Terms of Use

Published On: Oct 06 2011 10:14:05 AM EDT
Updated On: Mar 31 2013 12:00:00 PM EDT

WKMG-TV6 ("WKMG") and its parent, affiliated and related companies (collectively referred to herein as "we", "us", "our" or "WKMG"), operate this Web site, mobile site (the "Site") or App to provide news data and information, related features and services (the "Service"). The terms and conditions set forth herein (the "Terms of Use") constitute a legally binding agreement between us and you regarding the terms on which we offer you access to the Service.
1. Your Use of the Service and this Site or App is Governed by These Terms of Use. Please take a few minutes to review the Terms of Use. By accessing and using this Site or App, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Site or App. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Site or App for any purpose.
2. These Terms of Use May Change Without Prior Notice
We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site or App following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Site or App. The last date these Terms of Use were revised is set forth below.
3. Your Use of the Site, App, Service, Content – Permissions and Restrictions
The Service, the Site or App and all data and information and/or content that you see, hear or otherwise experience on the Site or App (the "Content") belongs to us, our partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by the Associated Press and other third parties is used on the Site or App with the permission of the Associated Press or such third parties.
a. Restrictions on Use
You may use the Site or App, the Service and the Content solely for your personal, non-commercial use as set forth in these Terms of Use, provided that:
1. You shall not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
2. You shall not distribute in any medium any part of the Content without WKMG's prior written authorization, unless WKMG makes available the means for such distribution through an embeddable video player or other functionality offered by the Site, App or Service. You may download, print and store selected portions of the Content subject to these Restrictions on Use. You may show WKMG videos through the embeddable video player, or other Content if made available to be shared, on a website, mobile site or app only if WKMG makes functionality available for such use and only if such Content is marked with a “share” “copy” “embed” or similar link displayed by WKMG on the Site, App for that Content.
3. You shall not access Content through any technology or means other than the explicitly authorized means WKMG may designate.
4. You agree not to use the Content for any of the following commercial uses unless you obtain WKMG's prior written approval:
o the sale of access to the Service or Content;
o the sale of advertising, sponsorships, or promotions placed on or within the Content; or
o the sale of advertising, sponsorships, or promotions on any page of an ad-enabled web site, mobile site or app containing Content delivered via the Site or App, unless other material not obtained from WKMG appears on the same page and is of sufficient value to be the basis for such sales.
5. If you use the embeddable video player on your web site, mobile site or app, you may not modify, build upon, or block any portion or functionality of the embeddable video player, including but not limited to links back to the WKMG Site or App.
6. In your use of the Site or App, Service and Content, you will comply with all applicable laws.
No right, title or interest in any Content is transferred to you as a result of any copying, downloading or embedding of such Content. We reserve complete title and full intellectual property rights in any Content you copy, download or embed from this Site or App.
You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Site, App or Service, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Site or App without express written consent from the trademark owner unless they are embedded in the Content available for use, or except as otherwise permitted by applicable law. WKMG may disable video players, remove shared content, discontinue any aspect of the Site, App or Service or terminate your use of the Content at any time without notice. You agree to remove any videos from your web site, mobile site or App upon request of WKMG, and your continued use of the Site or App is subject to compliance with any such request made by WKMG.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, App or Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, App or Service or the Content therein.
b. Specific Restrictions on Use of Associated Press Material
Content provided by the Associated Press, including information, data, text, photographs, graphics, audio and/or video material, shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and may not be stored in a computer except for personal and non-commercial use. The Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from.
4. Disclaimer of Warranties YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE OR APP AND THE SERVICE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, APP OR THE SERVICE. 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, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SITE OR APP, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR APP, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE SITE, APP OR THE SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE, APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, APP OR THE SERVICE WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE SITE, APP OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE SITE OR APP, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
a. Specific Disclaimer For Downloading of Files We cannot and do not guarantee or warrant that files available for downloading through the Site or App will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Site, App or the Service, the accuracy of any information or content provided through the Site, App or the Service, or quality of any file used in conjunction with the Site, App or the Service is solely and exclusively with you the user.
b. Specific Disclaimer for International Use We make no representation that information or content provided on the Site or App is applicable or appropriate for use in locations outside the United States. Portions or versions of the Site or App that have been translated into any language other than English are provided for the convenience of the user only. We make no representation or warranty that the translations are complete and accurate and we, by providing some content in a language other than English, undertake no obligation to provide translations of all or any portion of the Site or App in any language except as determined by us. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content and online conduct.
5. Limitation of Liability IF YOU ARE DISSATISFIED WITH THE SITE OR APP OR ANY CONTENT ON THE SITE OR APP, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR APP. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR APP, THAT YOUR USE OF THE SITE OR APP IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
a. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR APP, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN,
b. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR APP, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE SITE OR APP,
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, APP OR THE SERVICE, OR
e. ANY OTHER MATTER RELATING TO THE SITE, APP OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. Indemnification You understand and agree that you are personally responsible for your behavior on the Site or App and for your use of the Content. You agree to indemnify, defend and hold harmless us, our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Site, App or the Service or your use of the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site, App or Service through your user account.
7. Personal Information and Privacy Policy
We may monitor, record, collect and use for any lawful purpose information generated through your use of the Site, App or the Service. The collected information is subject to our Privacy Policy. Your obligations under these Terms of Use are in no way conditioned on us complying with the terms of our Privacy Policy.
8. User Conduct
You agree not to take any action that interferes with the proper working of the Site or App; imposes an unreasonable or disproportionately large load on the Site or App's infrastructure; might compromise the security of the Site or App; render the Site, App or the Service inaccessible to others; or otherwise cause damage to the Site or App or any Content contained on the Site or App. You agree not to add to, subtract from, or otherwise modify the Content on the Site or App except as expressly authorized by us in these Terms of Use or by a written agreement between you and us.
On some parts of the Site or App, you can post messages or express your comments on a given topic to which others can respond. You agree not to upload, distribute, post or otherwise publish through the Site, App or the Service:
a. any information, data, text, software, photographs, graphics, messages, comments, videos or other material ("Material") that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
b. any libelous, defamatory, obscene, threatening, sexually explicit, pornographic, abusive, or otherwise illegal Material;
c. any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
d. any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e. any Material that harms minors in any way;
f. any Material that violates a person's right to privacy;
g. any Material that contains or advocates illegal or violent acts;
h. any Material that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification;
i. any Material that is predatory, hateful, or intended to intimidate or harass;
j. any Material that contains advertising or solicitation of any kind;
k. any Material that misrepresents your identity or affiliation; and/or
l. any Material that impersonates others.
You agree that any Material you submit shall be submitted in the English language only.
You certify that you are at least 13 years of age. If you are under the age of 18 but at least 13 years of age, you may submit Material only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual at least 13 years of age but not 18 years of age, please be advised that you are fully responsible for his or her submission and any legal liability that he or she may incur.
You certify that you have the permission of others who have contributed to or are featured in any Material you submit. If there are any individuals under the age of 18 in any photos; video; or other content that you submit, you must obtain the permission of each such individual's parent or legal guardian prior to submitting the Material.
If you post anything on the Site or App, you guarantee to us that you have the legal right to post your material and that it will not violate any law or the rights of any person or entity. By posting Material on the Site or App, you give us the royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute, display and create derivative works from this Material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You also acknowledge and agree that you are solely responsible for the content of any of your messages. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You agree that any Material that you submit to the Service, Site or App may be edited, removed, modified, published, transmitted, and/or displayed by us, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your Material.
By using the Site or App, you understand and agree that we are not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor do we endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. Although we have the right to do so, we generally do not, and assumes no obligation or duty to, screen, monitor, edit or review any third-party postings. We generally have the right to monitor or remove any third-party postings at any time and without notice pursuant to these Terms of Use, our Privacy Policy or our agreements with third parties. From time to time, we receive requests to disclose the identities of users who post messages to the Site or App. If we disclose the identity of a user pursuant to the Terms of Use or our Privacy Policy, you understand and agree that we may do so. You also acknowledge that portions of the Site or App contain unedited materials, some of which may be offensive to you. You access such materials at your own risk. We have no control over and accept no responsibility whatsoever for such materials.
9. General Provisions
a. Entire Agreement
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies
The information in the Site or App may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. No Endorsements of Links
Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that we are not responsible for the availability of any such Web sites and that we do not endorse or warrant, and are not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will we be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.
d. Enforcement
We will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Site or App and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, we may obtain full recovery of all damages we suffer and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of state court in Orange County, Florida, or federal court in the Middle District of Florida, Orlando Division, U.S.A., regarding any and all disputes relating to these Terms of Use, our Privacy Policy, your use of the Site or App, any other of our web sites, mobile sites or apps, the Service, or Content or Material contained therein.
e. Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you agree to immediately notify us of any claimed copyright infringement. You further agree to provide our copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512: i. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;ii. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity 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;iv. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;v. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; andvi. 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 you, the owner of an exclusive right that is allegedly infringed. Our Copyright Agent, for notice of claims of copyright infringement on or relating to this Site, can be reached either by:
1. sending an e-mail request to:
websitepolicy@grahammedia.com; or
2. sending a letter via the U.S. Mails to:
WKMG-TV6
Attn: News Director
4466 John Young Parkway
Orlando, Florida 32804
f. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.
g. General Contact Information
If you have any questions about these Terms of Use, the practices of this Site or App, or your dealings with this Site or App, you may contact us by: 1. sending an e-mail request to websitepolicy@grahammedia.com; or 2. sending a letter via the U.S. Mail to:
WKMG-TV6
Attn: News Director
4466 John Young Parkway
Orlando, Florida 32804

Effective: March 31, 2013