- The Service is currently accessible free of charge via the Internet through computing devices. The Service may in the future be accessible through other telecommunication devices and the Station may at any time elect to charge for use of the Service or any part thereof. As part of the Service, Users are provided access to various forms of content which may include news, local community information, editorials, chat room postings, links to other Internet websites and other computer services that Station may from time to time elect to offer, all subject to the terms hereof. The Station may provide, as part of the Service, message boards, bulletin boards and/or chat services (the “Community Areas”) as well as games and/or contests (collectively, “Games”). Station may, in its sole discretion and without prior notice, discontinue or alter any aspect of the Service, including, but not limited to, by (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types, telecommunication devices, and operating systems), (iii) restricting the amount of use permitted, and/or (iv) restricting or terminating the right of any User to use the Service. The User is responsible for all charges (e.g., telephone, cable modem, DSL, computer equipment, etc.) associated with using the Service. The Service may contain material derived in whole or in part from information and/or material supplied and owned by Station or by other sources. The contents of the Service are protected by copyright, trademark, and other applicable laws. No User may modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based upon, or distribute in any way any code, software, or other material that comprises any part of the Service (“Material”). Users may download Material from this Service for their personal, noncommercial use only and must keep intact all copyright and other proprietary notices. Users are granted the limited license stated above for Material accessed from the Service. The Station does not grant or transfer to the User any further rights to such Material.
- Station may, at any time, terminate the license granted herein and terminate a User right to use the Service, for any reason including for violation of the terms of this Agreement.
- No User may, in connection with the Service, (i) restrict or inhibit any other User from accessing, posting to, or otherwise using Community Areas, Games, or other parts of the Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) post or transmit any comment containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments; (iv) engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (i.e., endless repeating of the same message); (v) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other intellectual property or proprietary right, without first obtaining permission from the owner or right holder; (vi) post or transmit any information, software or other material which contains a virus, bot, worm or trojan horse, or other harmful component; (vii) post or transmit content that encourages or provides instructions about any illegal activity, such as, without limitation hacking, cracking or phreaking; (viii) post, transmit or in any way exploit for commercial purposes any information software or other material which contains advertising; (ix) solicit other Users to join, become members of, or contribute money to any online service or other organization; (x) advocate or attempt to get Users to join in any illegal scheme or participate in any such scheme involving other Users; (xi) impersonate any person or entity or falsely state or otherwise misrepresent a professional or other affiliation with any person or entity; (xii) resell, redistribute, broadcast or transfer any information in the Service or use such information in a searchable, machine-readable database; or (xiii) use the Service to collect personally identifying information about Users of the Service.
- User acknowledges that all Communication is provided by Users who are unaffiliated with Station, and the User providing each such Communication is solely responsible for the content thereof. Users acknowledge that Station is not required to review any Communication, that such Communication may not contain correct information, and that the User posting such Communication may not have accurately identified himself and/or his affiliation with third parties.
- User assumes the obligation to insure that nothing communicated in connection with the Service will compromise the User’s personal safety. User recognizes that User should not provide his/her name, phone number or any other personally identifying information to any other user or person that the User does not know.
- Although Station welcomes input from Users regarding the Station’s programs and services, in order to avoid the possibility of future misunderstandings and claims that any work of the Station is similar to a work submitted by a User, Station does not accept or consider any creative idea, suggestion, materials or other work submitted by a User unless specifically requested by Station. Accordingly, User agrees not to send any original creative materials to Station. If a User sends any creative suggestion, idea, note, drawing, concept, or other information (each a “Submission”) to Station at Station’s request, or despite Station’s request that no User do so, sends Station an unsolicited Submission, the Submission shall be deemed, and shall remain, the property of Station. No Submission shall be subject to any obligation of confidence on the part of Station, and Station shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, Station shall own all rights of every kind and nature now or hereafter existing in and to the Submissions and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the User or other originator of the Submission.
- Disclaimer of Warranties. The Service may provide links and pointers to internet sites that are maintained by third parties (“third party sites”) and may from time to time provide third party materials as part of the service. Neither Station, nor its parents, subsidiaries or affiliated companies or suppliers operate or control in any respect any information, products or services available in connection with such third party sites. All contents of the Service are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Station disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and warranty of non-infringement. Station does not warrant that any function of the Service will be uninterrupted or error free, that defects will be corrected, or that any part of the Service, including the Community Areas and Games, and the server that makes them available, will be free of viruses or other harmful components. Station does not warrant or make any representation regarding the use or the results of the use of the Service or any third party site and Station does warrant or make any representation regarding the correctness, accuracy, timeliness, or reliability of the Service or any third party site. User assumes all risk of errors and/or omissions in the Service, including the transmission or translation of information. User assumes full responsibility for implementing sufficient procedures and checks to satisfy User’s requirements for the accuracy and suitability of the Service, including information contained therein and transmitted in connection therewith, and for maintaining any means which User may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. User assumes the entire cost of all necessary maintenance, repair or correction.
- Limitation of Liability. In no event shall Station, its parents, subsidiaries, affiliated companies or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this Service or with the delay or inability to use this Service, or for any information, software, products and services obtained through this Service, or otherwise arising out of the use of this Service, whether based on contract, tort, strict liability or otherwise, even if Station, its parents, subsidiaries, affiliated companies and/or suppliers have been advised of the possibility of damages. User specifically acknowledges and agrees that Station, its parents, subsidiaries, affiliated companies and suppliers shall not be liable for any defamatory, offensive or illegal conduct of any User of the Service. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
- User agrees to defend, indemnify and hold harmless Station, its parents, subsidiaries and affiliated companies and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Service; (c) any noncompliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
- This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled in any of the following ways: (a) immediately upon receipt of written notice by Station of its intent to terminate this Agreement; (b) upon thirty (30) days written notice from User to Station that Users wishes to terminate this Agreement; (c) immediately by Station for any unauthorized access or use by User, including, without limitation (i) concurrent access of the Service with identical user identification names or numbers, if identification names or numbers are in use in connection with the Service, (ii) permitting another person or entity to use your user identification name or number to access the Service, if identification names or numbers are in use in connection with the Service, or (iii) any other access or use of the Service not expressly authorized by this Agreement; (d) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service; or (e) by Station pursuant to Section 18 below. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Station may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to User will terminate and revert to Station and its licensors.
- All trademarks, service marks and trade names used on the Service are either the property of Station or third parties, and none of such trademarks may be copied, downloaded or otherwise exploited without the permission of Station or the owner of such trademark, service mark or trade name.
- Any person who has agreed to allow such person’s minor child, or a child for whom the person is legal guardian (a “Minor”), to become a User and/or obtain an identification name or number for use of the Service (if identification names or numbers are in use in connection with the Service), agrees to be solely responsible for: (a) the online conduct 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.
- Children’s Online Protection Privacy Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, Station hereby provides notice that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors
- Station, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate User’s license and right to use the Service if it determines in its sole and absolute discretion that User is involved in infringing activity, including alleged acts of first time or repeat infringement, regardless of whether the material or activity in question is ultimately determined to be infringing. Station accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Station has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
1990 S. Bundy Drive, Suite 850
Los Angeles, CA 90025
By Phone: (310) 478-1818
By e-mail: firstname.lastname@example.org
Any notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent in writing to our designated agent, listed above, and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of any copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit Station to contact the person making the request, such as the person’s address, telephone number, and/or electronic mail address.
- A statement that the person making the request has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person making the request is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
- Station reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to Users by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by any User shall be deemed to indicate the User’s acceptance of any such amendments, modifications, additions or deletions.
- Unless otherwise specified, the materials on this Service are presented solely to provide information regarding and to promote Station’s services and other products available in the United States, its territories, possessions and protectorates. This Service is controlled and operated by Station from its offices within the State of California, United States of America. Station makes no representation that materials on this Service are appropriate or available for use outside the United States. Those who choose to access this Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Service is further subject to United States export controls. No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, persons using this Service represent and warrant that they are not located in, under the control of, or a national or resident of any such country or on any such list.
- This Agreement and any dispute arising from it shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. User agrees to the personal jurisdiction by the state and federal courts sitting in Los Angeles County in the State of California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Station representatives and User. No person may assign any of the person’s rights, obligations or privileges hereunder without the prior written consent of Station. Any attempted or purported assignment in violation of this Section shall be void. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. Any titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.