WFXS, FOX55 - Terms Of Service
Welcome to myFOXwausau.com!
By using our site, you agree to abide by the terms of the Terms of Use and the myFOXwausau.com Privacy Policy. These are legally binding agreements between you and us; please read them carefully.
When using myFOXwausau.com, you also are subject to other posted guidelines or rules applicable to certain services available on our site. All such guidelines and rules are part of this Terms of Use and you agree to them by using myFOXwausau.com.
Because the Web is an evolving medium, we may need to change the terms of this Terms of Use from time to time, in which case we will post the revised Terms of Use on this site. By continuing to use the myFOXwausau.com.com Web site after we post any such changes, you accept the Terms of Use as modified.
We may change, restrict access to, suspend or discontinue this Web site, or any portion of this Web site, at any time. From time to time, we may establish general practices, limits, or restrictions concerning the use of our site and the posting of information, comments and other materials by registered members of our community. Registration and Posting. To post information or comments on the myFOXwausau.com Web site, or to obtain access to certain myFOXwausau.com services, you must become a registered user of the site.
We are concerned about the safety and privacy of children and, therefore, we do not permit children under the age of 18 to register to use the Service. In our registration process, you will be required to provide your e-mail address, zip code, gender, and year of birth. You also will be asked to select a password.
You agree that the information you supply during the myFOXwausau.com registration process, and maintain after registration, will be accurate and complete and that you will not supply the e-mail address of, register under the name of, or attempt to access the site under the name of, another person. We will delete any member account that we believe has been created using false or fraudulent information, and will delete any content posted on the site using such an account. Termination Actions. We reserve the right to reject or terminate the use of any member name that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your myFOXwausau.com password and account, and are responsible for all activities that occur under your password and account. If you discover or suspect any unauthorized use of your password or account, or any other breach of security, you agree to immediately notify Webmaster. We may terminate any member account that is inactive for an extended period of time. We reserve the right to terminate the member account of, and to restrict or deny access to our Web site or any service provided via our Web site to, anyone who violates this Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. Rights to screen content. We have the right (but not the obligation), in our sole discretion, to screen content submitted by our members and to edit, move, delete, and/or refuse to accept any content that in our judgment violates this Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Information Provided by myFOXwausau.com
The content on the myFOXwausau.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to myFOXwausau.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. myFOXwausau.com(tm) is a trademark of Davis Television Wausau, LLC. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. myFOXwausau.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the myFOXwausau.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the myFOXwausau.com Website or the Content therein. You may not decompile or disassemble reverse-engineer or otherwise attempt to discover any source code contained in the myFOXwausau.com service.
User Submissions
The myFOXwausau.com Website may now or in the future permit
the submission of videos or other communications submitted by you
and other users ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, myFOXwausau.com
does not guarantee any confidentiality with respect to any
submissions. We assume no responsibility or liability for the
deletion, corruption, or loss of any content submitted by a
myFOXwausau.com member, or for myFOXwausau.com's failure to receive
or store submitted content for any reason, including, without
limitation, malfunctioning of any network, hardware or software.
You will be solely responsible for your own User Submissions of
whatever nature that you post on, transmit via or link to from the
myFOXwausau.com site and are responsible for the consequences of
posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: (i) you are the owner
of the content, or otherwise have the right to post such content to
our site; (ii) the content is accurate, (iii) the content will not
violate the rights of or cause injury to any person or entity, (iv)
you own or have the necessary licenses, rights, consents, and
permissions to authorize myFOXwausau.com to use the User
Submissions in the manner contemplated by this site and these Terms
of Service; and (v) you have the written consent, release, and/or
permission of each and every identifiable individual person in the
User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the
User Submissions in the manner contemplated by this site and these
Terms of Service. For clarity, you retain all of your ownership
rights in your User Submissions. However, by submitting the User
Submissions to myFOXwausau.com, you hereby grant myFOXwausau.com a
worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in
connection with the myFOXwausau.com Website and myFOXwausau.com's
(and its successor's) business, including without limitation for
promoting and redistributing part or all of the myFOXwausau.com
Website (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of the
myFOXwausau.com Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the Website
and under these Terms of Service. The foregoing license granted by
you terminates once you remove or delete a User Submission from the
myFOXwausau.com Website. In connection with User Submissions, you
further agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant
myFOXwausau.com all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage
myFOXwausau.com or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v)
impersonate another person. myFOXwausau.com does not endorse any
User Submission or any opinion, recommendation, or advice expressed
therein, and myFOXwausau.com expressly disclaims any and all
liability in connection with User Submissions. myFOXwausau.com does
not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and myFOXwausau.com
will remove all Content and User Submissions if properly notified
that such Content or User Submission infringes on another's
intellectual property rights. myFOXwausau.com reserves the right to
remove Content and User Submissions without prior notice.
myFOXwausau.com will also terminate a User's access to its Website,
if they are determined to be a repeat infringer. A repeat infringer
is a User who has been notified of infringing activity more than
twice and/or has had a User Submission removed from the Website
more than twice. myFOXwausau.com also reserves the right to decide
whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or
excessive length. myFOXwausau.com may remove such User Submissions
and/or terminate a User's access for uploading such material in
violation of these Terms of Use at any time, without prior notice
and at its sole discretion.
Prohibited Content
By using our site, you agree that you will not post or
otherwise make available any content or material that:
* is profane, sexually explicit, tortuous, vulgar, obscene,
libelous, abusive, misleading or unlawful, or infringes the rights
of others or interferes with the ability of others to enjoy
myFOXwausau.com;
* harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
* harms minors in any way;
* impersonates any person or entity, including, but not
limited to, a myFOXwausau.com employee or another myFOXwausau.com
member, or that falsely states or otherwise misrepresents your
affiliation with a person or entity;
* includes personal or identifying information about another
person without that person's explicit consent;
* is false, deceptive, misleading, deceitful or
misinformative;
* is non-local or otherwise irrelevant;
* infringes any copyright, patent, trademark, trade secret or
other proprietary rights of any party;
* you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
* constitutes or includes unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of unauthorized
solicitation;
* contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of the myFOXwausau.com Web site or any computer
software or hardware or telecommunications equipment;
* interferes with or disrupts the myFOXwausau.com.com service
or servers or networks connected to myFOXwausau.com or disobeys any
requirements, procedures, policies or regulations of networks
connected to the myFOXwausau.com;
* intentionally or unintentionally violates any applicable
local, state, national or international law;
* provides material support or resources (or conceals or
disguises the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act.
Prohibited Behavior Includes; You further agree that you will not:
* contact anyone who has asked not to be contacted;
* engage in personal attacks, harass or threaten, question
the motives behind others' posts or comments, deliberately inflame
or disrupt the conversation, or air personal grievances about other
members of the community.
* collect personal data about, or the e-mail addresses of,
other myFOXwausau.com members for commercial or unlawful purposes
or for purposes of sending unsolicited commercial e-mail;
* repeatedly post the same or similar content or otherwise
impose an unreasonable or disproportionately large load on our
infrastructure;
* take or cause to be taken any action that disrupts the
normal flow of postings and dialogue on myFOXwausau.com (such as
submitting an excessive number of messages - i.e., a flooding
attack), or that otherwise negatively affects other members'
ability to use the myFOXwausau.com site and/or services;
* use automated means, including spiders, robots, crawlers,
data mining tools, or the like to download data from
myFOXwausau.com. Exception is made for Internet search engines
(e.g., Google) and non-commercial public archives (e.g.,
archive.org) that comply with our Terms of Use.
External Links
myFOXwausau.com may contain links to other Web sites that are
not owned or operated by myFOXwausau.com and are separate and
independent from our site. Visiting such other Web sites from
myFOXwausau.com is done at your own risk. We are not responsible
for, and cannot guarantee, the availability or operation of these
links, nor are we responsible for the performance or quality of any
products, services, content or other materials made available on or
offered through the linked sites. A link to another Web site does
not constitute our endorsement of that site, nor of any product,
service, content or other material offered on that site.
Copyright Infringement Notification Procedure
If you are an owner of intellectual property or an agent of
such owner who believes your intellectual property has been copied
and is accessible on this site in a way that constitutes copyright
infringement, please notify us.
Classified: Limitation on Liability
myFOXwausau.com may now or in the future offer private
individuals the opportunity to place classified ads on
myFOXwausau.com Commercial firms are prohibited from creating free
listings, but they may be able to purchase premium listings.
myFOXwausau.com reserves the right to remove listings it believes
have been place by commercial entities. Your interactions with
organizations and/or individuals found on or through
myFOXwausau.com, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties. You agree that myFOXwausau.com/Davis Television
Wausau, LLC shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on this site, or between
users and any third party, you understand and agree that
myFOXwausau.com/Davis Television Wausau, LLC. is under no
obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release myFOXwausau/Davis
Television Wausau, LLC, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in
any way related to such disputes and / or our myFOXwausau.com
Placement of classified ads is governed by this Terms of Use,
including the following specific terms: You represent and warrant
that no classified ad you post on myFOXwausau.com (nor any
enhancement you post to an existing listing) (a) will violate any
applicable law, rule or regulation (including, but not limited to,
any law relating to false or deceptive advertising), (b) will be
libelous, nor (c) will it infringe any right of any third party,
including, but not limited to, any contractual right, copyright,
trademark or trade secret right or any right of privacy or
publicity. You will indemnify and hold myFOXwausau.com, its
affiliated entities and its employees harmless against any and all
expenses and losses of any kind (including reasonable attorneys'
fees) incurred by them in connection with (x) any breach or alleged
breach of this warranty, and/or (y) any classified ad you post or
any enhancement you post to an existing listing. THE AGGREGATE
LIABILITY OF myFOXwausau.com ARISING OUT OF ANY CLASSIFIED AD YOU
POST OR ATTEMPT TO POST ON myFOXwausau.com , ANY YELLOW PAGES
LISTING YOU POST, AND ANY ENHANCEMENT YOU POST TO AN EXISTING
LISTING WILL BE LIMITED TO THE AMOUNT YOU PAID TO myFOXwausau.com,
IF ANY, WITH RESPECT TO THE AD(S) AND/OR LISTINGS OUT OF WHICH THE
CLAIM ARISES OR THE DISPLAY OF THE RELEVANT AD OR LISTING AT A
LATER TIME, AT myFOXwausau.com's DISCRETION. OTHERWISE,
myFOXwausau.com WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR
EXPENSE CAUSED BY OR ARISING OUT OF myFOXwausau.com’s FAILURE
TO DISPLAY ANY CLASSIFEID AD OR ANY YELLOW PAGES LISTING, OR THE
MANNER IN WHICH ANY SUCH AD OR LISTING IS DISPLAYED.
Your Responsibilities
You agree to use our Web site in accordance with
this Terms of Use, including our Privacy Policy.
If you see something on the site that you believe is
inaccurate, or about which you hold a different opinion, feel free
to post a comment. If you see something on the site that you
believe violates this Community Agreement, interferes with the
ability of others to enjoy the site, or is otherwise objectionable,
click the "Report Misconduct" link on that page. Your interactions
with companies, organizations and/or individuals found on or
through our site, including any purchases, transactions, or other
dealings, and any terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
companies, organizations and/or individuals. You agree that we will
not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute
between members of this site, or between a member and any third
party, you understand and agree that we are under no obligation to
become involved. In the event that you have a dispute with one or
more other members, you release myFOXwausau.com, its officers,
employees, agents, representatives and successors from any claims,
demands and damages of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way related to such disputes and/or our site. You
agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that
accesses the Website in a manner that sends more request messages
to the myFOXwausau.com servers in a given period of time than a
human can reasonably produce in the same period by using a
convention on-line web browser. Notwithstanding the foregoing,
myFOXwausau.com grants the operators of public search engines
permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials.
myFOXwausau.com reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or
harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems
provided by the Website for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any users of the
Website with respect to their User Submissions.
Disclaimer of Warranty; Limitation of Liability;
Indemnification
We work hard to make this Web site. We cannot guarantee,
however, that our users will always find everything to their
liking; nor could we provide a free service if we were exposed to
substantial liability. Please read these disclaimers and
limitations carefully before using this Web site.
NO WARRANTIES: YOU AGREE THAT USE OF THE myFOXwausau.COM. WEB
SITE AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS
ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY myFOXwausau.com
ON AN "AS IS" AND "AS AVAILABLE" BASIS. myFOXwausau.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE,
NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY
AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE
FULLEST EXTENT PERMITTED BY LAW, myFOXwausau.COM. DISCLAIMS ANY
WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH
ANY LINKS ON THE myFOXwausau. SITE. LIMITATIONS ON OUR LIABILITY:
UNDER NO CIRCUMSTANCES WILL myFOXwausau.com OR ITS AFFILIATES,
AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT
OF YOUR USE OF THIS WEB SITE OR ANY PRODUCT OR SERVICE LINKED TO,
FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF
DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF myFOXwausau.com
AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS
ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS
WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO
myFOXwausau.com FOR THE USE OF THIS WEB SITE. INDEMNIFICATION BY
YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS myFOXwausau.com, ITS
AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS
AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT
POSTED ON THE myFOXwausau.com.COM SITE BY YOU OR BY OTHERS USING
YOUR ACCOUNT. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous
The myFOXwausau.com service may be transmitted to you over
various networks, and any content that you contribute may be
modified to comply with this Terms of Use or to conform and adapt
to our technical requirements and those of connecting networks or
devices. You are solely responsible for obtaining access to
myFOXwausau.com, and you must provide and be responsible for all
equipment needed to access myFOXwausau.com. Our failure to exercise
or enforce any of our rights or to enforce any provision of this
Terms of Use will not constitute a waiver of such right or
provision. If any provision of this Terms of Use is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and that all
other provisions of the Terms of Use will remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to
this Terms of Use or use of the myFOXwausau.com site must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
Choice of Law and Forum
Any dispute of any sort that might arise between you and
myFOXwausau.com will be governed by the laws of the United States
and of the state of Wisconsin, without regard to its principles of
conflict of laws. You and myFOXwausau.com submit to the exclusive
jurisdiction of the state and federal courts in the state of
Wisconsin.
Feedback
We welcome your questions or comments about this Terms of Use
or our Web site, and also welcome any suggestions you may have for
improvement of our site. Please contact us at
comments@myFOXwausau.com
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