Welcome to WestKentuckyStar.com, an interactive online information service operated by Bristol Broadcasting Company ("Company", "us", "we", or "our"). This agreement ("User Agreement") is between you and Bristol Broadcasting Company. Use of WestKentuckyStar.com (the "Web site") signifies your agreement to the terms and conditions of use set forth below in the User Agreement:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Web site.
(2) We may monitor your use of our Web site, and may freely use and disclose any information and materials received from you or collected through your use of the Web site for any lawful reason or purpose.
(3) We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this User Agreement, in whole or in part, at any time. Notification of changes in the User Agreement will be posted on our Web site.
(4) Our Web site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Web site are only for your personal, noncommercial use. All materials contained on our Web site are protected by copyright, and are owned or controlled by us or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Web site. You may download and make copies of the content and other downloadable items displayed on our Web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Bristol Broadcasting Company or the copyright holder identified in the individual contents copyright notice.
(5) We may change, suspend or discontinue any aspect of our Web site at any time, including the availability of any Web site feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of our Web site without notice or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through our Web site any materials which (i) restrict or inhibit any other user from using and enjoying our Web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
(7) You hereby agree to indemnify, defend and hold our Company, and all its officers, directors, owners, agents, employees, information provid-ers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the User Agreement or the foregoing representations, warranties and covenants, in-cluding, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Bristol Broadcasting Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of our Company.
(8) Our Web site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of our Web site. Links to and from our Web site to other third party sites, maintained by third parties, do not constitute an endorsement by Bristol Broadcasting Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
(9) We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or in-formation shall be at your sole risk. We reserve the right, at our sole discretion, to correct any errors or omissions in any portion of the Web site.
(10) We do not and cannot review all materials posted to the Web site by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Bristol Broadcasting Company's sole discretion are objectionable or in violation of this User Agreement.
(11) OUR WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON OUR WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER, BRISTOL BROADCASTING COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BRISTOL BROADCASTING COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRISTOL BROADCASTING COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(12) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Web site, you hereby grant to Bristol Broadcasting Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against our Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
(13) You acknowledge that transmission to and from this Web site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to us, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to this User Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF KENTUCKY.
(15) This User Agreement constitutes the entire agreement between Bristol Broadcasting Company and you with respect to your use of the Web site. Any cause of action you may have with respect to your use of the Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the User Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the User Agreement, and the remainder of this User Agreement shall continue in full force and effect. We disclaim any and all responsibility for content contained in any third party materials provided through links from the Web site.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE.