Barrington’s prior written consent. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Barrington is prohibited. Requests for prior written consent regarding the commercial use of any Content should be e-mailed to dbuonfiglio@barringtontv.com or addressed to: David Buonfiglio Barrington Broadcasting Corporation 2500 W. Higgins Road, Suite 155 Hoffman Estates, IL 60169 4. Trade and Service Mark Rights All rights in the product names, company names, trade names, logos, product packaging, and designs of all Barrington or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Barrington 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 the Site confers on you any license or right under any patent or trademark of Barrington or any third party. 5. Privacy Your use of the Site will be governed by our Privacy Policy. By visiting our website, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy. 6. Registration If any place on the Site asks you to register, you agree to provide accurate, current, and complete information about yourself as prompted in the registration form, and to maintain and promptly update this information. Barrington has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete. 7. Security You are responsible for maintaining the confidentiality of any password and username you are given or that you select to access the Site, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Barrington if you become aware of any unauthorized use of your password or username or any other breach of security. 8. User Content and Communications This Site may offer features that allow users to post content on the Site and communicate with others. To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by Barrington (collectively “User Submissions’), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions. You are also solely responsible for your reliance on any communications or information found on the Site. 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 connection with any such User Submissions, you agree not to transmit, distribute, post, communicate, or store information or other material on, to, or through the Site that: (a) is copyrighted, unless you are the copyright owner; (b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (c) reveals a trade secret, unless you own it; (d) contains falsehoods or misrepresentations that could damage Barrington (its successors and assigns) or any third party; (e) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by Barrington, in its sole discretion; (f) is illegal or otherwise objectionable; (g) includes, promotes, or refers to chain letters or pyramid schemes or to surveys and contests that are not sponsored by Barrington. You understand that Barrington does not guarantee that it will publish or maintain your User Submissions on the Site. Barrington may remove, reject, review, or revise User Submissions at any time, without prior notice and at its sole discretion. Barrington does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate, or store on the Site or that Barrington otherwise may receive from you. Barrington does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to Barrington, you agree to and hereby grant Barrington (its successors and assigns), and the operators of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license and right (including any moral rights) to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, translate, and display such User Submissions on or in connection with the Site and for such other purposes as Barrington (its successors and assigns) may deem appropriate, in all technological or media formats and channels now known or later developed. No compensation will be paid with respect to the use of your posting. Barrington is free to use any ideas, concepts, know-how, or techniques contained in any communication to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions. 9. Prohibited Uses Generally By using the Site, you agree not to: (a) use any incomplete, false, or inaccurate biographical information or other information or allow any other person or entity to use your identification information for purposes of registering as a user of the Site, or for purposes of registering for any promotions, contests or surveys offered through the Site; (b) delete or revise any material or other information of any other user, Barrington, or any third party; (c) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (e) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (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 Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers (e.g., 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 Site; (h) post advertisements or solicitations of business other than those explicitly approved by Barrington; (i) solicit Barrington users and others to join outside sites or online services or organizations other than through official, approved advertisements; (j) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges; or (k) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Barrington, exposes Barrington or any of its customers or suppliers to any liability or detriment of any type. You further agree not to violate or attempt to violate the security of the Site, 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 Site; (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. In accordance with the Agreement, Barrington may investigate and work with law enforcement authorities to prosecute users who are involved in such violations. 10. Third-Party Advertisements, Content, and Links The Site may contain advertisements for or information about third-party products and services (“Third-Party Materials”), as well as third-party owned content and links to other websites ("Linked Sites"). Barrington does not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Materials or Linked Sites, and may not be held liable for any Third-Party Materials or Linked Sites advertised, promoted, or otherwise referred to on this Site. In addition, Third-Party Materials and Linked Sites are not under the control of Barrington, and Barrington is not responsible for the content or privacy practices of those third parties or the Linked Sites, including, without limitation, links contained on Linked Sites, or any changes or updates to Linked Sites. Barrington is providing Third-Party Materials and Linked Sites to you as a convenience, and their inclusion in the Site is not an endorsement by Barrington in favor of any third party or any third-party products or services. If you choose to contact, purchase any products or services from, or otherwise engage with a third party, your relationship is directly with the third party. Barrington has no control over and makes no representations or warranties with respect to any Third-Party Materials or Linked Sites, including any of the items advertised on this Site. Barrington does not control or guarantee the safety, quality, integrity, or accuracy of any advertisements on the Site or of any of the items advertised; the rights and ability of sellers to advertise or sell items; the rights and ability of buyers to purchase items; or anything else related to any transaction between buyer and seller with respect to materials advertised or promoted on the Site. Barrington is not responsible for any loss or damage of any sort you may incur from dealing with any third party. 11. Notice of Copyright Infringement If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Barrington's Copyright Agent with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that Barrington may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Barrington's Copyright Agent for notice of claims of copyright infringement on the Site is David Buonfiglio, who can be reached as follows: David Buonfiglio Barrington Broadcasting Corporation 2500 W. Higgins Road, Suite 155 Hoffman Estates, IL 60169 dbuonfiglio@barringtontv.com Barrington will remove any content which infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. 12. Hyperlinking Unless you are subsequently advised otherwise by Barrington, you are hereby licensed to create hyperlinks to the content on the Site, provided the hyperlink accurately describes the content as it appears on the Site. Barrington reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet Service Provider's incidental caching of pages. Each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site. 13. Disclaimer of Warranties THE SITE IS PROVIDED "AS IS." BARRINGTON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. BARRINGTON DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARRINGTON 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 THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY BARRINGTON, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BARRINGTON OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. BARRINGTON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND BARRINGTON DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. 14. Limitation of Liability IN NO EVENT WILL Barrington OR ITS AFFILIATES, or any party involved in creating, producing, or delivering thE SITE be liable for any direct, incidental, consequential, indirect, SPECIAL, or punitive damages arising out of your access, use, MISUSE, or inability to use thE SITE or any LINKED siteS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, Omission, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. Barrington reserves the right to alter the content of thE sITE 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. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE BARRINGTON FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Barrington has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Barrington's liability in such jurisdictions shall be limited to the extent permitted by law. 15. Indemnification You agree to defend, indemnify, and hold harmless Barrington and third parties who contribute to the site from any loss, damage, or cost (including attorneys’ fees) resulting from your violation of the Agreement. 16. Choice of Law and Forum This Agreement is subject to the laws of the State of Delaware, excluding its conflict of law rules. You agree that any claim or dispute against Barrington arising out of or relating to the use of this Site must be resolved by a court located in Delaware unless agreed upon by both parties. 17. Severability and Integration Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Barrington and governs your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Barrington. 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. 18. No Waiver The failure of Barrington to enforce any provisions of the 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 the Agreement or to act with respect to similar breaches. 19. No Professional Advice Any information supplied by any employee or agent of Barrington, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Site, 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. 20. Termination Barrington reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination. 21. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and Barrington as a result of this Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or 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. Nothing contained in this Agreement is in derogation of Barrington's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Barrington with respect to such use. 22. Questions If you have questions or comments concerning the Agreement, you may contact Barrington at: Barrington Broadcasting Corporation 2500 W. Higgins Road, Suite 155 Hoffman Estates, IL 60169 Updated 5/2008. Copyright © 2008 Barrington Broadcasting Corporation. All rights reserved.