www.wftc.com
SERVICE AGREEMENT
1. DEFINITIONS. "www.wftc.com" is an interactive
on-line service operated by Fox/UTV Holdings, Inc. and
WFTC 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 Fox/UTV Holdings, Inc., WFTC and
other affiliates of Fox/UTV Holdings, 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 www.wftc.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 www.wftc.com. Browser agrees to comply with
all of the terms and conditions hereof. The right to use www.wftc.com is personal to Browser and is not
transferable to any other person or entity. Browser
assumes total responsibility and risk for use of www.wftc.com and the Internet.
3. DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY.
A. BROWSER EXPRESSLY AGREES THAT USE OF www.wftc.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 www.wftc.com OR ON THE INTERNET.
B. Fox/UTV Holdings, Inc., WFTC AND OTHER AFFILIATES OF
Fox/UTV Holdings, 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 www.wftc.com WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN www.wftc.com OR THE SOFTWARE WILL BE CORRECTED; NOR DO
`PROVIDERS GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR
DOWNLOADING THROUGH www.wftc.com WILL BE FREE OF
COMPUTER VIRUSES OR OTHER CODES THAT MANIFEST
DESTRUCTIVE PROPERTIES; NOR DOES www.wftc.com OR
PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF www.wftc.com, OR TO THE
ACCURACY, TIMELINESS, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH www.wftc.com.
C. www.wftc.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. www.wftc.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 www.wftc.com, THE
SOFTWARE, OR ANY SERVICES, INFORMATION OR CONTENT
PROVIDED OR DOWNLOADED FROM www.wftc.com; OR FOR ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN MATERIALS, INFORMATION OR CONTENT OF www.wftc.com , OR MATERIALS, INFORMATION OR CONTENT
DOWNLOADED FROM www.wftc.com. IN STATES THAT DO NOT
ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF www.wftc.com AND PROVIDERS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
E. BROWSER SPECIFICALLY ACKNOWLEDGES THAT www.wftc.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 www.wftc.com
for lawful purposes only. Browser shall not post or
transmit through www.wftc.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 www.wftc.com any advertising or solicitation
with respect to products or services, without the prior
written consent of www.wftc.com and Providers. Browser
understands that www.wftc.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 www.wftc.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. www.wftc.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, www.wftc.com and
Providers may monitor, record, collect and use for any
lawful purpose information generated through Browsers
use of www.wftc.com. Browser authorizes www.wftc.com
and Providers to include Browsers name, Internet,
electronic mail, street address, and telephone
information, used in conjunction with www.wftc.com or
otherwise, in material provided or sold to other third
parties. Browser grants www.wftc.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 www.wftc.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 www.wftc.com and
download such information for their personal use. www.wftc.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 www.wftc.com.
6. CONTENT. www.wftc.com is a distributor (not
publisher) of content supplied by Providers and
Browsers. Thus, www.wftc.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
www.wftc.com or Providers. www.wftc.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 www.wftc.com. In many instances, the content and
information available on or through www.wftc.com
represents opinions and judgments of the respective
information and/or content provider or Browser. www.wftc.com and Providers neither endorses nor is
responsible for the accuracy or reliability of any
opinion, advice or statement made on or through www.wftc.com. www.wftc.com is not responsible for any
loss or damage caused by Browsers reliance on
information or content obtained on or through www.wftc.com. It is the responsibility of Browser to
evaluate the accuracy, completeness or usefulness of any
information or content made available on or through www.wftc.com.
7. RIGHT TO CHANGE TERMS. www.wftc.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 www.wftc.com, including but not
limited to, content, hours of availability, and
equipment needed for access or use. www.wftc.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 www.wftc.com after such notice and change shall be
deemed to constitute acceptance by Browser.
8. INDEMNIFICATION. Browser agrees to indemnify, defend
and hold harmless www.wftc.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 www.wftc.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.