Policies

LEGAL NOTICE

KQW, KQW-TV, kqwtv.net, kqwam.net and kqwfm.net are trademarks of United Broadcasting System LLC. All rights reserved. The KQW-TV website is copyrighted by United Broadcasting System, LLC. All rights reserved. All other trademarks and copyrighted material are the property of their respective owners.

TERMS OF USE AND DISCLAIMER OF LIABILITY

United Broadcasting System, LLC (hereinafter “United”, “we” or “us”) operates the KQW-TV website (hereinafter “Website”). Following are the terms and conditions (hereinafter “terms of use”) under which permission is granted to site users or visitors (hereinafter “you”, “your” or “yours”) to access and use the Website. Your use of the Website constitutes your acceptance of these terms of use, as amended from time to time, and your agreement to be legally bound by them as well as by all applicable laws and regulations. If you do not agree to be bound by these terms of use, you must immediately leave the Website and are not permitted to view or use it in any manner.

1. Change in Terms of Use

United reserves the right to change, alter, modify or discontinue the Website, the service, its content, design, features, links, hours of availability, terms of use or privacy policy in any way and at any time with or without prior notice. Your use of the Website subsequent to any such modifications signifies your agreement to be legally bound by these changes or modifications. Accordingly, you are encouraged to review these terms of use prior to each use of the Website.

2. Restrictions on Use

You may use the Website solely for your own personal, non-commercial use and only for lawful purposes. You may not republish, broadcast, retransmit, reproduce, distribute, upload or post the content of the Website, its code or software, in any way, nor shall you sell, rent, license, transfer or give the content to any third party or create or authorize the creation of any derivative works from it. You may not use any of the marks appearing throughout the Website without obtaining express written permission from their owners, except as permitted herein or by law. Further, you may not modify or alter the content in any way. Third parties whose content or other material appears on or through the Website may have terms and conditions of use that are additionally applicable. The Website contains material that is protected by trademark, copyright or other intellectual property laws, and may not be reproduced or used in any manner not allowed by law or expressly granted herein. All intellectual property or proprietary rights to the content are retained by United and/or their respective owners as the case may be.

3. Claims of Copyright Infringement

United respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination of use in appropriate circumstances by those who infringe upon the rights of copyright owners.

If you believe that your work appears on the Website in a way that constitutes copyright infringement, you agree to so notify United’s copyright agent as follows:

By U.S. Mail:   Copyright Agent
                        United Broadcasting System LLC
                        P.O. Box 25833
                        Woodbury, Minnesota 55125

By e-mail: kqwtv @kqwtv.net
Attn: Copyright Agent

You further agree to provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC s 512):
1. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
3. identification of the location (for example, the URL) where the original or an authorized copy of the copyrighted work exists;
4. identification of the location on the Website where the material that you claim is infringing is located; you must provide information adequate for us to locate the material.
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6 .a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
7. your name, address, telephone number and e-mail address.

This contact information is for use only in reporting alleged copyright infringement issues. Due to security concerns, attachments cannot be accepted. Any notification of infringement submitted electronically with an attachment will not be received.

4. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE TO ASSUME TOTAL AND COMPLETE RISK AND RESPONSIBILITY FOR YOUR USE OF THE WEBSITE WHICH SHALL ONLY BE USED BY YOU AS AUTHORIZED HEREIN OR BY LAW. ALL WEBSITE CONTENT IS PROVIDED STRICTLY ON AN ‘‘AS IS” AND “AS AVAILABLE” BASIS. UNITED SPECIFICALLY DISCLAIMS ALL LIABILITY AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT CONCERNING THE WEBSITE, THE SERVICE OR ITS CONTENT. THIS DISCLAIMER BY UNITED SHALL EXTEND TO AND INCLUDE ADVERTISING MESSAGES AND ALL OTHER CONTENT, INFORMATION, SERVICES, FEATURES, PRODUCTS OR LINKED SITES PROVIDED BY OR THROUGH THIRD PARTIES, INCLUDING THOSE PARTIES WITH WHOM UNITED MAY HAVE AN AFFILIATE, COBRANDING OR PRIVATE LABEL AGREEMENT OR OTHER RELATIONSHIP.

IN NO EVENT AND AT NO TIME SHALL UNITED, ITS OWNERS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES OR ATTORNEYS BE IN ANY WAY LIABLE OR RESPONSIBLE FOR ANY CLAIM, LOSS, INJURY, EXPENSE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ANY PERSON OR ENTITY ARISING OUT OF THE DIRECT OR INDIRECT USE OF, OR INABILITY TO USE, THE WEBSITE, ITS SERVICE, CONTENT OR FEATURES, EVEN IF UNITED HAS BEEN ADVISED EITHER OF THE POTENTIAL OR OCCURRENCE OF ANY SUCH CLAIM, LOSS, INJURY, EXPENSE OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT IN NO EVENT SHALL UNITED’S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, EXCEED THE AMOUNT, IF ANY, PAID TO US BY YOU FOR ACCESS TO THE WEBSITE.

Virtually all of the content available on or through the Website is provided by third parties who are responsible for their respective content and its delivery, and over whom United has no control and assumes no responsibility or liability. You are cautioned that each of these parties may have terms of use or privacy policies or observe business or operational practices that vary from those of United and each other. It is solely your responsibility to evaluate the accuracy, usefulness, truth, reliability, currentness, safety, appropriateness or completeness, if any, of all of the content, the service and the Website generally. United does not investigate, verify or review content provided by these third parties and shall have no liability to you or any party or entity arising out of reliance or failure to rely on said content. You are cautioned that any or all of the content on the Website may be incorrect, unreliable, out of date, incomplete, inappropriate, unsuitable or offensive. Accordingly, you must make your own independent evaluation of all content before relying thereon. Without limiting the foregoing, the purchase of securities or other forms of investing carries substantial risk and should not be undertaken without first receiving personalized advice appropriate to your situation from a qualified professional. Stock quotes and other market or financial data may be on a delayed basis as determined by the respective content providers and/or other third parties and should be verified through independent means. This information shall not be relied upon for trading or commercial purposes. Content of all types available on or through the Website is provided for informational purposes only, and is not intended to act, and shall not be construed as, a substitute for independent, personalized advice from a qualified professional which should always be sought. United does not warrant that the Website, the server that makes it available, the service or content will be free from errors, omissions or defects, or that accessibility, availability or service will be uninterrupted. You are warned that the Website, its content (including content accessed by links to other sites or any other means) or the service may contain elements potentially destructive, damaging or contaminating to computers or other equipment. These could include by way of example and without limitation, viruses, worms or Trojan Horses. United is not responsible or liable for any damage or injury caused to any party or equipment by these elements, regardless of their type or duration.

YOU AGREE THAT YOUR USE OF THE WEBSITE, OR USE BY OTHERS THROUGH YOUR ACCOUNT OR MEANS OF ACCESS, WHETHER ON AN AUTHORIZED OR UNAUTHORIZED BASIS, IS SOLELY AT YOUR OWN RISK. IF YOU ARE IN ANY WAY DAMAGED, INCONVENIENCED OR OTHERWISE DISSATISFIED WITH YOUR USE OF THE WEBSITE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO STOP USING THE WEBSITE.

5. Indemnification

You agree, at your own expense, to indemnify and hold harmless United, its owners, officers, managers, agents, employees or attorneys from all claims, losses, damages or expenses (including reasonable attorney’s fees) arising out of your breach of these terms of use or any direct or indirect use of the Website by you, or by others through your account or means of access, whether said use is on an authorized or unauthorized basis.

6. Links

Links to Other Sites

The Website includes links to multiple third party sites that are provided solely for your convenience. The existence of these links does not imply, and shall not be construed as, an endorsement, approval or recommendation of the third party, its site or its content by United nor shall it be construed as an approval of the Website, or imply association with it, by the linked site. United has no control over these third party sites and has made no investigation, verification or review of their content, suitability, intellectual property law compliance, safety or accuracy or any other features or elements of these linked sites. United makes no warranty, express or implied with respect to the links, the linked sites, their content or any products or services offered by or through them, and specifically disclaims all liability or responsibility associated therewith. You acknowledge and agree that United shall have no responsibility for any claim, loss, injury, expense or damages associated with the use, access or inability to access a linked site or service, or for the products or services purchased or otherwise acquired from or through them. Linked sites may have terms of use, privacy policies and/or employ business or operational practices that vary from those of United and each other. Your are urged to conduct your own thorough review of these linked sites before relying on them in any way, as your use of them is solely at your own risk. United reserves the right to terminate any link at any time with or without prior notice.

Links to Us

You may establish a hypertext link to the Website however, you must link to an entire page of the Website and may not change or alter its content or meaning in any way. You may not under any circumstances link directly to any audio, video or streaming content. Framing of Website content or use of inline links are strictly prohibited as is creating the impression that you, your site or organization, or any third party, is associated with or sanctioned, endorsed, sponsored or approved by United. Use of United’s marks, including logos, graphics or other intellectual property is not allowed without the express written permission of United. Links to the Website are made at your own risk. United reserves the right to alter or change the structure of the Website such that broken links from other sites may result.

7. Advertising & Merchant Activity

United makes no representations or warranties, express or implied, and specifically disclaims any liability or responsibility for the claims, statements, representations or opinions of advertisers whose advertising or other promotional messages appear on or through the Website, or for the quality, suitability, safety, accuracy, reliability, delivery, appropriateness or any other aspects of the products or services offered by them. You expressly understand and agree that United is in no way a party to the purchase or sale of any products or services through the Website. These transactions include without limitation, sales from, by or to advertisers, or others whose advertising messages or other content appear on the Website, or through it via links or any other means. This disclaimer extends to and includes advertisers, merchants, vendors or other parties with whom United may have an affiliate, cobranding or private label relationship. These areas of the Website may have the look and feel of the Website, but are comprised of products, services, features or programs offered wholly by third parties outside of United’s control and for whom United assumes no responsibility or liability of any kind. If you elect to buy or sell any products or services through the Website, it is entirely at your own risk and is strictly a transaction between you and the buyer or seller as the case may be, with no liability or responsibility on the part of United in any way. It is solely your responsibility to evaluate the advertiser or other applicable third party, and the products or services being offered prior to making a purchase and for ensuring payment or collection of payment for any goods or services that you buy or sell, as well as for the safety of credit card or other personal information. You are encouraged to contact the seller or merchant directly with any questions or concerns you may have in advance of consummating a purchase or sale or providing personal information of any kind. You agree not to assert any claim against United arising from your purchase, acquisition or use of any products or services made available by third parties on or through the Website.

8. Conduct by Users

You agree to accept full responsibility for your behavior when using or accessing the Website. This includes responsibility for the actions of others who access the Website via your account or means of access, whether on an authorized or unauthorized basis. You shall take no action or engage in any activity that disparages, damages or threatens the Website, or its operation, or others, or that contributes to or results in malfunction of the Website or inaccessibility to it by others. You agree that United is not liable for any defamatory, offensive or illegal conduct of any user or third party. To the extent that opportunity is offered to you by us to post your own content on the Website, you agree not to post material that is obscene, vulgar, threatening, hate-oriented, harassing, distasteful or defamatory or that is fraudulent, false, misleading, misrepresentative, threatening, illegal or that you do not have the right to transmit under law or because of contractual or fiduciary relationships. Further, you shall post no content that violates the intellectual property or other rights of any person or entity or that contains software viruses, bugs or programs harmful or contaminating to the operation of any computer hardware, software or telecommunications network or equipment, nor shall you gather e-mail addresses or other information from the Website for the purpose of spamming or any other unlawful use. However, because United does not monitor these areas of the Website, you may encounter posted material that you find to be offensive or unacceptable in some fashion. Notwithstanding the foregoing, United retains the right, but not the responsibility, to remove content that in its sole discretion it deems to be unsuitable or unobjectionable. By providing or submitting content of any kind to or through the Website, you are granting to United a nonexclusive, irrevocable, royalty-free worldwide license in perpetuity to the material that United, at its option, may disseminate, publish or reproduce in any manner and through any media throughout the world either now existing or hereafter invented without any obligation or responsibility to you. United, at its sole discretion, reserves the right to cancel or terminate use of the Website by any person or entity at any time, with or without prior notice. Your obligations pursuant to these terms of use shall survive any such termination. United will take appropriate legal action against any party that violates these terms of use.

9. Governing Law & Enforceability

Use of the Website and these terms of use shall be governed in accordance with the laws of Minnesota, and you consent to the exclusive jurisdiction of Minnesota courts regarding any disputes or issues related to the Website. Notwithstanding the foregoing, you agree that United may enforce its rights in any court of competent jurisdiction. If any provision of these terms of use shall be found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed severable, but such action shall not affect the validity or enforceability of any remaining provisions.

10. Paragraph Subparts

The paragraph headings, breaks and/or subparts herein are provided solely for the convenience of the reader and are not intended to limit or alter meaning in any way.

11. Waiver

No waiver by United of any breach hereunder shall be deemed to be a waiver of any preceding or subsequent breach.

12. Privacy

United knows that you value your privacy and we wish to respect that privacy. Following are the privacy policies observed by us.

Collection and Use of Personal and Other Information by Us

The conditions under which we will acquire personal information are as follows:
1. If you contact us in any manner and for any reason, and supply us with personal information (e.g. name, e-mail address, etc.); or
2. If we are furnished with your personal information from any third party, including content or other providers or partners to whom you have provided personal information.

Generally, the Website is not directed at children. We do not knowingly collect or accept personal information from children under the age of 13. If you supply personal information to us, you are representing that you are over the age of 13. If we become aware that we have inadvertently received personal information from anyone under the age of 13, we will delete that information from our records. United strongly encourages parents to actively monitor and supervise the internet activities of children to assure them a safe and age appropriate internet experience. There are a number of resources available to parents to assist them in ensuring the safety of children on the internet, including commercially available filters and other parental control products. One site that offers informational resources for parents is getnetwise.org.

We may use your personal information to contact you periodically concerning the Website, and/or to advise you of changes or updates to Website content or features that we think you may find of interest. If at any point you do not wish to receive this information from us, opportunity will always be provided for you to opt-out of receiving such messages.

We will not sell or otherwise intentionally provide your personal information to anyone for marketing or any other purpose. There are two exceptions to this policy:
1. If we are requested to do so by a court or law enforcement agency or otherwise as part of a legal proceeding, in our sole discretion to protect our business interests or to enforce these terms of use, or in order to avoid harm or threat of harm to any party or entity; and
2. Should we need to do so in order to maintain or ensure access to the Website or the service by you or others.

We may gather nonidentifying or aggregate information such as traffic and usage statistics and the like, that we may share with our advertisers, or other parties as part of our ongoing development of the Website or otherwise as part of our business activities.

These data gathering efforts may include the use of browser cookies.

Collection and Use of Personal and Other Information by Third Parties

There may be opportunities on the Website, or on linked sites, to provide personal information for a variety of purposes, including but not limited to, registering or signing up for news or other content to be sent to you, or as part of the purchase, acquisition or use of products or services. When you furnish this personal information, you are providing it to third parties who are separate from, and not under the control of United in any way. This includes content that may have the look and feel of the Website, but is furnished and/or operated by third parties, including those with whom United may have an affiliate, cobranding, private label or other relationship. If you supply personal information to these, or any third parties, including advertisers, the privacy policy of that party will govern their collection and use of your personal information.

Third parties, including without limitation advertisers or other content providers, may also utilize a variety of other information collection practices. This may include by way of example and without limitation, placing or recognizing cookies on your browser or using other information gathering tools. In order to provide a seamless and consistent viewing experience, certain content may have the look and feel of the Website, but are actually links to other sites. In these situations, you are no longer on the Website, but rather on a different site whose privacy policy, including information collection and use practices, may differ from those of United and each other. The privacy policy of the site you are on will govern how information is collected and used. Accordingly, you are encouraged to always review and understand the privacy policies of third parties, including their collection and use of all information, personal and otherwise, before either providing personal information or accessing or using their content. United assumes no responsibility and specifically disclaims any liability for the privacy policies, including the information collection (personal or otherwise) and use practices of any third party. If you have questions or concerns about the privacy policy of any third party, you should contact that entity directly.

Changes to Our Privacy Policy

United reserves the right to change or alter its privacy policy at any time. Should we elect to do so, those changes will be posted here. Your obligations under these terms of use are not conditioned upon United complying with the terms of its privacy policy.

13. Contact Us

We welcome comments and suggestions on how we can make the Website better and more responsive to your needs. The volume of mail we receive makes it impossible for us to review or respond to every inquiry, but we will consider your suggestions. Contact us at the following address:

Comments, suggestions or other inquiries: kqwtv@kqwtv.net

Updated November, 2006