By providing photographs, video footage, information, or other content (“Content”) to Gray Television Broadcast Group, Inc. or its affiliates (“Gray”), you represent and warrant that you are the sole and exclusive owner of all rights to such Content. Further, you hereby expressly grant to Gray an irrevocable world-wide license in perpetuity to reproduce, distribute, publicly perform, and display the Content, create derivative works based on the Content, and otherwise use and exploit all or any part of the Content in any language whether in connection with Gray’ broadcast, website, or otherwise.
You represent and warrant that the Content is not defamatory in nature and that Gray' use of the Content shall not infringe the proprietary rights of any third party, and you shall indemnify Gray for any claims brought against Gray based on its use of the Content. Gray may use any such submitted Content in its sole discretion by any method now existing or later developed for any purpose including, but not limited to developing, creating, manufacturing or marketing products or services.
You agree that you shall waive all claims and have no recourse against Gray for any alleged or actual infringement or misappropriation of any proprietary rights in any Content submitted to Gray. Any Content you send to Gray will be treated as non-confidential and non-proprietary. If your voice, likeness, photograph, or other rights of publicity appear in the Content, you hereby grant to Gray an irrevocable world-wide license in perpetuity to use your rights of publicity in connection with the Content for any purpose including, but not limited to developing, creating, manufacturing or marketing products or services
GRAY TELEVISION GROUP, INC. LEGAL TERMS FOR WEBSITE USAGE
This Agreement applies to all uses of the Service, including, but not limited to, posting of information to a user-created web page, 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.
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 email@example.com
1. Copyright Rights All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, 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 firstname.lastname@example.org or send a letter to the following address:
Gray Television Group, Inc.
Attn: Lisa Bishop
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.
2. Notice of Copyright Infringement As stated above, GTGI prohibits the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied 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
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.
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 it's 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 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.
If a 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 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 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. 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.
10. Posting of Information in Public Areas If you transmit, distribute, post, communicate or store ("post") information in a public area, such as a 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 information that is copyrightable, unless you are 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 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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 Jan. 1, 2007.
Copyright © 2007 Gray Television Group, Inc. All rights reserved.
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