Terms of Website Use
Copyright © 2006 WSJV-TV. All rights reserved.

Welcome to fox28.com!

The following Terms of Website Use govern your use of fox28.com. Your use of this site indicates that you have read and agreed to these Terms of Website Use and to our Privacy Policy. WSJV operates fox28.com and reserves the right to terminate any membership and deny access to this site to anyone who violates these Terms of Website Use. WSJV-TV may change, add, or remove portions of these Terms of Website Use at any time and to notify users of any such changes solely by changing the provisions of the Terms of Website Use. Your continued use of this website after the posting of any amendment to the Terms of Website Use shall constitute your agreement to be bound by any such changes.

Copyright Notice
All materials contained on fox28.com (including, but not limited to text, content, photographs, video and audio) are protected by United States copyright law and may not be published, broadcast, reproduced, distributed, transmitted or displayed without the prior written permission of WSJV-TV. To request permission to reproduce, distribute, transmit, display, publish or broadcast materials from fox28.com, see the contacts listed below for reprint permission.

You may not alter or remove any trademark, copyright or other notice from copies of the content. However, you may download material from fox28.com for your personal, noncommercial use and you may download or print a single copy of any portion of the content on this site. You may not distribute any part of this service over any network, including a local area network, nor sell or offer it for sale. Further, the files and information contained on this site may not be used to construct any type of database.

Copyrighted Usage/Copy Policy

News stories, graphics and photos that appear on fox28.com are copyrighted by WSJV-TV. They may not be reproduced, republished, retransmitted or redistributed, in print or electronically, without prior written permission and payment of applicable fees. WSJV-TV does not hold the copyright for material generated from freelance writers/photographers, the Associated Press or other wire services, or the broadcast network with which we are affiliated.

To request permission to use copyrighted materials, send your request in writing to WSJV-TV, P.O. Box28, South Bend, Indiana 46517, or via email to fox28@fox28.com. Requests must include:

Subject matter of the story/article or video/photo
Date and time when the story or video was originally broadcast on WSJV-TV or published on fox28.com
Detailed explanation of the use of the copyrighted material
Contact information where you can be reached if we require additional information.
Copyright Complaints

WSJV-TV respects the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement or are aware of any infringing material on fox28.com, please contact us at the address listed under the heading “Contact Us.”

User-Provided Content

By providing information to or placing material on fox28.com you represent and warrant that: (a) all information you provide is true, accurate, current and complete, and does not violate these Terms of Website Use; (b) you own or have the necessary rights to the content you provide and the rights to use it as provided in this Terms of Website Use; and, (c) the content will not cause injury to any person or entity. You may not use a name other than your own legal name when submitting content to this website (except in those specific areas of fox28.com that specifically allow unique, fictitious names, e.g., certain message boards and chat rooms).

For all information and material you provide to fox28.com, you grant WSJV-TV, and its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the foregoing, you also authorize WSJV-TV to use your name and any other information in connection with the use of the material you provide. In addition, you also grant WSJV-TV the right to use any material, information, ideas, concepts or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. The rights in this paragraph are granted without the need for compensation of any sort to you. By submitting information to or placing material on fox28.com, you are waiving any claim against WSJV-TV and its affiliates regarding the use of such information, materials or ideas.

Transactions on our site.
While at fox28.com you may decide to engage in a transaction involving the purchase of a product, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While most transactions are completed without any problems, there is no such thing as “total security” on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. WSJV-TV cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

It is possible that a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed with incorrect information due to typographical error, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that WSJV-TV is not responsible for such errors or discrepancies.

Other Site Areas (Message Boards, Chat Areas, posting of classified or other advertising, etc.). fox28.com bulletin boards, chat rooms and other interactive areas are provided to give users a forum to share information and express opinions. fox28.com and WSJV-TV cannot and do not monitor all of the material posted or transmitted by users and third party information providers. To protect yourself, use your best judgment when using these portions of the site. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. WSJV-TV reserves the right to delete, move or edit any communications at any time, for any reason, but has no obligation to review or remove any such content.

Posting Rules

You shall not upload to, or distribute or otherwise publish on the message boards, chat rooms, etc. any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

1) Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

2) Use respectful language. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the site.

3) Debate, but do not attack. WSJV-TV encourages active discussions and welcomes heated debate on our site. However, personal attacks are a direct violation of these Terms of Website Use and are grounds for immediate and permanent suspension of access to all or part of the site.

4) The message boards, chat rooms, etc. shall be used only in a noncommercial manner. You shall not, without the express approval of fox28.com and WSJV-TV distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

WARNING: A VIOLATION OF THE FOREGOING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties Through fox28.com

Your dealings or communications through fox28.com with any party other than fox28.com or WSJV-TV are solely between you and that third party. Certain areas of fox28.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by third-party vendors. Under no circumstances will fox28.com or WSJV-TV be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. While at fox28.com, you may be able to access information, Web sites, advertisements, contests or sweepstakes offered by other parties. WSJV-TV and fox28.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

General Disclaimer and Limitation of Liability

While WSJV-TV and fox28.com strive to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. WSJV-TV does not represent or warrant that use of any content will not infringe rights of third parties. WSJV-TV has no responsibility for actions of third parties or for content provided or posted by others.

USE OF fox28.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS.” NEITHER WSJV-TV NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING fox28.com, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH fox28.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF fox28.com OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES fox28.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. WSJV-TV AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

fox28.com AND WSJV-TV DO NOT WARRANT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH fox28.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL WSJV-TV OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WSJV-TV OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, WSJV-TV AND fox28.com, WSJV-TV’S PARENT AND AFFILIATED COMPANIES, AND EACH OF WSJV-TV’S PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF fox28.com; (2) fox28.com’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users

fox28.com is controlled, operated and administered by WSJV-TV from its offices in the United States. WSJV-TV makes no representation that materials or content available through fox28.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use fox28.com or export the content in violation of U.S. export laws and regulations. If you access fox28.com from a location outside the United States, you are responsible for compliance with all applicable laws.

Miscellaneous

WSJV-TV may modify, suspend, discontinue or restrict the use of any portion of fox28.com, including the availability of any portion of the content at any time, without notice or liability. WSJV-TV may deny access to any person or user at any time for any reason. In addition, WSJV-TV or fox28.com may at any time transfer rights and obligations under the Terms of Website Use to any WSJV-TV affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires WSJV-TV, fox28.com or any of their assets.

These Terms of Website Use will be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law provisions. You agree that any cause of action you may have with respect to fox28.com must be filed in the Federal District Court for Northern Indiana or the Elkhart County, Indiana Circuit Court, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of these Terms of Website Use are found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms of Website Use shall continue in full force and effect. Any failure of fox28.com to enforce or exercise any provision of these Terms of Website Use or related right shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Website Use for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of content, the license(s) you have granted to fox28.com and WSJV-TV, and all other provisions for which survival is equitable or appropriate.

Contact Us

To contact fox28.com, please us the following:

FOX 28
PO Box 28
South Bend, IN 46624
Main Phone-1-800-WSJV-TV1
Fax: (574)294-1267

Or fox28@fox28.com