Terms of Service
Last Updated: March 2010 By using wicu12.com, wsee.tv, cwerie.com, WineOnTheLake.com, BuffaloWineFestival,com, Chefw.com, onecaribbeanweather.com and volunteererie.com (the "Site"), you agree to be
The Web Sites may include (but are not limited to) kitv.com, wicu12.com, wsee.tv, onecaribbeanweather.com, onecaribbeantelevision.com, erienewsnow.com, erietvnews.com and others.
Notices of Restrictions on Your Use
The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the Web Site (the "Content") belongs to Lilly Broadcasting, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and belong to Lilly Broadcasting, its partners, affiliates, contributors or third parties. Third party content is intended to be used on this Web Site in a legally-permissible manner; you may need third party licenses or permissions to use such content for other uses.
Restrictions on Use
You may use the Web Site and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:
- Only use these copies of the Content for your own personal, non-commercial use;
- Do not copy or post the Content (including source codes) on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web Site; and
- Do not modify or alter the Content (including source codes) in any way, or delete or change any copyright, trademark or other legal notice.
- No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the Website. Lilly Broadcasting reserves complete title and full intellectual property rights in any Content you copy or download from this Web Site.
Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. LILLY BROADCASTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE. LILLY BROADCASTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). LILLY BROADCASTING SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE. LILLY BROADCASTING DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. LILLY BROADCASTING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Specific Disclaimer For Downloading of Files
Lilly Broadcasting cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site, the accuracy of any information or content provided through the Web Site, or quality of any file used in conjunction with the Web Site is solely and exclusively with you, the user.
Specific Disclaimer for International Use
Lilly Broadcasting makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. Lilly Broadcasting makes no representation or warranty that the translations are complete and accurate and Lilly Broadcasting, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by Lilly Broadcasting. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
Limitation of Liability
- ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN;
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
- ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF LILLY BROADCASTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless Lilly Broadcasting, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Web Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Web Site or your use of the Content, any violation by you of this Agreement or any applicable law, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user account.
Lilly Broadcasting may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site. Lilly Broadcasting's information collection and use policies with respect to the privacy of collected information are set forth in the Web Site's Privacy Statement which is incorporated herein by reference for all purposes. You may be able to create an account on our Web Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, and to control access to and use of your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
- any libelous, defamatory, obscene, threatening, advertising, harassing, fraudulent, misleading, false, pornographic, abusive, or otherwise illegal or objectionable Material;
- any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
- any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or
- hardware or telecommunications equipment; or
- any Material that harms minors in any way.
You further agree not to (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web Site, or obtaining lists of users or other information from or through the Web Site, including, without limitation, any information residing on any server or database connected with the Web Site; (ii) attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site, or any content thereof, or make unauthorized use thereof; or (iii) impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site, Station or Lilly Broadcasting.
We may also make certain products and services available for purchase or download to visitors of the Web Site. You may only order products or services if you are domiciled in the United States and if, under the laws of your state, you are old enough to enter into a contract to purchase such goods or services. By making a purchase, you represent that you are old enough to enter into such a transaction. You agree to pay in full the process for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us, and you are agree to pay all applicable taxes. Certain products or services that you purchase or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Lilly Broadcasting cannot make any representation or warranty about anything contained in the Material. Lilly Broadcasting likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will Lilly Broadcasting be liable for any activity or injury or consequence that may occur.
Correction of Errors and Inaccuracies
The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
No Endorsements of Links
Hypertext links to third party Web Sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Lilly Broadcasting of the third party, any third-party Web Site, or the information contained therein. You acknowledge and agree that Lilly Broadcasting is not responsible for the availability of any such Web Sites and that Lilly Broadcasting does not endorse or warrant, and is not responsible or liable for any such Web Site, or the content on such Web Site, or the services offered by such Web Site. Under no circumstances will Lilly Broadcasting be responsible for any loss or damage resulting from your use of any such Web Site or the services offered by such Web Site or any content posted on such Web Site or transmitted from such Web Site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web Site.
Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you agree to immediately notify Lilly Broadcasting of any claimed copyright infringement. You further agree to provide Lilly Broadcasting's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
- your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
- identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
- 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 us to locate the material;
- information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf, including your address, telephone number, and email address;
- a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
- a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed.
Lilly Broadcasting's Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:
General Contact Information
Hold Harmless of Service Provider
Technology and hosting for aspects of this website are provided by ScribbleLive, a Third Party Application Service Provider ("Service Provider"). However, Lilly Broadcasting Television, Inc. controls the content, membership and policy of this website, including those pages served by the Service Provider on behalf of this website. Notwithstanding anything to the contrary, by participating on this website you agree to indemnify and hold harmless the Service Provider on all matters related to your interaction with others using this website and participation with this website, including your representation that you are at least thirteen years old. As such, the Service Provider is a third party beneficiary to your agreement with this website; such agreement with this website is defined above.
Limitations on Linking and Framing.
You are free to establish a hypertext link to the Web Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.
Limitations on Use of Materials Generated by the network. Some of the material available on this WEB SITE is provided by others. By using WEB SITE you agree and acknowledge that (1) you will not publish, display, broadcast, or rewrite for broadcast or publication, or redistribute, directly or indirectly in any medium, any text, photo, graphic, audio, and/or video material provided by others; and (2) no materials nor any portion thereof may be stored in a computer except for personal and non-commercial use if provided by others.
Site Registration Process
Responsibility for Your Username and Password
To use certain features of our Site, you will need a username and password, which you will receive through the Site's registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Certain sections of this Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our Site, or on a third-party website that you have accessed via a link on our Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site, and to purchase services or products through the Site, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
Responsibility for User-Provided Content
The site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. The site also may include other features, such as personalized home pages and email services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our rules; (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header "Rights and Restrictions Relating to Site Content."
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any email services that are made available via the Site, lies with each user you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit post or otherwise provide on or through the Site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
When you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
The Federal Fair Housing Act makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination, call the U.S. Department of Housing and Urban Development at 800-669-9777.
Our Site may permit users to post, and search for, job openings. We do not knowingly accept listings regarding employment that are not for bona fide job opportunities. We also do not knowingly accept listings that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that a listing posted on our Site discriminates on any illegal basis, or is otherwise illegal, please contact us. We encourage you to investigate fully and understand all aspects of any job you are considering.
Limitation on Use of Company Directories
The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.