These terms of use are entered into by and between you and WPLG, Inc. (“we”, “us”, “our” or “WPLG”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern you access to a use of Local10.com, including any content, functionality, and services offered on or through Local10.com (the “Website”), whether as a guest or a registered user.
1. Your Use of the Service and this Site or App is Governed by These Terms of Use. Please read the Terms of Use before you start to use the Website. By accessing and using this Site or App, you accept and agree to be bound by these Terms of Use and our Privacy Policy found at [Link Updated Privacy Policy], incorporated herein by reference. If you do not agree with any of the Terms of Use or the Privacy Policy, you are not authorized to access or use this Site or App for any purpose.
This Website is offered and available to users who 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. These Terms of Use May Change Without Prior Notice
We reserve the right to modify and update these Terms of Use at any time in our sole discretion, without giving you prior notice. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we expect you to review these Terms of Use whenever you use this Website. The last date these Terms of Use were revised is set forth above.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
a. Making all arrangements necessary for you to have access to the Website.
b. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all data, information, content, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) that you see, hear or otherwise experience on the Website (the “Content”) belongs to the Company, our partners, and any respective, licensors, affiliates, contributors or other third parties and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights 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 Website, its Content, and any services obtained through the Website, solely for your personal, non-commercial use as set forth in these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
1. Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website or the Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Provided that:
1. You shall not modify or alter the Content in any way.
2. You shall not delete or change any copyright. trademark, or other proprietary rights notices from copies of the Content.
2. You shall not download, distribute, republish, retransmit, reproduce or otherwise use in any medium any part of the Content without WPLG’s prior written authorization, unless WPLG makes available the means for such distribution through an embeddable video player or other functionality offered by the Website.
3. You shall not access Content through any technology or means other than the explicitly authorized means WPLG may designate.
4. You agree not to access or use the Website, the Content, or any services for any commercial uses unless you obtain WPLG’s prior written approval.
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 Website.
Moreover, you may not use the Company name, any of the marks appearing throughout this Website, or all related names, logos, product and service names, designs, and slogans, which are the trademarks of the Company or its affiliates or licensors, 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.
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. The AP Terms and Conditions web page can be viewed here.
5. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
a. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Content Standards below) set out in these Terms of Use.
d. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
e. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
f. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
a. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
b. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
c. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
d. Use any device, software, or routine that interferes with the proper working of the Website.
e. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
g. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
h. Otherwise attempt to interfere with the proper working of the Website.
6. Disclaimer of Warranties
a. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK AND YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER . WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, USEFUL, OR THAT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE CORRECTED.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THIRD PARTY INFORMATION).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
b. Specific Disclaimer for International Use. The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no representation that the Website, the Content, or any services arising therefrom is applicable or appropriate for use in locations outside the United States. Portions or versions of the Website 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 Website in any language except as determined by us, or that the Website will be accessible or appropriate. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and agree to comply with all applicable laws and local rules, including, regarding the transmission of technical data, acceptable content and online conduct.
7. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8. Indemnification You agree to indemnify, defend and hold harmless the Company, our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, contractors, agents, licensors, suppliers, successors, assigns and any third-party information providers to the Service from and against all claims, losses, expenses, damages, judgements, awards, losses, expenses, fees 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 violation of these Terms of Use or your use of the Website, including, but not limited to, your Material, any use of the Content, services, and products other as expressly authorized in these Terms of Use, your use of any information obtained from the Website, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Website through your user account.
9. Personal Information and Privacy Policy
We may monitor, record, collect and use for any lawful purpose information generated through your use of the Website. The collected information is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Material(s)”) on or through the Website.
All Materials must comply with the Content Standards set out in these Terms of Use.
Any Material you post to the site will be considered non-confidential and non-proprietary. By providing any Material on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
a. Any Material you submit shall be submitted in the English language only.
b. All of your Materials do and will comply with these Terms of Use.
c. You are at least 13 years of age. Provided that, 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.
d. 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.
e. If you post anything on the Website, 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 Website, 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, not the Company, have full responsibility for such Material, including its legality, reliability, accuracy, and appropriateness.
Nevertheless, we reserve the right to:
a. Delete, move, edit, or refuse to post any Materials 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.
b. Take any action with respect to any Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such Material violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
c. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
e. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Content Standards
These content standards apply to any and all Materials and use of Interactive Services. Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Materials must not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
h. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
i. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
j. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties
13. General Provisions
a. Entire Agreement
These Terms of Use and our Privacy Policy 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 Website 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. However, any material on the Website may be out of date at any given time, and we are under no obligation to update such material.
c. No Endorsements of Links
Hypertext links to third party Web sites, resources, or information provided by third parties 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
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal 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 Miami-Dade County, Florida, or federal court in the Southern District of Florida, Miami Division, U.S.A., regarding any and all disputes relating to these Terms of Use, our Privacy Policy, your use of the Website, any other of our web sites, mobile sites or apps, or Content or Material contained therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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; and vi. 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:websitefeedback@local10.com; or
2. sending a letter via the U.S. Mails to:
WPLG-TV10
Attn: News Director
3401 West Hallandale Beach Blvd
Pembroke Park, Florida 33023
f. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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 Website, or your dealings with this Website, you may contact us by: 1. sending an e-mail request to websitefeedback@local10.com; or 2. sending a letter via the U.S. Mail to:
WPLG-TV10
Attn: News Director
3401 West Hallandale Beach Blvd
Pembroke Park, Florida 33023
WPLG