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Visitor Agreement

This website is provided to you by KTVU Partnership, d/b/a KTVU-TV ("we" or "us"). This visitor agreement is a binding legal contract between you and us. Please read this visitor agreement; by using this service, you accept its terms. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified.

We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.

We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:

Steve Patterson
Website Manager
KTVU-TV
2 Jack London Square
Oakland, CA 94607
steve.patterson@ktvu.com



PRIVACY

We respect the privacy of the users of our website. Please take a moment to review our privacy policy.



INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through this website. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website can be sent to steve.patterson@ktvu.com.

Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any message boards, classifieds, forums, or community publishing areas, you agree that we (including our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.

No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be sent to steve.patterson@ktvu.com.

Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark. KTVU and BayInsider are trademarks of KTVU Partnership.

Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by completing our Intellectual Property Notification form, or by sending a notice by U.S. Mail to Steve Patterson, KTVU-TV, 2 Jack London Square, Oakland, CA 94607. A written notice must contain at least the same information as requested in our online form. You should only use the Intellectual Property Notification form or send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website. We will not respond to any other inquiries directed to us through this form. Such inquiries should be made via the feedback procedure described on our website.

AP Materials. Some of the material on our website is provided by the Associated Press. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion of these materials may be stored in a computer except for personal and non-commercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions in these materials or in the transmission or delivery of all or any part of these materials or for any damages arising from any of the foregoing.

DISCLAIMERS

We work hard to make this website an interesting and enjoyable place. 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 carefully before using this website.

Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. In addition, some reports, such as stock quotes and related financial news, may be delayed at least 20 minutes due to requirements of the stock exchanges and/or financial information services. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Materials Submitted by Other Users. We cannot and do not review every posting made in our chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).

No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

USE OF COMMUNICATIONS SERVICES

We may provide a variety of services on this website through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.

We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or KTVU Partnership and its employees, agents, partners and affiliates.

We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
  • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
  • Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
  • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Uploading or posting any off-topic or irrelevant material to any chat room or forum;
  • Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
  • Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • "Stalking" or otherwise harassing another;
  • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
  • Collecting or storing personal data about other users;
  • Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.


Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.

Indemnity. You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any free email service available through this website.

MISCELLANEOUS

Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 13 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us at steve.patterson@ktvu.com of any known or suspected unauthorized use of your account.

Jurisdiction. This visitor agreement has been made in and shall be construed in accordance with the laws of the State of California. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Alameda County, California in all disputes arising out of or relating to this agreement or this website.

Headlines Embeddable Module
  1. Use of the Headline Module
    We hereby grant you a limited, non-exclusive, royalty-free license throughout the world to incorporate the embedded codes, graphics, text, design, logos, trademarks and intellectual property contained therein (collectively, the "Headline Module") into your personal website for the limited purposes defined herein. The Headline Module is a free service we offer and you agree that you will only use the service for personal, non-commercial purposes. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Headline Module, are strictly prohibited. You must use the Headline Module as provided by us and you agree that you will not edit or modify the html code. Except as provided for herein, you understand and agree that you will not: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Headline Module or any portion thereof; or delete or fail to display any promotional taglines included in the Headline Module; (b) rent, lease, or otherwise transfer rights to the Headline Module; (c) display the name, logo, trademark or other identifier of an person or entity (other than those already fixed in the Headline Module) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Headline Module; (d) remove, conceal or obliterate any copyright or other proprietary notice or any other mark or source identifier included on the Headline Module, including without limitation, the size, color, location or style of any trademarks; or (e) use the Headline Module on any Site that contains nudity or pornographic material of any kind, displays material that exploits children under the age of 18, promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or use the Headline Module in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading.
  2. Headline Module Hyperlinks
    The Headline Module may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full content on this Web Site. You may not display the Headline Module in a manner that does not permit successful linking to, redirection to or delivery of this website. You may not insert any intermediate page, splash page or other content between the headline link and the Web Site.
  3. Ownership/Attribution
    As between you and use, we retain all ownership and other rights in and our logos, trademarks, trade dress, copyrights and all other intellectual property used in connection with the Headline Module.
  4. Right to Discontinue the Headline Module/Indemnification
    We reserve the right to disable, change or discontinue providing any or all of the Headline Module at any time. We reserve the right, with or without cause, to require you, and you agree, to cease displaying, distributing or otherwise using any or all of the Headline Module for any reason including, without limitation, your violation of any provision of these Terms of Use. We do not assume any liability for any of your activities in connection with the Headline Module or for your use of the Headline Module in connection with your website and you agree to indemnify IBS, as provided for herein, for any cause of action arising from or relating to your use of the Headline Module. Use of the Headline Module does not imply that we endorse, promote or supportsany third-party cause, product, service or opinion.


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