WAKA.com Terms of Use

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1. BINDING TERMS OF USE
Welcome to the www.waka.com website ("Site"). This Site is provided to you by WAKA CBS-8 ("we," "us" or the "Station"), an Alabama Telecasters station. These Terms of Use constitute a binding legal contract between you and us and sets forth the terms that govern your access to the Site. PLEASE READ THESE TERMS OF USE CAREFULLY. BY VIEWING, BROWSING, ACCESSING OR USING THIS SITE, THROUGH AUTOMATED PROCESSES OR OTHERWISE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.

We reserve the right to modify these Terms of Use in the future as we deem necessary. If we do modify these Terms of Use, we will post the updated Terms of Use on this Site and change the "Last Updated" date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

2. RIGHTS AND RESTRICTIONS RELATING TO OUR CONTENT
License Grant. We may provide via the Site information, data, text, images, software and other materials created by us or our licensors or uploaded to the Site by our advertisers, users and/or third party partners (the "Content"). The Content available through this Site constitutes our property or the property of our affiliates, advertisers, users, third party partners and/or licensors, and is protected by state, national and international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Site is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content or material, including code or software, from the Site. You may download material from the Site and may use the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Associated Press Materials. Some of the Content on our Site may be provided by the Associated Press. By using this Site you acknowledge that (1) Associated Press text, photo, graphic, audio and/or video material will not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in these materials or in the transmission or delivery of all or any part of these materials or for any damages arising from any of the foregoing.

Trademarks. The trademarks, service marks, product and service names, and other corporate indicia of the Station and Alabama Telecasters (our "Marks") are the property of Alabama Telecasters. You agree not to display or use in any manner any of our Marks without our prior written permission. Linking and Framing. You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us. However, you may not, without our prior written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of our or their licensors.

3. USER-SUBMITTED CONTENT / INTERACTIVE FEATURES
Responsibility for User-Submitted Content. Our Site may include public posting areas and interactive features, such as bulletin boards, web logs, chat rooms, forums and other community publishing areas that allow users to post content and materials for display on the Site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to or link to from the Site.

Your License to Us. By submitting material to us, you represent that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any message boards, classifieds, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers, may reproduce, modify, disclose and distribute such material as we see fit in any medium and for any purpose. You grant us, and our partners, agents, affiliates and service providers, the world-wide, royalty free and non-exclusive license to reproduce, modify, disclose, distribute, adapt, broadcast and publish such material on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, disclose, adapt, publish, broadcast, translate, create derivative works from, distribute, perform and display such material (in whole or part), via the Site, or via the Station, or otherwise, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our partners, agents, affiliates and service providers, may identify you as the author of any of your postings by name, email address or screen name as we deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for any materials submitted by to a public posting or interactive area of the Site.

Prohibited Acts. By using our Site, you agree that you will not submit, post or otherwise make available on the Site any content or material that: is profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Site; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harms minors in any way; impersonates any person or entity, including, but not limited to, a Site employee, forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity; includes personal or identifying information about another person without that person's explicit consent; is false, deceptive, misleading, or deceitful; infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party; you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violates any applicable local, state, national or international law.

You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users' ability to use the Site.

General Restrictions. You acknowledge that we may establish general practices, limits and restrictions concerning use of any public posting areas of our Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.

4. REGISTRATION TO ACCESS CERTAIN FEATURES
From time to time we may include on our Site features or services that can only be accessed by registering with the Site. As part of such registration, we may ask you to provide personally identifiable information, such as your name and email address, and to create a username and/or password. If you register to use any such feature(s) or service(s), you agree to provide true, accurate, current and complete information about yourself on all Site registration form(s). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. You are responsible for maintaining the confidentiality of any password(s) and account(s) created by you in connection with a registration process on our Site, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to protect your password or account information.

We also may offer contests, sweepstakes or other promotions on our Site, and may offer you the opportunity to subscribe to email newsletters on topics that we believe are of interest to our users. If you have opted to enter a contest, sweepstakes or promotion, or have opted to receive a particular newsletter, the entry, email and other information you submit via the Site will be governed by the terms of our Privacy Policy.

5. LINKS TO THIRD PARTY SITES
Our Site may include links to websites offered or maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site(s). In addition, a third party may have privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies; we recommend that you read all applicable policies of such third party website(s) before submitting any personally identifying information.

6. E-COMMERCE TRANSACTIONS
This Site may (now or in the future) offer the ability to purchase one or more products or services offered by us or by third parties. You agree to be financially responsible for any purchases made by you or someone acting on your behalf through the Site. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

7. NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via this Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Russell J. Schwartz, Senior Vice President/General Counsel, Bahakel Communications, One Television Place, Charlotte, NC 28232 or by email to RSchwartz@bahakel.com . Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) 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. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

8. DISCLAIMERS
YOU EXPRESSLY AGREE TO ASSUME FULL RESPONSIBILITY FOR, AND ALL RISKS RELATED TO, YOUR USE OF THIS SITE. WE MAKE NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS SITE, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NONINFRINGEMENT, WITH RESPECT TO THIS SITE AND ANY INFORMATION OR CONTENT ON THIS SITE (INCLUDING THIRD PARTY INFORMATION). WITHOUT LIMITING THE FOREGOING, We do not warrant that thIS Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site or the servers that make it available are free of viruses or other harmful components. We LIKEWISE do not warrant or make any representations regarding the use OF, or the results of the use of, thIS Site or CONTENT OR INFORMATION ON this Site or ON third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE, OR OF ANY INFORMATION OR CONTENT ON THIS SITE (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS AND RELIABILITY OF ALL CONTENT ON THIS SITE. THIS SITE, AND THE INFORMATION AND CONTENT ON THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

You must provide, and are solely responsible for, all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. This Site is provided for informational purposes only and is not intended for any other purposes. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs.

9. LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY CONTENT ON THIS SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, including, but not limited to, negligence, will THE STATION OR ITS PARENT COMPANY OR AFFILIATES be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Site, including any materials, products, or services, or third-party materials, products, or services, made available through the Site, even if we are advised beforehand of the possibility of such damages. YOU FURTHER AGREE THAT IN NO EVENT WILL THE STATION'S OR ITS PARENT COMPANY'S OR any of its affiliates' AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS). (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of the STATION and its parent company and affiliates is limited to the fullest extent permitted by such state law.)

10. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on this Site and for your use of the Content. You agree to indemnify and hold this Site, the Station, Alabama Telecasters, their respective subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each of the foregoing, harmless from any liability of any nature arising out of or related to (i) your use of the Site (including the Content), (ii) any violation by you of these Terms of Use, (iii) any content or materials submitted to or displayed on the Site by you or by others using your username, password or account (if applicable), or (iv) any activity related to your user account (including negligent or wrongful conduct by you or any other person accessing the Site through your user account), if applicable.

11. TERMINATION
You agree that, in our sole discretion, we may cancel or terminate your right to use this Site, or any part of the Site, at any time, and may remove and discard any materials that you submit to the Site, without notice, for any reason (including without limitation in the event we believe you have violated, or acted inconsistently with the letter or spirit of, these Terms of Use). The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, will survive any such termination. You agree that we will not be liable to you or any third-party for any termination of your password, account or use of this Site, or any removal of any materials that you have submitted to the Site.

12. MISCELLANEOUS
These Terms of Use, together with our Privacy Policy and any other terms and conditions set forth on our Site applicable to a particular feature or service, constitute the entire agreement between us and you with respect to the subject matter contained herein, and supersede all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Use, these Terms of Use will govern. These Terms of Use will be governed by and construed in accordance with the laws of the state in which the Station is located, without giving effect to any conflicts of law principles, and if any proceedings arise out of these Terms of Use or your use of the Site, the venue for such proceedings will be in a federal or state court in the county in which the Station is located. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any other provision(s). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, or these Terms of Use, must be filed within one year after such claim or cause of action arose or be forever barred, and you irrevocably waive any right you may have to a jury trial in any such claim or cause of action.  

 

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