Terms of Use
By: Administrator
Updated: March 7, 2013
Welcome to Nexstar Broadcasting Group, Inc. ("Nexstar") websites Terms and Conditions.
These Terms and Conditions apply to all of the web sites relating to television stations in the Nexstar family.
We have posted these Terms and Conditions to be in compliance with numerous laws that regulate the provision of information and services on the Internet. After reviewing these Terms and Conditions, if you have questions about Nexstar and/or about the use of materials on our website, please contact us at corpwebmaster@nexstar.tv.
The following Terms and Conditions shall govern the materials and services provided to you by Nexstars website and/or by a website operated by a television station in the Nexstar family (a "Site" and, collectively, the "Sites").
The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
By accessing and using a Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use a Site if you have any objections to any of these Terms and Conditions.
Nexstar may revise these Terms and Conditions over time as new features are added to the Sites or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit a Site.
- Copyright and Permissions
Please feel free to browse the Sites. You may download or make single copies of materials displayed on the Sites for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Sites.
You may not distribute, transmit, copy, download or otherwise make available any material from the Sites, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of Nexstar; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Sites without prior written permission.
None of the material contained on the Sites (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Nexstar.
Except as otherwise noted, all content of the Sites is:Copyright 2006 Nexstar Broadcasting Group, Inc. All Rights Reserved
Nexstar has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact us. We can be reached by e-mail at corpwebmaster@nexstar.tv.
- Trademarks/Service Marks
The trademarks/service marks and logos (collectively the "Marks") displayed on the Sites identify the products and services of Nexstar, its advertisers and other third parties, and to inform the public as to the source of those products and services. Nothing contained on the Sites should be construed as granting any right or license to use any Mark displayed on the Sites. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
- In a manner likely to cause confusion;
- To identify your products or services;
- In, as, or part of your own trademarks or services marks;
- In a manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or
- In a manner that disparages or dilutes the Marks.
You are also advised that Nexstar will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from Nexstar.
- Fair Use & Proper Attribution of Marks
You may make fair use of the Marks in news, advertising and promotional materials, and in referring to our products and services (for example, in a consumer magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Any other uses require prior written permission from Nexstar.
- Privacy
Our Privacy Policy is a part of the Sites Terms and Conditions which is binding on all Site users including users of websites operated by a television station in the Nexstar family. The policy of Nexstar is to respect and protect the privacy of our users. Nexstar includes as part of its mission, the constant effort to build users trust and confidence in the Internet by promoting fair information practices. To fulfill this mission, Nexstar agrees to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing and using the Sites. Because we gather certain types of personally identifiable information ("Personal Information") from users of our websites, we feel you should know how we collect, use, disclose, manage, and store the Personal Information that you may voluntarily provide us and the Personal Information that is collected passively through the use of cookies or image tags on our websites. Nexstar agrees to post prominently and in plain language its specific privacy policies. This Privacy Policy sets forth Nexstars current policies and practices with respect to nonpublic personal information of the users of the Sites. For our full Privacy Statement, see our PRIVACY POLICY.
- Purchases
All payments to Nexstar, including without limitation for merchandise, on-line advertising, employment opportunity listings on community bulletins, business directory, and classifieds listings shall be made by credit card or Electronic Check and are subject to the approval of the financial institution issuing the credit card or electronic check. Purchases are not binding on Nexstar until such approval is received. Nexstar shall not be liable in any way if any financial institution refuses to accept or honor your credit card for any reason.
Each time you make a purchase you agree that Nexstar is authorized to charge your designated account for the applicable rate or price published on the Sites.
Financial transactions related to your purchases from Nexstar are handled by PayPal (http://www.paypal.com/) and VisaNet (http://www.visanet.com/). Information relating to your financial transactions will not be maintained on Nexstar servers.
Questions or information requests related to online purchases should be made to servicedesk@nexstar.tv. Please provide contact information, transaction website, and transaction information.
- Disclaimers and Limitation of Liabilities and Warranties
The Sites may contain technical inaccuracies, typographical errors, and out of date information. The Sites make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Sites make no warranty that the Sites will meet your requirements. You understand, acknowledge, and agree that your use of the Sites is at your own risk. Nexstar reserves the right to make changes to the Sites at any time.
NEXSTAR BROADCASTING GROUP SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) NEXSTAR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITES, ALL OF WHICH ARE BEING OFFERED "AS IS." NEXSTAR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITES.
- Intellectual Property Limitation of Liability
Nexstar respects the intellectual property of others, and we ask visitors to the Sites to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to a designated Copyright Agent of Nexstar:
- Identification of the copyrighted work(s) that you claim has been infringed;
- Identification of where the material that you claim to be infringing is located on a Site;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owners behalf;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
- User Conduct/Guidelines
The Sites may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials, whether publicly posted or privately transmitted. You agree that you have read and are familiar with the following guidelines.
Please note that messages from users who violate our guidelines may be blocked. Users who violate our guidelines may also be sent a warning, and if necessary, will be banned from further posting.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the "Content") is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Sites.
You will post honestly and in good faith and with the intention to accurately inform. We do not welcome people who wish to disrupt or insult other users. If we believe you are posting with the intent to cause disruption or harm to other users, you will be banned from further posting on the Sites.
You are also responsible for keeping your email address updated. Failure to keep your email address updated may result in banning until we can confirm that you have a valid email address associated with your Site activities. You are also responsible for keeping your log-in information, including your password, private. Sharing of memberships or screen names is not allowed and may result in your membership being banned. Nexstar accepts no responsibility for use of your membership or computer by any third parties, with or without your permission.
You agree not to:
- post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of anothers privacy;
- post, disseminate, or transmit any Content that infringes or violates any partys copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- post, disseminate, or transmit any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
- impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Sites;
- post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users ability to engage in real-time exchanges;
- interfere with, disrupt, or harm in any way the Sites or servers or networks connected to the Sites;
- attack the character or damage the reputation of other members, name-call, insult, ridicule, mock, electronically stalk or otherwise harass another user;
- insult, attack, belittle, or ridicule the beliefs, personal attributes, or life choices of other members;
- "Hit and run." Please do not go to a board where you would not ordinarily post, simply to point out the wrongness of another poster or groups actions, beliefs, or comments;
- collect or store personal data about other users;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
- use the Sites for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other websites providers, websites, chat rooms, or the like;
- violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
- forward or post private messages that someone has sent you unless you have his/her permission. Only send private messages to another user of the Sites if he/she has given express permission to you;
- transfer issues or posts from one bulletin board to another with the intention of drawing negative attention to the post. Do not quote someone elses post from another board without that persons permission. Please do not direct people to controversial or problematic threads on other boards;
- select a screen name that is vulgar or obscene or that misrepresents you to other members;
- use any community areas to buy or solicit any goods, services, or money to advertise or sell products or services of others.
The designated agent of Nexstar for notification of claims on the Sites is Todd Porch who can be reached as follows:
Address: Todd Porch Senior Vice President, eMedia
Nexstar Broadcasting Group, Inc.
5215 N OConnor Blvd
Suite 1400
Irving, TX 75039
Telephone: (972) 373-8800
Fax: (214) 545-5471
E-mail: corpwebmaster@nexstar.tv
Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify the designated agent of Nexstar.
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