|
These Terms of Service disclose the general terms
for use of this web site. We have
developed these Terms of Service to govern your use of this web site (the
“Site”). This Site is developed and
managed by Belo Interactive, Inc., and we, along with our parent corporation,
Belo Corp., affiliates, partners and advertisers, provide content and services
to you subject to the following conditions.
Please read them carefully.
These Terms of Service are a binding contract between you and us
regarding your use of this Site. If you
use this Site, you agree to be bound by these Terms of Service.
A. YOUR USE OF THE SITE
1. Membership and
Registration.
Certain areas of the Site may require registration or may otherwise ask you to
provide information to participate in certain features or access certain
content. The decision to provide this
information is purely optional, however if you elect not to provide such
information, you may not be able to access certain content or features or
participate in various areas of the Site.
When you register or become a member of the Site or provide information
to us in any other manner, you agree to provide only true, accurate, current
and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that we may use the information you provide to us according to the
Privacy Policy on the Site.
If you become a member of
the Site, you agree to accept responsibility for all activities that occur
under your account or password, and agree you will not sell, transfer or assign
your membership or any associated rights therein. You are responsible for
maintaining the confidentiality of your password and for restricting access to
your computer so that others may not access the Site using your name in whole
or in part.
2. Other Specifics
About Interactive Areas. The Site’s bulletin boards, chat rooms and other such interactive
areas were created to provide users with a forum to express their opinions and
share their ideas and information. Given the nature of the Site and the volume
of messages and postings, we use reasonable efforts to monitor the Site, yet
cannot and do not monitor all of the material posted or transmitted by users
and third party information providers. To protect your safety, please use your
best judgment when using these forums. We particularly discourage divulging
personal phone numbers and addresses or other information that can be used to
identify or locate you. We reserve the
right to delete, move or edit any communications at any time, for any reason or
in its discretion, but have no obligation to review or remove any such content.
When using the
Site, you are prohibited from posting material that:
(a) contains offensive,
vulgar, profane, false, abusive, libelous, hateful, defamatory or obscene
language;
(b) contains fraudulent, deceptive, or misleading statements;
(c) violates a copyright or
trademark, or any other intellectual property right of another;
(d) violates the privacy rights of any third party; or
(e) violates any municipal,
state or federal law, rule, regulation or ordinance, or attempts to encourage
such violation.
This list is not
exhaustive. Therefore, we reserve the
right to remove any content posted on the Site and/or terminate your access to
the Site at any time for any reason.
3. Communications with Third Parties Through the Site.
Your dealings or communications through the Site with any party other than us
are solely between you and that third party.
Please review carefully that third party’s policies and practices and
make sure you are comfortable with those policies and practices before you
engage in any transaction. Any complaints, concerns or questions you may have
relating to materials provided by third parties should be forwarded directly to
the third party.
B. INTELLECTUAL PROPERTY
1. Copyright. All of the information,
content, services and software displayed on, transmitted through, or used in
connection with this Site, including for example directories, guides, news
articles, opinions, reviews, text, photographs, images, illustrations, audio
clips, video, html, source and object code, software, data, and the like
(collectively, the "Content"), as well as its selection and
arrangement, is owned by us, our parent corporation or its affiliated
companies, licensors and suppliers. We
actively protect our rights to the Content to the fullest extent of the law.
You may not use such material except as provided in these Terms of Service.
You may use the Content
online and solely for your personal, non-commercial use, and you may download
or print a single copy of any portion of the Content for your personal,
non-commercial use, provided you do not remove any trademark, copyright or
other notice contained in such Content. No other use is permitted. You may not,
for example, republish the Content on any Internet, Intranet or Extranet site
or incorporate the Content in any database, compilation, archive or cache. You
may not distribute any of the Content to others, whether or not for payment or
other consideration, and you may not modify, copy, frame, reproduce, sell,
publish, transmit, display or otherwise use any portion of the Content without
our written consent.. Requests to use
of the Content for any purpose other than as permitted in this section should
be directed to sdunniga@projo.com.
2. Copyright
Complaints. Belo
has registered as an agent with the United States Copyright Office in
accordance with the terms of the Digital Millennium Copyright Act (the “Act”)
and avails itself of the protections under the Act. Belo reserves the right to remove any content on the Site which
allegedly infringes another person’s copyright. Notices to Belo regarding any alleged copyright infringement on
the Site should be directed to the contact information at the end of these
Terms of Service.
3. Trademarks. The Content includes
logotypes, trademarks and service marks (collectively "Marks") owned
by us and our affiliates, and Marks owned by other information providers and
third parties. No Marks may be used in
any manner unless approved in writing in advance by us.
4. Links to, and frames
of, the Site.
If you operate a Web site and wish to link to this Site, you may link only to
the home page of the Site and not to any other page or subdomain of us. You may
not frame or utilize framing techniques that involve any Marks, copyrighted
material or other proprietary information (including images, text, page layout,
or form) of any portion of the Site or suggest any relationship between our Site
and you without our express written consent. In addition, you agree not to
decompile, reverse engineer or disassemble any software or other products or
processes accessible through the Site, not to insert any code or product or
manipulate the content of the Site in any way that affects the user’s
experience, and not to use any data mining, robots, cancelbots, spiders, Trojan
horse, or any data gathering or extraction method in connection with your use
of the Site.
C. YOUR
REPRESENTATIONS AND WARRANTIES
You
represent, warrant and covenant (a) that no materials of any kind submitted by
you and/or through your membership account will (i) violate, plagiarize, or
infringe upon the rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii) contain libelous or
otherwise unlawful material; and (b) that, if you are providing information to
the Site, you are at least thirteen (13) years old. You hereby agree to indemnify, defend and hold harmless Belo
Interactive, its parent corporation, affiliate companies, officers, directors,
employees, shareholders, information providers, affiliates, licensors and
licensees (collectively, the “Indemnified Parties”) from and against any and
all liability and costs, including, without limitation, reasonable attorneys’
fees, incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you or any user of your account of these Terms or as
reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you.
D. GENERAL
DISCLAIMER AND LIMITATION OF LIABILITY
While
we use reasonable efforts to include accurate and up-to-date information on the
Site, we make no warranties or representations as to the accuracy of the
Content and assume no liability or responsibility for any error or omission in
the Content. We do not represent or
warrant that use of any Content, when authorized, will not infringe the rights
of third parties. In addition, in some cases, Content available on the Site may
be provided and/or hosted by third parties. We have not reviewed all of the
sites linked to this Site and are not responsible for the content of any
off-site pages or links to or from any other sites. While we encourage such
third parties to abide by these Terms of Service, we have no responsibility for
actions of third parties.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL
CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. NEITHER WE, NOR OUR PARENT CORPORATION, ITS
AFFILIATED OR RELATED COMPANIES, OR ANY OF OUR OR THEIR SHAREHOLDERS,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE
“PARTIES”), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE,
THE CONTENT, DOWNLOADS AVAILABLE AT THE SITE, ANY ADVERTISING MATERIAL
DISPLAYED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH
SERVICES OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL MEET YOUR
REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR DESTRUCTIVE FILES.
WE
SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE
SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND
WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY
INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
IN NO
EVENT SHALL THE PARTIES BE LIABLE FOR: (I) ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES
RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY AMOUNT FOR DIRECT DAMAGES IN
EXCESS OF $100. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS,
AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT
APPLY TO YOU.
The Site is controlled, operated
and administered by Belo Interactive from its offices within the United States.
We make no representation that materials or Content available through the Site
are appropriate or available for use outside the United States and access to
them from territories where their contents are illegal is prohibited. You may
not use the Site or export the Content in violation of U.S. export laws and
regulations. If you access the Site from a location outside the United States,
you are responsible for compliance with all local laws.
E. MISCELLANEOUS
1. We
reserve the right to change these Terms of Service at any time in our
discretion and to notify users of any such changes solely by changing these Terms
of Service. Your continued use of the Site after the posting of any amended
Terms of Service shall constitute your agreement to be bound by any such
changes. Please note that your use of this Site prior to the time these Terms
of Service was posted will be governed according to the Terms of Service that
applied at the time of your use, if any.
2. We may modify, suspend, discontinue
or restrict the use of any portion of the Site, including the availability of
any portion of the Content at any time, without notice or liability, terminate
any registration and/or membership and/or deny access to any person or user at
any time for any reason.
3. These Terms of Service will be
governed by and construed in accordance with the laws of the State of Texas,
without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with
respect to the Site must be filed in a federal or state court located in
Dallas, Texas, within two (2) months of the time in which the events giving
rise to such claim began, or you agree to waive such claim.
4. If
for any reason any provision of this Agreement is found unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect
the intent of the parties as reflected in that provision, and the remainder of
the Agreement shall continue in full force and effect. Any failure of ours to enforce or exercise
any provision of this Agreement or related right shall not constitute a waiver
of that right or provision.
CONTACT US
If you have any questions or
comments regarding these Terms of Service and/or the Site, please contact us at
the following:
Shannon Dunnigan
Site Manager
sdunniga@projo.com
|
