(Updated as of June 15, 2011)
(Updated as of June 15, 2011)
By accessing and using a Site, you acknowledge that you have read and understand these Terms, and that you accept them and agree to be legally bound by them. You should not use a Site if you have any objections to any of these Terms.
The terms “you” and “User” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
These Terms are a license that governs your use of the Sites, including your use of content from a Site and and your interaction with a Site, including your participation in user forums or any other interactive features of any Site. In addition to these Terms, there may be special terms, licenses or registration requirements for certain Services, for example you may be asked to accept end user license agreements for mobile applications, to register for contests and sweepstakes, to create a profile, to create lists or reviews, or otherwise register or accept licenses in order to access other Services. These additional terms or licenses (i) will be posted in connection with the applicable Service, (ii) are in addition to these Terms, and (iii) to the extent they conflict with these Terms, govern access to or use of that particular Service.
Nexstar may periodically revise these Terms, for example as the Sites are changed or enhanced or as Internet law and standards evolve. We will post a notice when we make changes to the Terms, and such changes will be effective immediately. If you continue to use a Site after we change the Terms, you have agreed to accept all changes.
2. Registration and Access
You are responsible for maintaining the confidentiality of your login names and passwords and you accept all responsibility for all activities, charges and damages that occur under your account. If you believe that someone is using your account without your permission you should contact us immediately. Nexstar accepts no responsibility for use of your account or computer by any third parties, with or without your permission, and we are not responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
3. Our Content/Copyright and Permissions
The Sites may contain or provide information, graphics, images, photographs, icons, designs, news, editorials, blogs, weather, critiques, recommendations, tips, classifieds, press releases, brochures, documents, data, texts, advertisements, video, audio, music feeds, services, software technology and other materials (“Our Content”). Our Content may be changed, updated or removed without notice. We may also make changes to the products, services or programs that make up Our Content at any time without notice.
Except as noted above, you may not distribute, transmit, copy, download or otherwise make available any material from the Sites, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of Nexstar; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Sites without our prior written permission. None of the material contained on the Sites (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Nexstar.
You acknowledge and agree that no Content, Submissions (defined below), advice or other information, whether oral or written, obtained by you from us or through the Sites creates any warranty and that it is unreasonable to rely on such Content, Submissions, advice or information without independent verification. Do not rely on them for decisions that affect your health, property, livelihood, finances, or business decisions. No business, accounting, financial, legal, medical or tax advice or counsel is given, nor shall it be deemed to have been given by us. You should always seek professional assistance or advice on these matters.
Stock and mutual fund quotes and related financial stories may be made available on a delayed basis and, therefore, such information is not intended to be used for trading or investing purposes or other commercial use. You acknowledge and agree that you assume all risk for your use of any such information for any purpose.
Except as otherwise noted, all content of the Sites is:
Copyright 2011 Nexstar Broadcasting, Inc. All Rights Reserved
Nexstar has adopted a policy of terminating services to users who willfully and/or repeatedly infringe our or our partners’ copyrights. For permission to use Our Content for any other purpose, please contact us. We can be reached by e-mail at email@example.com.
4. User Conduct/Guidelines
The Sites may provide Users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials, whether publicly posted or privately transmitted. You agree that you have read and are familiar with the following guidelines. By submitting User Content (as defined below), you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate on out Sites, and fulfill the obligations set forth in these Terms, which forms a binding contract between you and Nexstar.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the “User Content”) is the sole responsibility of the person with whom the User Content originated. Accordingly, you are responsible for all User Content that you disseminate or transmit through or by means of the Sites.
Messages from Users who violate our guidelines may be blocked. Users who violate our guidelines may also be sent a warning, and if necessary, will be banned from further posting. Nexstar reserves the right to terminate the access of any user for any reason at any time, with or without notice to the user. Nexstar will not be liable to you or any third party for its failure to take any of these actions and will not be limited to these remedies if you violate the Terms. We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Site in violation of the law or alleged to have any information related to an investigation. We further reserve the right, in our sole discretion, to preserve a record of any Submission and turn all or any part thereof over to law enforcement officials.
In posting User Content to our Sites, you agree not to:
a) post, disseminate, or transmit any User Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
b) post, disseminate, or transmit any User Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
c) post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
d) post, disseminate, or transmit any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
e) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Sites;
f) post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
g) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
h) interfere with, disrupt, or harm in any way the Sites or servers or networks connected to the Sites;
i) attack the character or damage the reputation of other members, name-call, insult, ridicule, mock, stalk or otherwise harass another user;
j) insult, attack, belittle, or ridicule the beliefs, personal attributes, or life choices of other members;
k) “Hit and run.” Please do not go to a board where you would not ordinarily post, simply to point out the wrongness of another poster or group’s actions, beliefs, or comments;
l) collect or store personal data about other users;
m) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
n) use the Sites for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website's providers, websites, chat rooms, or the like;
o) violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
p) forward or post private messages that someone has sent to you unless you have his/her permission;
q) transfer issues or posts from one bulletin board to another with the intention of drawing negative attention to the post. Do not quote someone else’s post from another board without that person’s permission;
r) select a screen name that is vulgar or obscene or that misrepresents you to other members;
s) use any community areas to buy or solicit any goods, services, or money to advertise or sell products or services of others. Please do not post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
t) use all capital letters in your chat or bulletin board postings;
u) post the same message more than once on a bulletin board or on multiple boards. This includes postings on multiple boards asking other members to vote in online contests, asking for signatures for petitions, and any other “public service”-type announcements about public or personal causes or issues;
v) “flood.” This includes repeatedly “bumping” a thread, disrupting an online chat event by entering the same phrase over and over again, or otherwise using up band-with; or
w) post on behalf of a banned member, or you may also be banned without notice or warning.
A. Submissions. The Site may include various features and services, such as bulletin boards, chat rooms, blogs, Web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, classifieds, obituaries, events, calendars, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, “Submissions”). You are responsible for the Submissions you post on our Site. We are not responsible for the Submissions that you or other users post on the Site. We are not obligated to, and we do not, monitor, pre-screen or pre-approve the interactive areas of the Site. However, we reserve the right to edit, remove, or to refuse to post, any Submission, in whole or in part, for any or no reason, including, but is not limited to, any Submission that violates the Terms or is otherwise objectionable, in our sole discretion. Because of the volume, we may not post all Submissions that we receive.
B. Your License to Us. You retain all of your ownership rights in your Submission. However, by submitting any Submissions to us or to or through the Site, you grant to us, and to our licensees, an unrestricted, worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration) to you or to any other person or entity, to use, reuse, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, redistribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the Submissions and any ideas, concepts, know-how or techniques contained in or conveyed by the Submissions, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on other Nexstar web sites, on third party web sites, in our print publications, on our broadcast stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. In addition, you hereby grant us and our licensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the Submission and in any and all promotion or advertising material related thereto. You hereby waive any moral rights you may have in your Submissions. By submitting a Submission, you represent and warrant that you have all rights necessary to grant to Nexstar the license stated in this paragraph and that none of your Submissions are defamatory, violate any third party rights (including intellectual property or rights of publicity or privacy) or violate any applicable law. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that Nexstar, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between Nexstar, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content.
C. Your Representations to Us. You represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Submissions; (b) your Submissions are your original work and not owned by any other party (or that you are making your Submission with the express consent of the owner of the Submissions); (c) your Submissions are accurate, current and complete; (d) your Submissions, your use of a Site, and the use of the Submissions by us and/or our licensees will not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy or publicity; (e) your Submissions, your use of the Site, and the use of the Submissions by us and/or our licensees shall not violate any applicable law or regulation, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property; and (f) your Submissions and your use of a Site will not violate any agreements between you and a third party.
E. No Fiduciary Relationship. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users.
F. No Guarantee of Accuracy, Integrity or Quality of Submissions. We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Submissions made available through a Site. By using a Site, you may be exposed to Submissions that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using a Site, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on a Site. We may now or in the future provide you a mechanism or click button to allow you to report any Submission you may find objectionable, but by we do not guarantee that any such Submission will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a Submission you find objectionable. You agree that you must evaluate and bear all risks associated with your use of and reliance on a Site and any of its Submissions. You also agree that under no circumstances will Nexstar or any of our affiliated entities be liable in any way for any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed or otherwise made available via a Site.
G. Not Endorsed by Us. You acknowledge that the substance, views and opinions expressed in all Submissions are those of the author or submitting user solely and do not reflect our or our affiliated companies’ views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the Submissions. We, and our affiliated companies, are not responsible for and do not endorse, guarantee, or warrant any content, views, opinions, products, advice, recommendations or services referenced, posted or sent by the authors or submitting users through a Site and we specifically disclaim any and all liability in connection therewith.
IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD IMMEDIATELY STOP USING THE SITE.
You agree to defend, indemnify and hold Nexstar, its parent, subsidiaries, affiliates, and the officers, directors, employees, shareholders, vendors, partners, contractors, agents, licensors and other representatives of each of them and all of their successors and assigns (collectively the “Nexstar Parties”) with respect to all claims, costs (including attorneys’ fees and court costs), expenses, damages, liabilities and obligations of any kind, arising out of or in connection with your use or misuse of the Sites, including, without limitation, use of your account, whether or not authorized by you, and claims arising from Submissions. Nexstar retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You many not settle any claim covered by this Section 5 without our express prior written approval.
If you accept or purchase fee based Services you agree to the terms and conditions governing the purchased Service(s), including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges. All fees and charges are non-refundable. Billing for all mobile subscription services will be governed by the Mobile Terms set forth below unless the terms of subscription say otherwise.
We may offer trial subscriptions to paid services for free or at special discounted rates. Unless otherwise stated, these trial subscriptions will be automatically renewed at the current full subscription rate if you do not cancel before the end of the trial period. Other subscription services that we provide also will automatically renew at the then current full subscription rate unless you cancel your subscription at least 10 days prior to its renewal date.
All payments to Nexstar, including without limitation for merchandise, online advertising, employment opportunity listings on community bulletins, business directory and classifieds listings shall be made by credit card or Electronic Check and are subject to the approval of the financial institution issuing the credit card or electronic check. Purchases are not binding on Nexstar until such approval is received. Nexstar shall not be liable in any way if any financial institution refuses to accept or honor your credit card for any reason.
Each time you make a purchase you agree that Nexstar is authorized to charge your designated account for the applicable rate or price published on the Sites. We do not provide price protection or issue refunds in event of a price drop or promotional offering.
Information relating to your financial transactions will not be maintained on Nexstar servers.
Questions or information requests related to online purchases should be made to firstname.lastname@example.org. Please provide contact information, transaction website, and all transaction information.
7. Disclaimers and Limitation of Liabilities and Warranties
NEXSTAR AND THE SITES MAKE NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION POSTED, AND NEXSTAR MAKES NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEXSTAR RESERVES THE RIGHT TO MAKE CHANGES TO THE SITES AT ANY TIME FOR ANY REASON.
NEXSTAR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR TITLE WITH RESPECT TO ANY OF THE CONTENT OR SERVICES AVAILABLE FROM THE SITES, ALL OF WHICH IS BEING OFFERED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” NEXSTAR DOES NOT WARRANT THAT THE SITES OR ANY OF THE SITES’ FUNCTIONS OR CONTENT OR ANY SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE INFORMATION AVAILABLE THROUGH THE SITES WILL CONTINUE TO BE AVAILABLE. NEXSTAR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES OR SIMILAR ITEMS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEXSTAR SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES), OR LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES EVEN IF FORESEEABLE OR EVEN IF NEXSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEXSTAR’S LIABILITY IN CONNECTION WITH THE SITES OR YOUR USER SUBMISSIONS WILL NOT EXCEED THE LESSER OF (i) $100 or (ii) THE AMOUNT PAID BY YOU TO NEXSTAR IN THE THREE MONTHS PRECEDING YOUR CLAIM.
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF NEXSTAR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR ANY OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY NEXSTAR, INCLUDING WITHOUT LIMITATION THE SITES.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED AND YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT MIGHT OTHERWISE LIMIT YOUR WAIVER OF SUCH CLAIMS.
8. Contests and Sweepstakes
The following general terms and conditions apply to all contests and sweepstakes unless the specific contest/sweepstakes rules state otherwise. By entering a contest sponsored by Nexstar, or any of the television stations owned by Nexstar, or any third party affiliated with Nexstar for the purposes of sponsoring a contest, you agree to the abide by these Official Rules and the decisions of Nexstar and its designated judges, which are final and binding on all matters. PLEASE READ CAREFULLY.
ELIGIBILITY/ENTRY: OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES, WHO ARE AT LEAST 18 YEARS OF AGE AND WHO RESIDE IN THE GENERAL MARKET AREA OF THE STATION CONDUCTING THE CONTEST. Void outside the continental United States and where prohibited. All employees, and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those residing in the same households of employees, whether or not related, of Nexstar and its stations, subsidiaries, affiliates, any other broadcast station, multichannel video programming distributor and the advertising, promotion and production agencies of all of the foregoing are not eligible to enter or to win a prize in any contest. All contests are subject to all applicable federal, state and local laws.
Nexstar reserves the right to disqualify any entry it deems to be inappropriate, offensive or that is otherwise not in compliance with these Official Rules, in its sole discretion. All entries shall become the sole property of Nexstar and will not be acknowledged or returned. Limit one (1) entry per person/household, regardless of category in which entry is submitted. Participants are eligible to win a contest no more than once every 60 days and are eligible to win a prize valued at $600.00 or more only once every six months.
JUDGING: If a contest involves judges, all eligible entries received for each contest will be judged by a panel of qualified judges whose decisions are final and binding in all judging matters relating to this contest. Eligible entries will be judged equally on the criteria which will be posted prominently in each contest’s specific rules. Nexstar reserves the right to not award a prize in any particular contest if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for that contest.
PRIZES: Nexstar agrees to post prominently specific prizes for each contest in the rules announcing such contest. No substitution, cash equivalent, assignment or transfer of prizes will be permitted by winners, except at Nexstar’s sole discretion. Nexstar reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Prizes are awarded as is “as is” with no warranty or guarantee, either express or implied by Nexstar. All federal, state and local taxes and all other costs and expenses associated with the acceptance and use of any prize not specified herein are the sole responsibility of each winner. All prize details, including manufacturer and model of appliances are at Nexstar’s sole discretion.
OWNERSHIP/USE: By submitting an entry, entrant agrees that Nexstar shall own the entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to entrant or any third party. By submitting an entry, entrant warrants that entry is original and that entrant is the sole copyright owner and that entry is not based upon or derived from a copyrighted work owned by any third party.
Nexstar reserves the right to discontinue the participation privileges of any entrant (and void his/her entry) who engages in any fraudulent activity or uses the contest in a manner inconsistent with these Official Rules or any federal, state, local laws, statutes or ordinances or with the intent to annoy, harm or abuse Nexstar, its representatives or any other entrant. In addition to discontinuance of participation privileges, Nexstar shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
Nexstar is not responsible for technical or computer failures, errors or data loss of any kind, lost or unavailable Internet or SMS connections, failed, incomplete, garbled or deleted computer or network transmissions, inability to access any Web site, cellular or on-line service, any other error or malfunction, late, lost, illegible or misdirected entries, or for printing errors in any advertisement, entry form or the rules.
The contest is provided to individuals only. Corporations, associations or other groups may not participate in the contest.
Each winning entrant (i) except where legally prohibited, by acceptance of a prize grants permission for Nexstar (and agrees to confirm such agreement in writing) and its designees to use his/her name, entry material, voice and/or likeness and prize information for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet and/or World Wide Web without notice or review or approval; (ii) will be required to execute and return a release and wavier of liability; and (iii) will be required to provide valid identification. If the release is not received fully-executed by the date listed on the notification, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, or if prize notification or prize is returned as undeliverable, the prize will be forfeited and, at Nexstar’s discretion, awarded to a runner-up for the contest.
Entrants agree that Nexstar and its stations, subsidiaries and affiliated companies, and advertising and promotion agencies, and each of their respective officers, directors, employees, representatives, licensees, assignees and agents (collectively, the “Released Parties”) will have no liability whatsoever for, and are released and shall be held harmless by entrants from and against any liability, for any injuries, losses or damages of any kind, to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or from participation in this contest or in any contest-related activity.
Released Parties are not responsible for typographical, printing or other errors or problems relating to or in connection with the contest, including, without limitation, errors or problems which may occur in connection with the administration of the contest, the processing or judging of entries, the announcement of the prizes or in any contest-related materials.
Released Parties are not responsible for illegible, lost, late, damaged, incomplete, inaccurate, forged, delayed, misdirected, postage due or stolen entries or mail and all such entries will be void.
Released Parties are not responsible for any incorrect or inaccurate information associated with or utilized in the contest. Persons who tamper with or abuse any aspect of the contest or website or who are in violation of these Official Rules, as solely determined by Nexstar, will be disqualified and their entries void. Should any portion of the contest be, in Nexstar’s sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of Nexstar, corrupt or impair the administration, security, fairness, or submission of entries, Nexstar reserves the right at its sole discretion to suspend, modify or terminate the contest and, if terminated, select the potential winner for the contest from all eligible, non-suspect entries received for the contest prior to such action using the judging procedure outlined above.
9. Chat Rooms, Message Boards, and Other Public Areas and Membership Activities
10. Advertising and other Third Party Content
11. Classified Advertising
The Sites may now or in the future offer interactive areas for you to buy, sell and advertise items, real property, services and employment opportunities through classified advertisements or other forms of advertisements (“Classified Ad”). We are never a party to any transaction between buyers and sellers. When you submit a Classified Ad for publication on a Site, the Classified Ad becomes our property and you assign all ownership interest in the Classified Ad, including copyright rights and any other property right, to us. We are not obligated to publish a Classified Ad. Our publication of a Classified Ad does not constitute an agreement for continued publication. We will accept only standard abbreviations and proper punctuation in Classified Ads. We accept no liability for error or omission with respect to a Classified Ad or your use of Classified Ads. If we, at our option, select to accept liability for an error, in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. We reserve the right to edit, reclassify, revise, reject, or cancel any Classified Ad at any time, in our sole discretion. Rates and specifications are subject to change.
Classified Ad Rules. All Classified Ads are subject in all respects to our current rules and policies, including any rules and policies pertaining to paid and free Classified Ad services posted on the Site, and current demands upon advertising space. Please be sure to review all applicable rules, regulations and policies pertaining to submission of a Classified Ad. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, gender, national origin, handicap or familial status. We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. In addition to the rules and policies listed anywhere else on the Site, we do not knowingly accept advertisements for tobacco, gentlemen’s clubs, adult-oriented materials or services, firearms or explosive materials, hard liquor or distilled spirits, or offshore or Internet gambling.
Real Estate Advertisements; Equal Housing. You will not submit to us for publication, and we will not knowingly publish, any advertisement for the sale, rental, or financing of a dwelling that states any preference, limitation, or discrimination on the basis of race, color, religion, gender, disability, handicap, familial status, or national origin. Such advertisements violate Section 804(c) of the Fair Housing Act and other federal and state laws. More information about fair housing and equal opportunity laws is available from the U.S. Department of Housing and Urban Development by clicking here or you may call HUD toll-free 800-699-9777 (for hearing-impaired: 800-927-9275).
Auto Advertisements. As part of the Site’s Classified Ads, we offer online advertising service for car buyers, sellers and enthusiasts. We do not sell vehicles directly and are never a party to any transaction between buyers and sellers. As a result, we do not (i) guarantee or ensure any vehicle or any transaction between a buyer and seller, (ii) collect or process payment or transfer of title on behalf of buyers or sellers, or (iii) warehouse, store, ship or deliver any vehicles.
12. Mobile Services
In addition to the Terms herein, the following terms apply to use of the Sites designed for wireless devices (“Mobile Services”), which we offer only to users who are 18 years of age or older located only in the United States or District of Columbia unless otherwise noted:
Your wireless provider may charge you for Mobile Services, including fees for the receipt of text messages or data transmission. In order to receive Mobile Services, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged to us and you should contact your wireless provider before you sign up for Mobile Services to determine what, if any, fees, you may be charged. In addition, you agree that we may arrange for Mobile Services billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your prepaid balance.
To cancel a Mobile Service that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Service; otherwise you will continue to incur subscription charges. You will not receive a refund for that billing cycle if you stop a subscription-based Mobile Service during the middle of your billing cycle.
Nexstar may, in its sole discretion, terminate your password, account (or any part thereof) or use of any Sites or Services, or remove and discard any User Content or communication transmitted by you, or information stored, sent, or received via the Sites or Services without prior notice and for any reason, including, but not limited to: (i) permitting another person or entity to use your registration information to access a Site or Service, (ii) any other access or use of the Site or Service except as expressly provided in these Terms, (iii) any violation of the terms and conditions of these Terms, including the rules and regulations relating to the use of the Content, Sites or Services, or (iv) tampering with or alteration of any of the Content, Sites or Services.
You may terminate your registration by closing your account.
Termination, suspension, or cancellation of these Terms or your access rights shall not affect any right or relief to which Nexstar may be entitled, at law or in equity. Upon termination of these Terms all rights granted to you will automatically terminate and immediately revert to Nexstar and its licensors; and all rights granted by you to Nexstar shall survive in perpetuity.
15. User Disputes
You are solely responsible for any interaction with other members or visitors to the Sites or Services. Nexstar reserves the right, but shall have no obligation, to monitor disputes between you and any User of a Nexstar Site.
16. Intellectual Property Infringement
Nexstar respects the intellectual property of others, and we ask visitors to the Sites to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Nexstar’s designated Copyright Agent:
a) Identification of the copyrighted work(s) that you claim has been infringed;
b) Identification of where the material that you claim to be infringing is located on a Site;
c) A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
d) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
e) Your address, telephone number, and email address; and
f) Your physical or electronic signature.
Nexstar’s designated agent for notification of claims of infringement on the Sites is Marc Montoya who can be reached as follows:
Senior Vice President, eMedia
Nexstar Broadcasting Group, Inc.
5215 N O’Connor Blvd
Suite 1400Irving, TX 75039
Telephone: (972) 373-8800
Fax: (214) 545-5471
Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify Nexstar’s designated agent.
17. Applicable Laws and Jurisdictional Issues
The Sites are governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. By visiting and using the Sites, you consent to the jurisdiction of the federal and state courts presiding in Texas and you agree to accept service of process by mail or email, if you have not provided us with your address. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
Regardless of any statute or law to the contrary, you must file any claim or action related to the use of the Sites or these Terms within one year after such claim or action accrued; otherwise you waive the claim or action and it will be permanently barred.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our Sites or delivering them via email. If you do not provide us with accurate email information we will not be responsive for failure to notify you.
19. Force Majeure
Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of Nexstar is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Nexstar, then Nexstar shall not be responsible to you for any failure or delay in the performance of its obligations. Nexstar shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Nexstar from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions. You may not assign your rights or obligations under this Agreement without the prior express written consent of Nexstar. In the event that any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect. Any failure by Nexstar to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No advice or other information provided by the Sites or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms.
21. Entire Agreement
These Terms constitute the entire agreement and understanding between Nexstar and you with respect to the Sites and the subject matter contained in these Terms, and supersede all prior agreements (whether written or oral) with respect to the subject matter hereof.
22. Local Law and Export Control
We control and operate our Sites from the United States. We make no representation that materials on the Sites are appropriate or available for use in any particular location. You acknowledge that you choose to access the Sites on your own initiative and are responsible for compliance with any applicable local laws. You acknowledge and agree that the Content and the Submissions are subject to the U.S. Export Administration Laws and Regulations, and that diversion, export, or re-export of the Content or Submissions contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
BY USING THE SITES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL.
For more information about Nexstar Broadcasting, Inc. or if you have any questions about our, please contact us by e-mail at email@example.com.