Terms and Conditions

Introduction

These terms and conditions outline the rules and regulations for the use of WPBS-TV’s Website. This website is offered to users conditioned on your acceptance, without modification, of the terms and conditions.

By accessing this website we assume you accept these terms and conditions in full. Please do not continue to use WPBS-TV’s website if you do not accept all of the terms and conditions stated on this page.

Cookies

We employ the use of cookies. By using WPBS-TV’s website you consent to the use of cookies in accordance with WPBS-TV’s privacy policy.

Most web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / sponsorship partners may also use cookies.

Intellectual Property Rights and License

Unless otherwise stated, WPBS-TV and/or it’s licensors own the intellectual property rights for all material on WPBS-TV. All intellectual property rights are reserved.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.

You may view and/or print pages from wpbstv.org for your own personal (non-commercial) use subject to restrictions set in these terms and conditions.

You must not: 1. Republish material from wpbstv.org 2. Sell, rent or sub-license material from wpbstv.org 3. Reproduce, duplicate or copy material from wpbstv.org

Redistribute content from WPBS-TV (unless content is specifically made for redistribution).

User’s Obligation to Abide By Applicable Law.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York. You expressly agree to submit to the exclusive jurisdiction and venue of the state and federal courts in Watertown, New York in all disputes arising out of or relating to the use of this website.

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”).

Hyperlinking to our Content

4. The following organizations may link to our Web site without prior written approval:

a. Government agencies;

b. Search engines;

c. News organizations;

d. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

e. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

5. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

6. We may consider and approve in our sole discretion other link requests from the following types of organizations:

a. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; b. dot.com community sites;

c. associations or other groups representing charities, including charity giving sites,

d. online directory distributors;

e. internet portals;

f. accounting, law and consulting firms whose primary clients are businesses; and

g. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an satisfactory record with us; (c) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to marketing@wpbstv.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

7. By use of our corporate name; or

8. By use of the uniform resource locator (Web address) being linked to; or

9. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of WPBS-TV’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Sponsors

WPBS works in partnership with many for-profit and non-profit organizations and associations (“Sponsors”) and wpbstv.org includes acknowledgements of Sponsors which may include information relating to their business activities. The inclusion of

sponsor messages on wpbstv.org is not an endorsement by WPBS and you understand, acknowledge and agree that WPBS-TV is not responsible or liable for any loss or damage of any sort incurred as a result of dealings with Sponsors.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any WPBS-TV server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Apple or others.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

10. limit or exclude our or your liability for death or personal injury resulting from negligence;

11. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

12. limit any of our or your liabilities in any way that is not permitted under applicable law; or

13. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

No Waiver

The failure to exercise or enforce any provision of these Terms and Conditions or respond to a breach shall not in any way waive WPBS-TV’s rights to exercise or enforce subsequently any Terms and Conditions or to act with respect to similar breaches.