WLNY-TV 10/55

WEBSITE TERMS OF USE & PRIVACY POLICY


TERMS OF USE

YOUR USE OF OUR SITE OR YOUR PROVIDING TO US OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE SEPARATE PRIVACY POLICY (THE "PRIVACY POLICY") INCLUDED HEREIN. DO NOT USE THE SITE OR PROVIDE PERSONAL INFORMATION IF YOU DO NOT AGREE TO THE TERMS.

This website is owned by WLNY-TV INC. (“WLNY”). These Terms of Use are an agreement between WLNY and you and govern your use of the Site and all personal information submitted through it.

1. Restrictions

YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE CONTENT OF THIS SITE SOLELY FOR YOUR INDIVIDUAL USE AND INFORMATIONAL PURPOSES. YOU MAY NOT SELL THE CONTENT OR OTHERWISE DISTRIBUTE THE CONTENT FOR A FEE. YOU WILL NOT USE OR DISCLOSE THE CONTENT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.

This Site and your use of it is subject to the laws of the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any applicable local laws.

2. Attribution of Electronic Acts to You
You agree that all actions of WLNY using any of the information provided by you will be attributed to and legally bind you.

3. Content
YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT ON THE SITE. We reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of WLNY.

Information on the Site may be outdated or contain typographical errors, inaccuracies, or omissions and you agree not to rely upon it.

4. Site Privacy and Information Security
The Privacy Policy is part of these Terms and is incorporated herein.

5. Infringement Of Our Rights or the Rights of Others; Your Warranty
Our Site, including all Content, is protected by intellectual property laws and you agree to respect them. All rights are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement, may provide a notice to our copyright agent.

7. Indemnification
You agree to indemnify, defend and hold harmless WLNY, our agents and affiliates and their respective officers, directors, employees and agents, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of your use of the Site or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent.

8. NO WARRANTIES, CONDITIONS OR OTHER DUTIES
THE SITE AND ALL CONTENT, SITE FUNCTIONALITY AND SERVICES (collectively, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY US "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY, OR LACK OF NEGLIGENCE OR INTERRUPTION OR OF VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS. ALSO, THERE IS NO WARRANTY BY US OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY MATERIAL THROUGH THE USE OF THE SITE ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WLNY NOR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("PROTECTED PARTIES") WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF SUCH PROTECTED PARTIES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

10. EXCLUSIVE REMEDY; DAMAGE LIMITATION
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE FOR ANY REASON BY WLNY, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.

11. Linked Sites; Third Party Services
Our Site may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the inked site or anything on it. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).

12. Amendments
You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy ("Amendments"). Amendments will take effect as specified in the Terms of Use ("Effective Date"), and will apply to all information that was collected before or after the Effective Date. Changes will be effective when they appear in these Terms or in the Amendments as posted by us on the Site. Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDMENT DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENTS.

13. GOVERNING LAW AND EXCLUSIVE JURISDICTION
These Terms and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Suffolk County, New York.

14. Legal Notices
Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Site. You also agree that if we have your email address, we may send notice by email at our discretion, including legal notices and notice of subpoenas or other legal process (if any). We may use for your notice address, any email address you provide when communicating with us or that we otherwise have in our records. You agree to check for notices posted on the Site.

Notice to Us (our Legal Notices Address): You agree to send us notice by mailing it, or sending it via overnight courier service, to the following address ("Our Legal Notice Address"):

Notice Regarding Trademarks; All rights reserved
The trademarks used in the Site are owned by (1) WLNY or (2) their respective trademark owners. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved

Notice Regarding Copyright ownership; All rights reserved
All aspects of the Site, including services provided on the Site and any Content provided on the Site are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by WLNY. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior consent of WLNY or its designee. Modification or use of the Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with WLNY.

Notice Regarding Copyright Agent
WLNY respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site.

Copyright infringement claims and notices should be sent in the following manner to:

WEBSITE PRIVACY POLICY

This website is owned and operated by or on behalf of WLNY. We recognize that visitors to our site may be concerned about the information they provide to us, and how we treat that information. This Privacy Policy addresses those concerns. This policy may be changed or updated by WLNY from time to time without notice.

If you have any questions about our Privacy Policy, you can contact us at:

Our Policy
WLNY uses all reasonable efforts to respect and protect the privacy of our online visitors, and to prevent the misuse or loss of, and the unauthorized access to, your personal information. We will not share your e-mail address or other personal information with any other third parties without your permission.

Is My Personal Information Secure?
Yes. Encryption and security protocols are used on the Site in collecting personal information.

How Do We Use "Cookies"?
Visitors should be aware that non-personal information and data may be automatically collected by WLNY’s website through the use of "cookies." "Cookies" are small text files a website can use to recognize repeat visitors, facilitate the visitor's ongoing access to and use of the site, and allow a site to track usage behavior and compile aggregate data that will allow content improvements. Cookies are not programs that come onto a visitor's system and damage files. If a visitor does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. WLNY may use "Cookie" technology to obtain non-personal information from its online visitors in order to improve visitors' online experience and facilitate their visit within our site.