1. Your Acceptance
2. KTVA - nfocus Website
3. Website Access
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The KTVA - nfocus Operator immediately of any breach of security or unauthorized use of your account. Although the KTVA - nfocus Operator will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KTVA - nfocus Operator or others due to such unauthorized use
C. 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 KTVA - nfocus servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the KTVA - nfocus Operator 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. The KTVA - nfocus Operator 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.
4. Intellectual Property Rights
The content on the KTVA - nfocus 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 KTVA - nfocus Operator, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. 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. The KTVA - nfocus Operator 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 KTVA - nfocus Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KTVA - nfocus Website or the Content therein.
5. User Submissions
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The KTVA - nfocus Operator’s designated Copyright Agent to receive notifications of claimed infringement is: James Peterson, LaFollette, Godfrey, and Kahn, One East Main Street, PO BOX 2719, Madison, WI, 53703-2719 email: email@example.com, fax: 608-257-0609. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KTVA - nfocus customer service through the online support form. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the KTVA - nfocus Website, you will be exposed to User Submissions from a variety of sources, and that the KTVA - nfocus Operator is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the KTVA - nfocus Operator with respect thereto, and agree to indemnify and hold the KTVA - nfocus Operator, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. The KTVA - nfocus Operator permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, the KTVA - nfocus Operator provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the KTVA - nfocus Website on the pages containing the Embeddable Player. The KTVA - nfocus Operator reserves the right to discontinue any aspect of the KTVA - nfocus Website at any time.
G. KTVA - nfocus or the KTVA - nfocus Operator may run contests on the KTVA - nfocus website. You understand that by submitting a User Submission to any contest, you acknowledge you have read any rules and/or regulations associated with any contest run by KTVA - nfocus or the KTVA - nfocus Operator and agree to their conditions.
H. KTVA - nfocus or the KTVA - nfocus Operator may offer user profiles on the KTVA - nfocus website. You understand that all information included in a personal profile is considered a "User Submission".
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE KTVA - nfocus WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE KTVA - nfocus OPERATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE KTVA - nfocus OPERATOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KTVA - nfocus WEBSITE. THE KTVA - nfocus OPERATOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE $YNBRANDPLAINTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE $YNBRANDPLAINTV OPERATOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL THE KTVA - nfocus OPERATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KTVA - nfocus WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE KTVA - nfocus OPERATOR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by the KTVA - nfocus Operator from its facilities in the United States of America. The KTVA - nfocus Operator makes no representations that the KTVA - nfocus Website is appropriate or available for use in other locations. Those who access or use the KTVA - nfocus Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Ability to Accept Terms of Service
Last Updated: 8/11/10
KTVA - nfocus - Privacy Notice
Broadcast Interactive Media, LLC, dba KTVA - nfocus, LLC ("KTVA - nfocus") (collectively “KTVA - nfocus Operators”) recognizes that its customers, visitors, users, and others who use www.cachevalleydaily.com or other web sites owned or operated by KTVA - nfocus (the "KTVA - nfocus Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the KTVA - nfocus Sites. KTVA - nfocus provides this Privacy Notice to help you make an informed decision about whether to use or continue using the KTVA - nfocus Sites.
Please note that any video, image, or other content posted at the direction of Users onto the KTVA - nfocus Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information KTVA - nfocus Collects
• User Provided Information: You provide certain personally identifiable information (such as your name and email address) to KTVA - nfocus when choosing to participate in various activities on the KTVA - nfocus Sites such as uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
• Cookies Information: When you visit the KTVA - nfocus Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. KTVA - nfocus uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the KTVA - nfocus Sites may not function properly if the ability to accept cookies is disabled.
• Log File Information: When you use the KTVA - nfocus Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Clear GIFs Information: When you use the KTVA - nfocus Sites, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way KTVA - nfocus Uses Information
• If you submit personally identifiable information to us through the KTVA - nfocus Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the KTVA - nfocus Sites.
• Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the KTVA - nfocus Sites and other Users can contact you through messages and comments. Any videos or photos that you submit to the KTVA - nfocus Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major KTVA - nfocus Site changes or for customer service purposes).
• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the KTVA - nfocus Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
When KTVA - nfocus Discloses Information
• We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
• We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the KTVA - nfocus Sites.
• We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact KTVA - nfocus with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
Third-party Advertisers, Links to Other Sites
KTVA - nfocus does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks KTVA - nfocus to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the KTVA - nfocus Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Currently, KTVA - nfocus has relationships with the following third-party ad servers or ad networks:
• 24/7 Real Media, Inc. http://www.247realmedia.com/privacy.html
• Adbrite, Inc. http://www.adbrite.com/mb/privacy.php
• DoubleClick http://www.doubleclick.net/us/corporate/privacy
• Fastclick, Inc. http://www.fastclick.com/company/privacy.html
• Google, Inc. http://www.google.com/privacypolicy.html
Please note that this list may be updated at anytime by KTVA - nfocus.
Our Commitment To Data Security
KTVA - nfocus uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to KTVA - nfocus and you do so at your own risk. Once we receive your transmission of information, KTVA - nfocus makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If KTVA - nfocus learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. KTVA - nfocus may post a notice on the KTVA - nfocus Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, KTVA - nfocus does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the KTVA - nfocus Sites from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the KTVA - nfocus Sites at any time or in any manner. If KTVA - nfocus learns that personally identifiable information of persons under 13 years of age has been collected on the KTVA - nfocus Sites without verified parental consent, then KTVA - nfocus will take the appropriate steps to delete this information.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that KTVA - nfocus is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the KTVA - nfocus Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.