The following terms and conditions govern the use by you of the Community Television Foundation of South Florida, Inc., its subsidiaries, parents, affiliated entities and agents, (“WPBT2”) of its websites. The terms and conditions set forth herein apply to all materials, online communications and other information that is or becomes available on WPBT2 websites (collectively, “Information”). BY SIGNING ON AND USING WPBT2 WEBSITES, YOU SPECIFICALLY AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND ANY MODIFICATIONS THERETO.
1. Personal Uses Permitted.
WPBT2 websites are online information exchange services for use by WPBT2, its members and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these terms and conditions.
2. User’s Obligation to Abide By Applicable Law.
In connection with the use of WPBT2 websites, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (‘Applicable Law”). The Information available on WPBT2 websites may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
3. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of WPBT2 may, in the course of their regular duties, have access to communications for technical or operational purposes. WPBT2 may also disclose any communications to the extent permitted or required by law.
4. Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through WPBT2 websites any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). WPBT2 has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on WPBT2 websites is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
5. Content of Information.
You are responsible for the content of any Information you put on WPBT2 websites. The Information posted to WPBT2 websites does not necessarily reflect the views of WPBT2 and in no event shall WPBT2 assume or have any responsibility or liability for any information posted to WPBT2 websites or for any claims, damages or losses resulting from the use and/or appearance of such information on WPBT2 websites. WPBT2 has no obligation to monitor or control any Information that is or becomes available on WPBT2 websites. WPBT2 reserves the right to review any Information that is or becomes available on WPBT2 websites. WPBT2 reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in WPBT2’s sole discretion, unacceptable, undesirable or in violation of these terms and conditions. WPBT2 has no obligation to exercise such reservation of rights by WPBT2. By submitting information to WPBT2, you grant WPBT2 a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting.
6. Disclaimer of Warranties.
WPBT2 WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WPBT2 DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT WPBT2 WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
7. Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WPBT2 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE WPBT2 WEBSITES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON WPBT2 WEBSITES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
8. Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST ARISING FROM OR IN CONNECTION WITH YOUR USE OF WPBT2 WEBSITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, WPBT2 AND THE MEMBER STATIONS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF WPBT2 WEBSITES OR FAILURE TO ABIDE BY APPLICABLE LAW.
These terms and conditions may be modified by WPBT2 from time to time and such modifications will be binding on you when placed online.