|
 |
SERVICE AGREEMENT
1. DEFINITIONS
"WRBW.COM" is an interactive on-line service operated by
UTV of Orlando, Inc. and WRBW on the World Wide Web of the
Internet, and or e-mail, and or through other wireless technology
including but not limited to e-mail, PDA's, and cell phones,
to which consists of information, services and content provided
by UTV of Orlando, Inc., WRBW and other affiliates of UTV
of Orlando, Inc. and other third parties including information
providers and content providers. "Browser" means each person
who establishes or accesses a connection to access and/or
uses WRBW.COM through the World Wide Web of the Internet,
and or e-mail, and or through other wireless technology
including but not limited to e-mail, PDA's, and cell phones.
2. USE OF WRBW.COM
Browser agrees to comply with all of the terms and conditions
hereof. The right to use WRBW.COM is personal to Browser
and is not transferable to any other person or entity. Browser
assumes total responsibility and risk for use of WRBW.COM
and the Internet.
3. DISCLAIMER OF WARRANTY;
LIMITATIONS OF LIABILITY
A. BROWSER EXPRESSLY AGREES THAT USE OF WRBW.COM IS AT BROWSERS
SOLE RISK. IT IS THE SOLE RESPONSIBILITY OF BROWSER TO EVALUATE
THE ACCURACY, COMPLETENESS, RELIABILITY AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, CONTENT, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH WRBW.COM OR ON THE INTERNET.
B. UTV of Orlando, Inc., WRBW AND OTHER AFFILIATES OF UTV
of Orlando, Inc., THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY INFORMATION AND CONTENT PROVIDERS OR LICENSORS ( HEREINAFTER
ALTOGETHER REFERRED TO AS "PROVIDERS") DOES NOT WARRANT
THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE SOFTWARE
OR WRBW.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN WRBW.COM OR THE SOFTWARE WILL BE CORRECTED; NOR
DO `PROVIDERS GUARANTEE OR WARRANT THAT FILES AVAILABLE
FOR DOWNLOADING THROUGH WRBW.COM WILL BE FREE OF COMPUTER
VIRUSES OR OTHER CODES THAT MANIFEST DESTRUCTIVE PROPERTIES;
NOR DOES WRBW.COM OR PROVIDERS MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF WRBW.COM, OR
TO THE ACCURACY, TIMELINESS, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WRBW.COM.
C. WRBW.COM AND THE SOFTWARE ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT,
WHICH LAWS SHALL THAN BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
D. WRBW.COM AND PROVIDERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE WRBW.COM,
THE SOFTWARE, OR ANY SERVICES, INFORMATION OR CONTENT PROVIDED
OR DOWNLOADED FROM WRBW.COM; OR FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MATERIALS,
INFORMATION OR CONTENT OF WRBW.COM , OR MATERIALS, INFORMATION
OR CONTENT DOWNLOADED FROM WRBW.COM. IN STATES THAT DO NOT
ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE LIABILITY OF WRBW.COM AND PROVIDERS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
E. BROWSER SPECIFICALLY ACKNOWLEDGES THAT WRBW.COM AND PROVIDERS
ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER BROWSERS OR THIRD PARTIES AND THAT THE
RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH BROWSER.
BROWSER ACCESSES ANY SUCH INFORMATION ON THE INTERNET AT
BROWSERS OWN RISK.
4. BROWSER CONDUCT
Browser agrees to use WRBW.COM for lawful purposes only.
Browser shall not post or transmit through WRBW.COM any
material which violates or infringes in any way upon the
rights of others (including but not limited to copyrights
and trademarks), which is unlawful, threatening, defamatory,
or obscene. Browser agrees not to post or transmit through
WRBW.COM any advertising or solicitation with respect to
products or services, without the prior written consent
of WRBW.COM and Providers. Browser understands that WRBW.COM
contains copyrighted material, trademarks and other proprietary
information which Browser may not modify, publish or in
any way exploit in whole or in part. Browser may download
copyrighted material for Browser's own personal use only.
Browser acknowledges that it does not acquire any ownership
rights by downloading any information or material. Browser
agrees to abide by all copyright laws of the United States
of America and each and every applicable State law. Browser
agrees not to post or upload material on WRBW.COM that is
protected by a copyright or trademark without the prior
written consent of the owner of the copyright or trademark;
the burden of proof in determining that any material is
not protected by copyright rests with Browser. Browser is
solely liable for any damage resulting from any copyright
infringement occurring by Browsers action or inaction.
5. BROWSER INFORMATION
WRBW.COM and Providers will not intentionally disclose the
content of any private electronic communication or any other
individually identifiable information concerning Browser
to any third party unless permitted or required by law or
authorized by Browser. Subject to the forgoing, WRBW.COM
and Providers may monitor, record, collect and use for any
lawful purpose information generated through Browsers use
of WRBW.COM. Browser authorizes WRBW.COM and Providers to
include Browsers name, Internet, electronic mail, street
address, and telephone information, used in conjunction
with WRBW.COM or otherwise, in material provided or sold
to other third parties. Browser grants WRBW.COM and Providers
the perpetual, irrevocable, royalty-free right to edit,
copy, publish, license to use, reproduce, modify and distribute
any material (in whole or in part) made available on WRBW.COM
by Browser and/or to incorporate it in other works in any
form, media or technology now present or developed in the
future, for the full term of any copyright which may exist
in such material. Browser understands that other Browsers
may access information generated through WRBW.COM and download
such information for their personal use. WRBW.COM and Providers
shall have the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on
WRBW.COM.
6. CONTENT
WRBW.COM is a distributor (not publisher) of content supplied
by Providers and Browsers. Thus, WRBW.COM has no more editorial
control over such content than does a public library or
bookstore. Any opinions or advice, etc. expressed or made
available by third parties or Browsers, are those of the
respective author(s) or distributor(s) and not of WRBW.COM
or Providers. WRBW.COM and Providers do not guaranty the
accuracy, the completeness or usefulness of any information
or content (see paragraph 3 of this Agreement) made available
on or through WRBW.COM. In many instances, the content and
information available on or through WRBW.COM represents
opinions and judgments of the respective information and/or
content provider or Browser. WRBW.COM and Providers neither
endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on or through WRBW.COM.
WRBW.COM is not responsible for any loss or damage caused
by Browsers reliance on information or content obtained
on or through WRBW.COM. It is the responsibility of Browser
to evaluate the accuracy, completeness or usefulness of
any information or content made available on or through
WRBW.COM.
7. RIGHT TO CHANGE TERMS
WRBW.COM and Providers shall have the right at any time,
effective immediately upon notice to Browser, to change
or discontinue any aspect or feature of WRBW.COM, including
but not limited to, content, hours of availability, and
equipment needed for access or use. WRBW.COM and Providers
shall have the right at any time, effective immediately
upon notice to Browser, to impose new conditions, including
but not limited to, adding fees and charges for use. Notice
to Browser may be given by any means in which it is likely
or reasonable to assume Browser shall obtain such notice.
Any use of WRBW.COM after such notice and change shall be
deemed to constitute acceptance by Browser.
8. INDEMNIFICATION
Browser agrees to indemnify, defend and hold harmless WRBW.COM,
Providers and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys fees, arising out of the use of WRBW.COM or violation
of this Agreement.
9. MISCELLANEOUS
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter and supersedes
any previous agreements. This Agreement shall be construed
in accordance with the laws of the State of Minnesota, without
regard to conflict of law rules. No waiver by either party
of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default.
Section headings herein have no independent meaning but
are used for convenience only.
ASSOCIATED PRESS text, photo, graphic, audio and/or video
material shall not be published, broadcast, rewritten for
broadcast or publication or redistributed directly or indirectly
in any medium. Neither these AP materials nor any portion
thereof may be stored in a computer except for personal
and non-commercial use. AP will not be held liable to Browser
for any delays, inaccuracies, errors or omissions therefrom
or in the transmission or delivery of all or any part thereof
or for any damage arising from any of the forgoing.
|