Last Modified: December 21, 2018
Accessing and Using the Digital Services
We reserve the right to withdraw or amend the Digital Services, and any service or material we provide through or in connection with the Digital Services, including, without limitation, information, data, text, photos, videos, audio, articles, comments, software, scripts, graphics, and interactive features (“Content”), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Services or Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Digital Services or Content.
To access the Digital Services, you may be asked to create an account by providing certain registration details or other information. It is a condition of your use of the Digital Services that all the information you provide on the Digital Services be correct, current, and complete. You are responsible for maintaining the accuracy of such information.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Restrictions. You shall not: (a) copy the WAND Apps, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the WAND Apps; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the WAND Apps or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the WAND Apps, including any copy of the WAND Apps; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the WAND Apps, or any features or functionality of the WAND Apps, to any third party for any reason; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the WAND Apps.
Export Regulations. The WAND Apps may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the WAND Apps to, or make the WAND Apps accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the WAND Apps available outside the US.
By using the WAND Apps or by otherwise providing us with your mobile phone number in connection with your use of the Digital Services, you agree that we may communicate with you regarding WAND-TV by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Digital Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WAND-TV account information to ensure that your messages are not sent to the person that acquires your old number. You may stop text messages from us by following the instructions contained in those messages.
Mobile Device Access
To the extent you access the Digital Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WAND-TV account information to ensure that your messages are not sent to the person that acquires your old number.
The Digital Services and Content and all rights therein are owned by WAND-TV, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Your access and use of the Digital Services and Content is for personal and noncommercial purposes only. No right, title or interest in or to the Digital Services or Content is transferred to you, and all rights not expressly granted are reserved by WAND-TV.
The WAND names and logos, and all related names, logos, product and service names, designs and slogans are trademarks of WAND-TV or its affiliates or licensors. You must not use such marks without the prior written permission of WAND-TV. All other names, logos, product and service names, designs and slogans on the Digital Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Digital Services, or which, as determined by us, may harm WAND-TV or users of the Digital Services or expose them to liability.
Additionally, you agree not to:
- Use the Digital Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Digital Services, including such party’s ability to engage in real time activities through the Digital Services.
- Use any robot, spider or other automatic device, process or means to access the Digital Services for any purpose, including monitoring or copying any Content.
- Use any manual process to monitor or copy any of the material on the Digital Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Digital Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Services, the server on which the Digital Services or Content are stored, or any server, computer or database connected to the Digital Services.
- Attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Digital Services.
The Digital Services may allow you to post, submit, publish, display or transmit (hereinafter, “post”) content or material including without limitation, comments, suggestions, product reviews, photos, ideas, and other materials (collectively, “User Contributions”) on or through the Digital Services.
Any User Contribution you post will be considered non-confidential and non-proprietary. By posting any User Contribution on or through the Digital Services, you grant us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns;
- Your User Contributions will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Neither your User Contributions nor use of your User Contributions will infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
- Your User Contributions will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; and
You agree that we may use information or User Contributions you provide us through email, comments, polls, or any other user generated submission, and may use your name and any stories you provide us.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WAND-TV, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Digital Services.
Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates such party’s rights, including intellectual property rights or the right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services.
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Services. YOU WAIVE AND HOLD HARMLESS WAND-TV AND ITS AFFILIATES, BUSINESS PARTNERS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANYOF SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Digital Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Digital Services infringes your copyright, you may request removal of those materials (or access to them) from the Digital Services by submitting written notification to our Copyright Agent who is designated below. It is the policy of WAND-TV to terminate the accounts of repeat infringers.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Digital Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Digital Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
DMCA Notices must be delivered to our designated Copyright Agent:
Independence Television Company
624 West Muhammad Ali Blvd.
Louisville, KY 40203
Reliance on Information Posted
The information presented on or through the Digital Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Services, or by anyone who may be informed of any of its contents.
The Digital Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WAND-TV, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the WAND-TV. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Digital Services
We may update the content on the Digital Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Services may be out of date at any given time, and we are under no obligation to update such material.
Online Purchases and Other Terms and Conditions
We may make certain products, features, and services available for purchase (“Purchases”) on or through the Digital Services. You agree to pay any applicable fees for any Purchases you make, including any applicable taxes. You represent and warrant to WAND-TV that any payment information you provide to WAND-TV is true and correct and that you are authorized to use such payment method. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date).
Social Media Features
The Digital Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Digital Services.
- Send e-mails or other communications with certain content, or links to certain content, on the Digital Services.
- Cause limited portions of content on the Digital Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
Third Party Sites and Services
The Digital Services may link to or may be accessed in connection with other sites, services, apps, advertisements or resources, that are provided by third parties (“Third-Party Sites and Services”). We may earn a commission when you click on or make a purchase via the links of Third-Party Sites and Services.
These Third-Party Sites and Services are provided for your convenience only. We have no control over the content, operations, policies, terms, or other elements of those Third-Party Sites and Services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Sites and Services, you do so entirely at your own risk and subject to the applicable third party’s terms and conditions of use and privacy policies.
The owner of the Digital Services is based in the state of Illinois in the United States. We provide the Digital Services for use only by persons located in the United States. We make no claims that the Digital Services or any of content provided on or through the Digital Services is accessible or appropriate outside of the United States. Access to the Digital Services may not be legal by certain persons or in certain countries. If you access the Digital Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE DIGITAL SERVICES, ANY DIGITAL SERVICES CONTENT, AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE DIGITAL SERVICES, ANY DIGITAL SERVICES CONTENT, AND ANY SERVICES. MATERIALS OR ITEMS OBTAINED THROUGH YOUR USE OF THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WAND-TV NOR ANY PERSON ASSOCIATED WITH WAND-TV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DIGITAL SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER WAND-TV NOR ANYONE ASSOCIATED WITH WAND-TV REPRESENTS OR WARRANTS THAT THE DIGITAL SERVICES, THE DIGITAL SERVICES CONTENT OR ANY SERVICES. MATERIALS OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR DIGITAL SERVICES OR THE SERVER THAT MAKES THE DIGITAL SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIGITAL SERVICES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WAND-TV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WAND-TV, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICES, CONTENT OR SUCH OTHER WEBSITES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Digital Services are operated by WAND-TV, 904 South Side Drive, Decatur, Illinois 62521.
All other feedback, comments, requests for technical support and other communications relating to the Digital Services should be directed to: email@example.com.