The following rules govern
the use by you of the Community Television Foundation of South
Florida, Inc., its subsidiaries, parents, affiliated entities and
agents, (“WPBT”) of
its websites. The rules set forth herein apply to all materials,
online communications and other information that is or becomes available
on WPBT websites (collectively, "Information"). BY SIGNING
ON AND USING WPBT WEBSITES, YOU SPECIFICALLY AGREE TO ABIDE BY THESE
RULES AND ANY MODIFICATIONS THERETO.
1. Personal Uses Permitted.
WPBT websites are online information exchange
services for use by WPBT, 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 rules and regulations.
2. User's Obligation to Abide
By Applicable Law.
In connection with the use
of WPBT 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 WPBT
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 WPBT
may, in the course of their regular duties, have access to communications
for technical or operational purposes. WPBT 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 WPBT websites any software
or other materials which contain a computer virus, trojan horse,
timebomb, worm or other rogue programming ("Rogue Programming").
WPBT 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 WPBT 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 WPBT websites. The Information posted
to WPBT websites does not necessarily reflect the views of WPBT
and in no event shall WPBT assume or have any responsibility
or liability for any information posted to WPBT websites or for
any claims, damages or losses resulting from the use and/or appearance
of such information on WPBT websites. WPBT has no obligation
to monitor or control any Information that is or becomes available
on WPBT websites. WPBT reserves the right to review any Information
that is or becomes available on WPBT websites. WPBT reserves
the right to refuse to post or to edit or remove, in whole or
in part, any Information that is, in WPBT's sole discretion,
unacceptable, undesirable or in violation of these rules. WPBT
has no obligation to exercise such reservation of rights by WPBT.
By submitting information to WPBT, you grant WPBT a perpetual,
royalty-free, worldwide license to use, transmit, copy and display
such information in any and all media now know or hereinafter
devised and represent that you have all necessary rights in such
posting.
6. Disclaimer of Warranties.
WPBT 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. WPBT DOES NOT WARRANT THAT
ANY INFORMATION IS COMPLETE OR ACCURATE, THAT WPBT 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 WPBT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE
OR INABILITY TO USE WPBT WEBSITES, INCLUDING WITHOUT LIMITATION
USE OF OR RELIANCE ON INFORMATION AVAILABLE ON WPBT 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 WPBT WEBSITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY
AND HOLD HARMLESS, WPBT 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 WPBT WEBSITES
OR FAILURE TO ABIDE BY APPLICABLE LAW.
9. Modifications.
These rules may be modified by WPBT from
time to time and such modifications will be binding on you when
placed online.
