Terms of Service
Terms of Service
To use our services, including the submission of any content through our services, we require that you agree to these Terms of Service ("Terms"). Among other things, you understand and agree that:
· The personal information you have provided to us is accurate.
· You have the right to submit any content that you provide to us.
· You are solely responsible for any content that you submit to us.
· Your submissions do not contain material that is defamatory, infringes on anyone else's intellectual property rights, or is in any way unlawful; or that we may find to be indecent, profane, obscene, or otherwise objectionable.
· We may review your submissions and remove any content without notice and for any reason in our sole discretion, including if it violates these rules, other parts of the Terms, or is otherwise objectionable.
· When you submit content or other material, you grant us, our affiliates, and our partners the nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and distribute such content or other material in any way.
The full Terms are copied below.
WELCOME! THE TELEVISION STATION AFFILIATE ("THIS STATION") THAT IS PROVIDING THIS SERVICE, THROUGH ITS RELATIONSHIP WITH GANNAWAY WEB HOLDINGS, LLC D/B/A WORLDNOW ("WORLDNOW"), PROVIDES A VARIETY OF ONLINE WEB SERVICES, MOBILE APPLICATIONS, AND OTHER SERVICES TO LOCATION-ENABLED AND OTHER TYPES OF DEVICES (COLLECTIVELY, THE "SERVICES"), FROM NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE SERVICES SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT").
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As our Services are an evolving medium, the Terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Services after the posting of changes to these Terms will signify your acceptance of these changes. WorldNow or this Station may immediately terminate any individual's use of the Services and/or such user's password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that WorldNow or This Station, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
© Copyright 2001-2010 WorldNow, except as to content supplied by This Station which is Copyright 2001-2010 This Station. All Rights Reserved.
Although the Services are freely accessible, by providing such access WorldNow and This Station do not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on the Services. Unless otherwise noted, WorldNow or This Station owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Services. The material on the Services is provided for private, non-commercial use only.
Reporting Copyright Infringement:
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest 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 the 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;
(iv) Information reasonably sufficient to permit us 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 the disputed 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 made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent to receive notifications of claimed infringements is: Copyright Agent, c/o Raycom Media, Inc., 201 Monroe Street, 20th Floor, Montgomery, AL 36104, Telephone number: 334-206-1400, email address:email@example.com. Please include in your e-mail the URL of the website of This Station or the name of the mobile application or other service which you believe to contain infringing content.
REPORTING OBJECTIONABLE MATERIAL
If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at www.raycommedia.com. Please include in your e-mail the URL of the website of This Station or the name of the mobile application.
The "WorldNow" logo is a trademark and service mark of WorldNow. This Station's call sign is a trademark and service mark of this Station. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Services:
· Restricting or inhibiting any other user from using and enjoying the Services;
· Impersonating any person or entity or posting personally identifying information of any other person;
· Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
· Without the Station's or WorldNow's prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Services to become users of other online or mobile services competitive with This Station or WorldNow);
· Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
· Posting or transmitting materials in violation of another party's copyright or intellectual property rights;
· Using the Services for any commercial or unlawful purposes, including "spamming"; or
· Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Services.
YOU EXPRESSLY AGREE TO INDEMNIFY, (AT OUR REQUEST) DEFEND, AND HOLD WORLDNOW AND THIS STATION, AND THE AFFILIATES AND SPONSORS OF EACH OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE AND/OR THE CODE OF CONDUCT ABOVE, (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR ANY RELATED SERVICES; (D) YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED SERVICES; AND/OR (E) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMIATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT BY YOU.
By using the Services you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the Services. If you are not yet 18 years old, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
Certain portions of the Services may allow you to purchase or license different types of products and services that are provided by Worldnow, This Station and/or third parties. This Station and Worldnow are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services purchased or licensed on the Services. If requested to provide any information, you must provide information that is accurate, complete and current. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with either Worldnow, this Station and/or a third party in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such licensing or purchases.
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 reserve the right to edit, reclassify, revise, reject and/or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
When you submit ad for publication on the Services, including but not limited to classified ads, you agree that the advertisement is licensed to This Station and Worldnow for publication on the Services.
You may submit any text, images, data, or other materials ("Content") on the Services. In so doing, you acknowledge and agree that you grant to WorldNow and This Station a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
· Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and/or translate such Content without notice, attribution or payment to you.
· Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you. Further, by submitting Content on the Services, you acknowledge that you have the authority to grant such rights to WorldNow and the Station and use of the Content by the Station and WorldNow will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted on the Services by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Each of This Station, WorldNow, and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
USE OF SECURE AREA AND PASSWORD
You are given access to any password-protected area of the Services when you are given permission and a password to enter such area. You may not distribute your password to others. You are responsible for all uses of your password and any and all damages to WorldNow and This Station resulting from the distribution of your password, whether or not authorized by you.
You acknowledge and agree that WorldNow and This Station have the right, but not the responsibility, to monitor the Services and related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Services properly, to protect itself, its sponsors and This Station's customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that WorldNow or This Station deems to be an emergency. WorldNow and This Station reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in the sole determination of WorldNow and This Station.
WHERE AP CONTENT IS USED
Some of the content published by This Station is used under license from the Associated Press. For that content, the terms listed here apply:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY WORLDNOW OR THIS STATION. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ANY RELATED SERVICES.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WORLDNOW, THIS STATION, NOR THEIR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WORLDNOW AND THIS STATION ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THE SITE AND/OR SUCH SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although WorldNow and This Station attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Services. WorldNow and This Station make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us at www.raycommedia.comso that it can be corrected. Please include the URL of This Station's Website or the name of the mobile application or other service in your email.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member of the Services, or other user not under contract with WorldNow or This Station. WorldNow and This Station neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized WorldNow employee spokespersons while acting in their official capacities. This Station neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized employees of This Station while acting in their official capacities. Under no circumstances will WorldNow or this Station be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
LINKS TO OTHER WEBSITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the sites of the Electronic Frontier Foundation (www.eff.org) and GetNetWise (www.getnetwise.org).
VOID WHERE PROHIBITED
Although certain Services may be accessible worldwide, not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. WorldNow and This Station reserve the right to limit the availability of the Services and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made through or on the Services is void where prohibited.
Station makes no representation that materials on the Services are appropriate, available or legal in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that these Terms, for all purposes, shall be governed and applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court in the state where This Station is located. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
WorldNow and This Station may at any time change the Services, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on the Services, by electronic mail, by conventional mail, or by another other means chosen in the sole discretion of WorldNow and This Station. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
Flip My Food Online Contest Rules
1. Eligibility: This Contest is open to legal U.S. residents residing in one of the 50 United States or District of Columbia and legal residents of Canada (excluding the Province of Québec) who are 18 years of age or older at time of entry. This Contest is sponsored BR Holdings, LLC ("Sponsor"), the producer of Flip My Food. Employees, officers and directors of Sponsor and its parent companies, affiliates, subsidiary companies, judging agents and promotion partners, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate. Contest is void where prohibited by law or otherwise regulated.
2. How To Enter: Contest begins at 12:01 am Central Time on November 5, 2014 and ends at 11:59 pm Central Time on December 15, 2014 (the "Deadline Date"). All entries must be received by 11:59 pm Central Time on the Deadline Date. To enter visit http://www.flipmyfood.com/blog/win-chance-have-your-recipe-flipped-chef-jeff-tv-0 and follow the instructions. All entries must include your full name, address, city, state/province, zip/postal code, telephone number and email address (if you have one). Entries submitted in geographic areas in which the entry is not permissible will be disqualified. If entries do not contain all necessary information, entrant will be disqualified. Please be certain to follow all directions. Entry limit: 1 recipe per person. Sponsor is the official timekeeper for this Contest. In the event the Contest is entered via a mobile device, Message and Data charges may apply.
3. Judging: The winner of the Contest will be determined by judging all qualifying entrants' submissions based on the following criteria:
· Originality: 25%
o Is this a unique recipe? Is there a need to make it healthier?
· Visual Appeal: 25%
o Does this recipe present beautifully on a plate or in a baking dish? Do your eyes make you want to eat this before you even smell or taste it?
· Creativity: 25%
o Is the recipe your original idea? Is the recipe reflective of unique twists to ingredient usage? Have you incorporated your personal touch to this recipe?
· Accessibility: 25%
o Does your recipe appeal to fellow home cooks everywhere? Does the recipe have easy-to-find everyday ingredients and is it easy to make? Does the recipe have a story that will inspire many others to make it?
All entries will be judged using the criteria stated above. In the event of a tie, the highest scoring entry in the Creativity category will be the winner. All judging will be accomplished by the producers of Flip My Food. Decision of the judges is final and binding on all matters relating to this Contest.
All recipes must be the original work of entrant and not previously published. You may use other recipes for inspiration, but you must make your own unique ingredient and cooking instruction changes in order for the recipe to be considered. Each submitted recipe must not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. All entries become the property of Sponsor and will not be returned. By submitting a recipe for this Contest, you grant Sponsor, its parent company, subsidiaries, affiliates, partners and licensees all right, title and interest in the submitted entry which includes the right to publish your recipe and any other information provided worldwide in all print and electronic media (now or hereafter existing) without time limitation, and the right to include your name and hometown (e.g., city and state) in connection therewith. Sponsor reserves the right to edit, modify, translate, reproduce and distribute the submitted material in any medium and in any manner as it deems appropriate. Sponsor tests selected recipes and reserves the right to alter them as it deems appropriate. Sponsor may contact you via phone or email regarding your submission.
4. Winners and Prizes: A total of 1 winner will be selected to have their recipe Flipped by Chef Jeff on the Show and winner may receive a chance to appear on the show: Sponsor has the right to publish winners' names and recipes in future Flip My Food magazines and cookbooks. Each prize is not transferable and cannot be assigned or substituted. Sponsor reserves the right to substitute a similar prize of equal or greater value in the event that the stated prize cannot be awarded due to circumstances beyond the control of the Sponsor. All taxes, if any, are the winners' responsibility. Sponsor will not be responsible for any loss, liability or damage arising out of the winners' acceptance or use of the prize(s). All prizes are guaranteed to be awarded, assuming a sufficient number of qualifying entries is received and meet the minimum judging criteria.
5. Selection of Winner: Winners will be determined and notified on or about December 20, 2014 Any winner may be required to execute a Statement of Eligibility and Release within 30 days of prize notification attempt or winner will be disqualified and prize may be awarded to an alternate winner. In the event winner is a minor in his or her place of residence, all required documentation must be signed by parent or legal guardian. Return of prize or prize notification as undeliverable will result in disqualification and an alternate winner may be selected. Entry and/or acceptance of prize(s) constitutes permission for the Sponsor and its agencies (if any) to use the winner's name, hometown (e.g., city and state) and/or likeness for advertising and trade purposes without further compensation or authorization, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, unless prohibited by law.
6. Conditions: Sponsor is not liable for any malfunctions or failure of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any email on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading/uploading any materials relating to this Contest, or other technical difficulties or failures or other errors of any kind. Sponsor reserves the right to terminate or modify the Contest at any time for any reason. In such a circumstance, all winners will be selected based on entries received to date of termination. Sponsor also reserves the right to modify this Contest in the event an insufficient number of entries are received and/or an insufficient number of entries meet the minimum judging criteria.
In the event that two similar entries are received, only the entry judged to best meet criteria as set by Sponsor will be included in the final judging. Entrants agree to indemnify Sponsor, its affiliated and subsidiary companies from and against any and all claims and liabilities arising out of or in connection with this Contest. In the event of any dispute regarding the identity of an entrant who submitted an online entry, the authorized account holder of the email address used for the entry at the time of entry will be deemed the entrant. "Authorized account holder" is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g. business, educational institute) that is responsible for assigning email addresses for the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the operation of the website or the entry process.
7. No Recourse to Judicial or Other Procedures/Severability: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any entrant expressly waives any and all such rights. In the event that a court of competent jurisdiction finds the foregoing waiver unenforceable, entrants hereby consent to the jurisdiction and venue residing exclusively within the federal or state courts sitting in Los Angeles County in the State of California and agree that any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action. Entrants agree that these Official Rules are governed by the laws of the State of California, without reference to principles of conflicts of law. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
8. Anticipated Number of Entrants: The total number of contestants anticipated is 100
9. Winners' List/Consumer Information: Sponsor may share customer information about you with reputable companies in order for them to offer you products and services of interest to you. If you would rather we not share information, or you do not want to receive future sweepstakes or skill contest mailings from Sponsor, or if you wish to receive a list of prize winners, specify your request and write to:
Flip My Food
ATTN: BR Holdings Digital
2901 W Alameda Ave Suite 500
Burbank, CA 91505
Winners' list request must be received by December 20, 2014
Last Updated: November 5, 2014