This Legal Terms for Website Usage
does not cover the "Ask the Experts" advertising feature on this website. Please
see the separate terms of use agreement on the
Ask the Experts
homepage. Gray Television Group, Inc. (collectively referred to as "GTGI"),
provides this information to you, subject to the following terms, conditions and
notices contained or referenced herein (the "Agreement"), which govern your use
of websites on the Internet owned and operated by GTGI (the "Service").
This Agreement applies to all uses of the Service, including, but not limited
to, posting of information to a user-created web page or comments to a blog,
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. The Service’s
Privacy Policy,
and the Rules of Participation are hereby incorporated in this Agreement by
reference. To the extent that there is a conflict between this Agreement and the
specific Rules of Participation for the activity in which you choose to
participate, this Agreement shall govern. Please
read this Agreement carefully. 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
lisa.bishop@gray.tv
1. Copyright Rights All copyright rights in the text, images,
photographs, graphics, user interface, and other content provided on the Service
by GTGI or its third-party licensors, 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 lisa.bishop@gray.tv or send a
letter to the following address:
Gray Television Group, Inc.
Attn: Lisa Bishop
Manager
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.
While this section concerns copyrights held
by GTGI and its third-party licensors, you must accept as a condition of using
the Service that you may not transmit, distribute, post, communicate or store
("post") copyrightable information to the Service without either (i)
being the copyright owner or (ii) having the express consent of the copyright
owner.
2. Notice of Copyright Infringement If you
believe that your work has been posted by a user 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
Phone: 202-719-4551
Email: dmcaagent@gray.tv
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.
4. Privacy Policy You agree and consent to the terms of the GTGI
Online Privacy Policy, a copy of which you should review by clicking on Privacy
Policy at the bottom of this page.
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 its 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: Products Sold by GTGI
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. For products sold
Advertised by Classified Pages, please see section 9 below.
If a GTGI 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 GTGI 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 GTGI 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. Classifieds: Products Advertised by Users
In addition to directly offering Products for sale as described above, this
Service may display advertisements for the sale of certain goods ("Classifieds")
submitted by users of the Service.
A user who submits such an advertisement (the "Seller") must certify that our
Prohibited Items
List does not bar the advertisement for sale of that item.
We reserve the right to reject or remove any advertisement, regardless of
whether the item advertised for sale is included on the Prohibited Items list.
We may deactivate the accounts of users who submit multiple
advertisements we deem inappropriate. Sellers are entirely
responsible for the content of their advertisements.
Our Classifieds service allows users ("Buyers") to browse the Classifieds
submitted by Sellers and to contact each Sellers about purchasing items
advertised for sale. We have no responsibility or liability
whatsoever to either Buyers or Sellers for such transactions.
We may charge Sellers a fee to post listings with special features ("Premium
Listings"). All fees paid will be non-refundable in the event
that a Classified is removed from the Service for violating this policy.
You understand, acknowledge and agree that GTGI merely provides a forum where
anyone can offer, sell or buy certain items, on terms of sale determined solely
by the buyer and seller. Unlike an auctioneer web site, GTGI
is not involved in the actual transaction between buyers and sellers, and
ultimately has no control over the quality, safety or legality of advertised
items, nor any matters relating to the completion of transactions.
Therefore, GTGI 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 Classifieds on the Service.
10. 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.
11 Posting of Information in Public Areas If you transmit, distribute,
post, communicate or store ("post") information (including, without limitation,
text, photos and videos) in a public area, such as a blog comment forum, 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 copyrightable information without either (i) being the
copyright owner or (ii) having the express consent of 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 posted by
users as we deem 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 February 29, 2008. Copyright © 2008 Gray
Television Group, Inc. All rights reserved.