Copyright and Terms of Service
Copyright Notice and
Limitations on Use
All of the information, content and services (collectively, the "Content") within this Service are protected by copyright and other intellectual property laws. The Content is owned by Fox 41, WDRB-TV, Independence Television Company and their affiliated companies, licensors and suppliers. The Content is intended for the personal use of users of the Service only. While you may interact with or download a single copy of any portion of the Content for your personal, non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of Fox 41, WDRB-TV or Independence Television Company. Requests regarding use of the Content for any purpose other than personal, non-commercial use should be directed to the Webmaster .
You acknowledge that the Content includes certain trademarks and service marks owned by Fox 41, WDRB-TV and Independence Television Company and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
If you operate a web site and wish to link to the Service, you must link to the Service's home page at www.fox41.com. Fox 41, WDRB-TV and Independence Television Company reserve the right to reject or terminate any links to the Content or Service.
Interactive Areas
The Service's forums, bulletin boards, e-mail forms and chat rooms are provided to give users an interesting and stimulating forum in which they can express their opinions and share their ideas. Fox 41, WDRB-TV and Independence Television Company do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums [message boards/bulletin boards/chat rooms] and assumes no responsibility for their contents. Please use your best judgment and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language. You may not use the Service's bulletin boards for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the Service and the volume of messages and postings, Fox 41. WDRB-TV and Independence Television Company cannot and do not monitor all of the material posted or transmitted by users and third party information providers. While you agree that the Service will not be liable for such third party content, Fox 41, WDRB-TV and Independence Television Company reserve the right to delete, move or edit any communications which they deem in their sole discretion to be: violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of Fox 41, WDRB-TV's, Independence Television Company's or any third party's rights; or otherwise unacceptable. If you find user or third party material on the Service that you believe to be in violation of the above, please contact the Webmaster .
User Content
By placing material on, sending e-mail forms to, or communicating in any way with Fox 41, WDRB-TV, you hereby grant to Fox 41, WDRB-TV, Independence Television Company and their affiliates and related entities (collectively Independence Television) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant Independence Television the right to use your name in connection with the reproduction or distribution of such material.
By providing us your e-mail address in any form, you may be contacted via e-mail for any reason. If you do not wish to receive e-mail from us, please visit our opt-out page, or send us regular mail to the above address advising us of your wish. Please be aware that all requests to "opt-out" are honored and you should not receive any future e-mail from us after completing the opt-out form or mailing us.
Independence Television does not accept unsolicited materials or ideas for use or publication in their newspapers, broadcast programming, books or other digital and electronic media. Independence Television shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
General Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER INDEPENDENCE TELEVISION, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WDRB-TV, INDEPENDENCE TELEVISION, AND THIRD PARTY AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
iNDEPENDENCE TELEVISION , ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES, EVEN IF SUCH DAMAGES OR LOSSES ARE FORESEEABLE OR KNOWN.
Miscellaneous
Fox 41, WDRB-TV and Indepencence Television Company reserve the right at their discretion to change these Terms of Service. Your continued use of the Service after any such change to the Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts in the State and County where Fox 41, WDRB-TV's studios are located, within one year after the cause of action arises or else the cause will be barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS PLEASE EXIT THE SERVICE IMMEDIATELY.