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Terms and Conditions of Use

Published On: Sep 11 2011 04:42:38 PM CDT

KXLY.com is a website designed to provide news and information for the community (the Service). KXLY.com is brought to you by KXLY Broadcast Group. ("KXLY"), which is part of Morgan Murphy Media.
These Terms of Use (Agreement) set out the legally binding terms for your use of the Website.  By using the KXLY.com Website (the Website), you agree to be bound by this "Agreement," whether or not you become a member ("Member").
KXLY may modify this Agreement from time to time, and such modification shall be effective upon posting on the Site. No such modification or amendment of the Agreement shall apply to a dispute of which we had actual notice on the date of amendment.  You agree to be bound to any changes to this Agreement when you use the Service after such modifications take effect. This Agreement includes and incorporates by reference KXLY's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and KXLY's Privacy Policy .  You are responsible for regularly checking the Website to review changes, if any, to this Agreement and/or KXLYs Privacy Policy.
If you have any concerns regarding privacy, contact us at privacy@kxly.com for more information.
1) Eligibility
Membership in the Service and use of the Website is void where prohibited.  Your use of the Website and the Service constitutes your representation and warranty that all registration information you submit is truthful and accurate and your agreement to maintain the accuracy of such information. You further represent and warrant that you are at least 13 years of age and that your use of the Site shall not violate any applicable law or regulation.  Any registration or use of the Website by anyone under 13 is prohibited.  Your profile may be deleted without warning if it is found that you have misrepresented your age.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. By using the Service or by becoming a Member, you acknowledge that KXLY reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
The Website (except for the Classifieds sections) is for the personal noncommercial use of Members and users only, and you shall not authorize others to use your account, including your profile or email address.  The Website may only be used in connection with those commercial endeavors that are specifically endorsed or approved by KXLYs management.  Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action will be taken by KXLY for any illegal or unauthorized use of the Website.
2) Ownership of Website Content
Except as otherwise noted, the information and/or software within the Website and/or the Service (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Website Content") are the exclusive property of KXLY or its licensors, other than content that you lawfully provide to the Website (User Content).  All Website Content is copyrighted and protected by worldwide intellectual property laws and treaty provisions.  Except as expressly provided herein, Website Content may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without KXLY's prior written permission. Except as expressly provided herein, KXLY grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Website Content in any manner other than as described in this Agreement, please contact us at news4@kxly.com .
You may not use any trademark or service mark appearing on our website without the prior written consent of the owner of the mark.  The following marks are the property of KXLY:"Never Miss a Story," KXLY Broadcast Group, KXLY Internet Services and KXLY.com.
Single Copy License
You may download one (1) copy of the Website Content on a single computer for your personal, non-commercial internal use only. This is a limited license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Content or use any Website Content for any commercial purpose, or any other public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software Website Content; (c) remove any copyright notice or other proprietary notices from any Website Content; (d) transfer the Website Content to another person; (e) upload or republish Website Content on any Internet, Intranet or Extranet site or database or compilation. You agree to prevent any unauthorized copying of the Website Content.  This license may be revoked at any time with or without cause or notice.  Any use of the Website Content other than as provided in this license is prohibited, and the license shall terminate upon any such prohibited use.
License to KXLY
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Service, you grant KXLY a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to: (a) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication, whether on the Website or on any other websites under KXLYs control; (b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted in subsection (a) with respect to the communication. The rights granted in this paragraph include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. This license will terminate at the time you remove such User Content from the Website.
Copyright and Designated Copyright Agent
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the owners prior written consent. Upon prompt notification to KXLY by the copyright owner or the copyright owner's legal agent, KXLY may terminate the membership of any Member who repeatedly infringes copyright.
We respect the copyright and other intellectual property rights of others, and we expect that users of our service will do the same. If you believe that copyright-infringing material is available on our site, please notify us immediately. Pursuant to the Digital Millenium Copyright Act, we have designated an agent for receipt of such notices:
Brian Burns
Vice President of Operations
Morgan Murphy Media
7025 Raymond Road
Madison, WI 53719
phone: (608)271-4321 email: brian@embtv.com

 

Your notice should provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3) Acceptable Use and Content
Visitors to the Website and Members are expected to adhere to the following acceptable use and content policies.  Please choose carefully the information you post on the Website and that you provide to other Members.  You agree that you are solely responsible for all Content published or displayed through your account, including any email messages and/or private messages and for your interactions with other Members.  You agree to maintain the security of your account information and password at all times.
You understand and agree that KXLY (1) does not and cannot review every message or other User Content submitted, posted, distributed or otherwise disseminated; (2) assumes no obligation to do so; and (3) is not responsible for content posted by third parties. KXLY does, however, reserve the right to refuse, delete, move or edit User Content that, in KXLY's sole discretion, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable or User Content that violates these Terms and Conditions and to disclose any information as necessary to satisfy any applicable law, rule, regulation, legal process or governmental request or to enforce our rights with respect to these Terms of Use of our Privacy Policy.  You agree that you waive any and all rights you may have with respect to the alternation, modification, or removal of your User Content.
As a condition of your use of the Website, you agree to use the Service in a manner consistent with any and all applicable laws and regulations, and you warrant to KXLY that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You are solely responsible for the User Content that you publish or display, including photos, images, profiles, messages, text, information, music, video and other content on the Service and or Website, as well as any material or information that you transmit to other Members. 
KXLY may offer chat rooms, discussion forums, bulletin boards, and other similar services (collectively, "Interactive Services"). KXLY does not control the User Content submitted to the Interactive Services.  We provide the Interactive Services for the convenience of our Users, but expect that you will use them responsibly. As a result, you agree that you will use the Interactive Services only to send and receive content that is proper to the Interactive Services.
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. 
Blogs and Commentaries
The opinions expressed on all blogs and commentaries are the personal opinions of the authors.  Blogs and commentaries published here are not reviewed or approved by Morgan Murphy Media before they are posted and do not necessarily represent the views and opinions of Morgan Murphy Media and/or KXLY.
Prohibited Content
KXLY reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, User Content that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • contains nudity, or violence;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • contains or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection, or providing pirated music or links to pirated music files;
  • contains encrypted, password-only or otherwise restricted access pages or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • contains material that you do not have the right to transmit under law or contractual or fiduciary relationships; or
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

Although we have the right to do so, we generally do not, and assume no obligation or duty to, screen, monitor, edit or review any User Content, but you agree that we have the right to monitor or remove any postings at anytime and without notice pursuant to these Terms of Use, our Privacy Policy or our agreements with third parties.

 

4)Prohibited Conduct
KXLY reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates engages in Prohibited Conduct, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.  Prohibited Conduct includes, but is not limited to:

  • restricting or inhibiting any other Member or user from using and enjoying the Interactive Services;
  • abusing, harassing, stalking, threatening, harming or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
  • submitting, posting, distributing or otherwise disseminating User Content that,

    • is Prohibited Content;
    • contains viruses, corrupted files, malware, spyware, adware or any other similar software or programs;
    • contains advertisements, any solicitation of funds, goods or services, or any other Content which has a primarily commercial purpose;
    • encouraging users to participate in surveys, contests, or chain letters;
    • compromising, or potentially compromising, the security of the Website;
    • causing damage to the Website or any Website Content; or
    • imposing a disproportionately large load on the WebSites infrastructure.
  • Covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
  • Any automated use of the system, such as using scripts to add friends;
  • Impersonating another person;
  • Using the account, username, or password of another Member at any time;
  • Disclosing your password to any third party or permitting any third party to access your account; or
  • Selling or otherwise transferring your profile.

To protect our Members from prohibited advertising or solicitation, KXLY reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which KXLY deems appropriate in its sole discretion.
Linking and Framing
You may link to our home page, provided that any such link does not imply any sponsorship of your site by KXLY. If you wish to link to material contained at other levels within the site, please contact us at links@kxly.com to request permission to do so.
You may not frame or otherwise incorporate into any other website or service any of the Website Content without KXLYs prior written permission. Requests for permission to frame our content may be sent to links@kxly.com . Hypertext links to third-party websites do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third-party website or the information contained therein.

5) DISCLAIMER OF WARRANTIES AND LIABILITY
The Website is provided for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. KXLY is not responsible for any incorrect or inaccurate Website Content or User Content, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service.
KXLY is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. KXLY is not responsible for the stations or conduct of, and does not guarantee the performance of goods and services provided by, any of our advertisers or by any third party, including third parties to whose website we link. The links on this Website are designed for convenience only, and do not constitute an endorsement by KXLY of that site or any product, service or other material offered on that site.
Information provided by other KXLY.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and KXLY assumes no responsibility or liability for this material. KXLY reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline KXLY event, you agree to release and hold KXLY harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline KXLY event.
KXLY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. KXLY is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall KXLY be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. KXLY cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
This site is controlled and operated by KXLY from its offices within the United States of America.  KXLY makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of and U.S. export law or regulation.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE CONTENT, AND YOU AGREE THAT YOU RELY ON THE CONTENT SOLELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS," WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL KXLY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY HYPERLINKED WEBSITE, EVEN IF KXLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KXLY DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF KXLY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.)
6) Termination
This Agreement remains in effect until terminated by KXLY, and such termination may occur at any time without notice for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to KXLY. In the event of termination, you are no longer authorized to access the Website, and the restrictions imposed on you with respect to material downloaded from the Website, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. You may terminate your Membership at any time.
7) Jurisdiction; Miscellaneous
The Agreement has been made in and shall be construed in accordance with the laws of the State of Washington without giving effect to its conflict of law provisions. By using the Website, you consent to the exclusive jurisdiction of the appropriate state or federal courts in Washington in any dispute arising out of or relating to the Agreement or use of the Website. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any rights not expressly granted herein are reserved by KXLY.
All disputes and claims for damages relating in any way to the performance, interpretation, validity or breach of these Terms of Use will be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association (or its successor).  In the event that the American Arbitration Association (or its successor) is not then in existence and in the business of resolving commercial disputes through arbitration, final and binding arbitration will be conducted pursuant to the last effective commercial arbitration rules of the American Arbitration Association. Each party shall be responsible for its own legal fees and expenses incurred in connection with any arbitration or judicial proceedings arising out of this Agreement.  The fees and expenses of the arbitrator(s) (and if applicable any court costs) shall be borne equally by the parties.
8) Disputes Among Members or Users
You are solely responsible for your interactions with other Members or Users. KXLY reserves the right, but has no obligation, to monitor disputes between or among Members or Users.
9) Indemnification
You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Website Content or User Content. You agree to indemnify, defend and hold harmless KXLY Broadcast Group., its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers 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 Website or your use of the Website Content or User 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 Web Site through your user information.

10) Other
This Agreement constitutes the entire agreement between you and KXLY regarding the use of the Website and/or the Service and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The failure of KXLY to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 
Please contact us with any questions regarding this Agreement.

Jerry Post
Site Manager | KXLY.com
jerryp@kxly.com

Revised: July 2, 2010

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