This Site's Terms of Service

WELCOME! THE TELEVISION STATION AFFILIATE [THE "STATION"] THAT IS PROVIDING THIS SITE (THE "WEB SITE") PROVIDES A VARIETY OF ONLINE SERVICES, FROM FREE NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE WEB SITE SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT").

WELCOME! THE TELEVISION STATION AFFILIATE [THE "STATION"] THAT IS PROVIDING THIS SITE (THE "WEB SITE") PROVIDES A VARIETY OF ONLINE SERVICES, FROM FREE NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE WEB SITE SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT").

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

As the web is an evolving medium, the terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Web site after the posting of changes to these terms will signify your acceptance of these changes. Frankly or this Station may immediately terminate any individual's use of the Web site and/or such user's password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that Frankly or this Station, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.

COPYRIGHT INFORMATION

© Copyright 2018 Heartland Media LLC. All Rights Reserved.

Although the Web site is freely accessible, by providing such accesst his Station does not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on the Web site. Unless otherwise noted, this Station owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Web site. The material on the Web site is provided for private, non-commercial use only.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:

Lisa Bishop
3282 Northside Parkway, Suite 275
(470) 355-1944
dmca@heartlandtv.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:

Lisa Bishop
3282 Northside Parkway, Suite 275
(470) 355-1944
dmca@heartlandtv.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.)

REPEAT INFRINGERS
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

TRADEMARK NOTICE

The "Heartland" logo is a trademark and service mark of Heartland Media. This station's call sign is a trademark and service mark of this Station. All other trademarks, service marks and logos used in the Web site are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Web site without the prior written consent of the owner of the mark.

CODE OF CONDUCT

You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Web site:

Restricting or inhibiting any other user from using and enjoying the Web site and services;
Impersonating any person or entity or posting personally identifying information of any other person;
Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
Without the Station's prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Web site to become users of other online services competitive with Station);
Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Posting or transmitting materials in violation of another party's copyright or intellectual property rights;
Using the Web site for any commercial or unlawful purposes, including "spamming"; or
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Web site.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HEARTLAND, ITS SPONSORS, AND THIS STATION HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF THE CODE OF CONDUCT ABOVE, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE WEB SITE OR SITE-RELATED SERVICES.

By using the Web site you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not enter the Web site. If you are not yet 18 years old, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.

MAKING PURCHASES

You are free to license or purchase products or services described on the Web site. You may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. You understand that any such information will be treated by this Station as described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of the page and click "Privacy Statement." You must provide to any such merchant or service provider information that is accurate, complete and current. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

All purchases related to on-air or online advertising are final. Refunds will only be granted for overpayment of services.

SUBMISSIONS

You may submit any text, images, data, or other materials ("Content") to the Web site. In so doing, you acknowledge and agree that you grant to this Station a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:

Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate such Content without notice, attribution or payment to you.
Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you.

Further, by submitting Content to the Web site, you acknowledge that you have the authority to grant such rights to the Station and use of the Content by the Station will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted to the Web site by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Each of this Station, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

You acknowledge that if and when this Station sponsors contests, sweepstakes, or promotions ("Special Program"), or third parties sponsor a Special Program in conjunction with this Station, either this Station or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with this Agreement, will govern that particular Special Program.

PRIVACY

Personal information that Web site users provide in connection with purchases, contests, polls, chat rooms and forums or other usages of the Web site or site-related services is collected by this Station. Any such information will be treated as described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of this page and click "Privacy Statement." Users are discouraged from posting personally identifying information about themselves on public areas of the Web site, such as within classified advertisements, comments/reviews for display on the Web site or other "user generated content" submitted for display on the Web site or in any other communications with other users of the Web site.

WHERE AP CONTENT IS USED

Some of the content published by us is used under license from the Associated Press. For that content, the terms listed here apply:

http://www.ap.org/termsandconditions/

WARRANTY INFORMATION

THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FRANKLY OR THIS STATION. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.

NEITHER THIS STATION, NOR OUR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT FRANKLY AND THIS STATION ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent the Web site contains links to outside services and resources ("Linked Sites"), this Station neither endorses nor is affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You are encouraged to review any privacy policy or terms of service posted on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with this Station.

PARENTAL CONTROL PROVISIONS

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org.

VOID WHERE PROHIBITED

Although the Web site is accessible worldwide, not all products or services discussed or referenced in or on the Web site are available to all persons or in all geographic locations or jurisdictions. This Station reserves the right to limit the availability of the Web site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Web site is void where prohibited.

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