Community Terms and Conditions
This community website (the “Community”) is provided to you by Pennsylvania Television Company d/b/a WSB-TV” (“we” or “us”). You agree that your use of the Community is subject to the terms and conditions of our visitor agreement (the “Visitor Agreement”) as well as these additional Community-specific terms and conditions (the “Community Terms and Conditions”). In the event of a conflict between the terms of our Visitor Agreement and these Community Terms and Conditions, the applicable term of these Community Terms and Conditions will control.
Use of the Site
The Community is for personal use only and may not be used for any commercial purpose that has not specifically been approved by us. The following activities are expressly prohibited: (i) collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Community that, in our sole judgment, degrades the reliability, speed, or operation of the Community or any underlying hardware or software thereof, and (iii) any use of the Community that is unlawful or in violation of these Community Terms and Conditions, our Visitor Agreement, or our privacy policy. We may terminate your membership in the Community and your use of this at any time for any reason. You acknowledge and agree that we have no obligation to publish, exhibit, or otherwise use in any manner any photographs, articles, images, videos, audio files, comments or other materials (collectively, “Materials”) you may submit to the Community. We reserve the right to remove any Materials that you may post to the Community at any time and for any reason.
Materials
You hereby grant us, our partners, agents, affiliates, and service providers a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of any Materials you submit to the Community for editorial, commercial, promotional, or any other purpose, in any manner or medium, whether now known or hereafter developed, including, without limitation, the right to reproduce and redistribute the Materials for any such purpose in broadcast, print, online or other media. You also hereby grant each user of the Community a non-exclusive license to access your Materials through the Community, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of the Community in accordance with these Community Terms and Conditions. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as may be required by law.
You hereby represent and warrant that (i) any Materials you submit for display on the Community will not (a) violate or infringe the rights of any third party, including, without limitation, any patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights, (b) violate any right of privacy or publicity or any applicable law, rule, or regulation; or (c) be libelous or defamatory; and (ii) you have obtained all third-party rights, clearances authorizations, permissions and releases (collectively, “Releases”) necessary to use and to permit us, our partners, agents, affiliates, services providers and users to use the Materials in the Community, including Releases from each and every identifiable individual person whose name, voice, likeness, or other indicia of identity may appear in the Materials.
You agree to indemnify and hold harmless us, our partners, agents, affiliates, licensors, and service providers harmless from and against any claims, actions or demands, including, without limitation, reasonable attorneys’ fees, arising or resulting from your breach of these Community Terms and Conditions and/or your uploading of, access to, or use or misuse of the Materials or the Community. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Hold Harmless of Service Provider
Technology and hosting for aspects of this website are provided by KickApps Corporation, a Third Party Application Service Provider ("Service Provider"). However, "WPXI-TV Upload and Share" controls the content, membership and policy of this website, including those pages served by the Service Provider on behalf of this website. Notwithstanding anything to the contrary, by participating on this website you agree to indemnify and hold harmless the Service Provider on all matters related to your interaction with others using this website and participation with this website, including your representation that you are at least thirteen years old. As such, the Service Provider is a third party beneficiary to your agreement with this website; such agreement with this website is defined above.