TERMS AND CONDITIONS OF USE
Effective Date: 10/23/2006
PLEASE READ THIS AGREEMENT CAREFULLY AND BEFORE USING OUR WEBSITE AND ONLINE
SERVICES AT http://www.mynew32.com/ (“this Service”). YOUR VISIT TO OUR WEBSITE AND USE OF THIS SERVICE IS SUBJECT TO THIS TERMS AND CONDITIONS
OF USE AGREEMENT (“Agreement”) and OUR WEBSITE PRIVACY
By accessing, browsing and/or using this Service, you agree to this Agreement
station“ or “We” or “Us” or “Our”.) If you do not agree, do not access, browse
or use this Service.
Changes to this Agreement and this Service
We reserve the right to change the terms of this Agreement or to modify any
features of this Service at any time. We will provide notice of such change
by revising this Agreement posted on our website and/or by revising the features
of this Service on this website. By registering for this Service and/or continuing
to use this Service on or after the effective date of any such change, you agree
to be bound by such changes. If you do not accept these changes, you must immediately
discontinue use of this Service.
Copyright Notice and Restrictions on Use
This Service, namely the material published in this website and our online
services, including, but not limited to text, photographs, graphics, video,
audio and other content, including third party content, is protected by copyright
as a collective work or compilation under the copyright laws of the United States
and other countries. All individual articles, content, including third party
content, and other elements comprising this Service are also copyrighted works.
You must abide by all additional copyright notices or restrictions contained
in this Service.
You may not copy, reproduce, distribute, publish, enter into a database, upload,
post, display, perform, modify, create derivative works, transmit, or in any
way exploit any part of this Service, for commercial purposes or otherwise,
except that you may download material from this Service for your own personal
use as follows: you may make one machine readable copy and/or one print copy
that is limited to occasional articles of personal interest only. Without limiting
the generality of the foregoing, you may not distribute any part of this Service
over any network, including a local area network, nor sell or offer it for sale
or otherwise utilize this Service for any commercial purpose. In addition, these
files may not be used to construct any kind of database. You may only use the
material posted on this website and this Service for lawful purposes.
This Service has been specially designed for presentation of content in a unique
format and appearance to our users. We are concerned about the integrity of
our Service when it is viewed in a setting created by a third party that includes
advertising or other materials that we have not authorized to be displayed with
our Service. Without limiting the provisions of, neither you nor any third party
shall make use of the contents of the Service in any manner that constitutes
an infringement of our rights, including copyright. Further, unless approved
in writing in advance by us, you agree not to: (a) provide or create a link
to our website and this Service; or (b) create any frames at any other websites
pertaining to any of the materials located at this website. You also agree not
to post any materials at this website without our express written permission.
Just as we and Journal Broadcast Group require users to respect our copyrights,
and those of our affiliates and partners, we respect the copyrights of others.
If you believe in good faith that your copyrighted work has been reproduced
on our website without authorization in a way that constitutes copyright infringement,
you may notify us by sending mail to our contact information below.
Accounts, User IDs and Passwords
This Service may enable you to open an account through a specified registration
process by providing us with current, complete and accurate information as requested
by the applicable online registration form. You will be solely responsible for
the maintenance and security of your user ID and password associated with any
such account, if any. Your user ID and password are unique to you, and you agree
not to disclose or share your user ID and password with any third party. Additionally,
you are entirely responsible for any activities that occur under your account,
and you agree to notify the station immediately of any unauthorized use of your
account. We reserve the right to deny or revoke access to this Service, or any
part thereof, at any time in our sole discretion, with or without cause. Your
access to this Service will terminate upon the termination of this Agreement
for any reason.
This Service may offer a variety of interactive features, such as bulletin
boards, web logs, chat rooms, forums, personalized home pages and email services,
which allow feedback and communication to the station and real-time interaction
and communication between users.
You agree that you will not:
- Use this Service to post, transmit or link to any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national or international law.
- Use this Service to post, transmit or link to any information, software or other
material that violates or infringes upon the rights of others, including material
that is an invasion of privacy or publicity rights or that is protected by copyright,
trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or rights holder.
- Use this Service to post, transmit or link to any information, software or other
material that contains a virus or other harmful component.
- Use this Service to post, transmit or in any way exploit any information, software
or other material for commercial purposes, or that contains advertising.
- Use this Service to advertise or solicit to anyone to buy or sell services,
or to make donations of any kind, without the express written approval of the
- Gather for marketing purposes any email addresses or other personal information
that has been posted by other users of the Service.
You are solely responsible and liable for any postings and transmissions, including
links or other materials, delivered to the station’s website using your
account. The station does not control and is not responsible for any postings,
transmissions, links, ideas, suggestions, files or other materials delivered
to the station’s website by you or other users. The station has no obligation
to monitor any bulletin boards, chat rooms, web logs, or other areas of this
Service through which users can supply information or material. However, the
station reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to refuse to post
or to remove any information or materials, in whole or in part, that in the
station’s sole discretion are objectionable or in violation of this Agreement.
Unless otherwise provided, all postings and transmissions, including all remarks,
ideas, graphics, or other information, communicated to us through the station’s
website will automatically, immediately and forever become the property of the
station and Journal Broadcast Group or any of its affiliated companies without
limitation, and you waive all of your rights, including but not limited to moral
rights, therein to the extent permitted by the applicable law. Except as described
affiliated companies shall be entitled to use the postings or transmissions
or any similarities for any type of use forever including in any media whether
now known or later devised, and without any obligation of confidentiality and
without compensation to you or any other person.
This Service may offer certain subscription services such as newsletters. By
registering for such subscription services, you will be subject to any charges
and rules set forth in the description of that service.
Sweepstakes and Contests
This Service may offer certain sweepstakes and contests on behalf of the station
or other third party sponsors. By participating in such sweepstakes and contests,
you will be subject to additional terms and official rules for such sweepstakes
This Service may enable you to purchase products, services and information
online from third party businesses that are not owned or operated by the station
or Journal Broadcast Group. The purchase, payment, warranty, guarantee, delivery,
maintenance, and all other matters concerning the products, services or information
ordered or received from such businesses are solely between you and such businesses.
The station does not endorse, warrant, or guarantee such products, services
or information, and is not liable for the accuracy, completeness or usefulness
of such information or the quality or availability of such products or services.
You release the station, Journal Broadcast Group, and its affiliates from any
damages that you incur, and agree not to assert any claims against them, arising
from your purchase or use of any products, services or information made available
by third party businesses through the station’s website.
If you make a purchase from a third party business on the station’s website
or on a website linked to by the station’s website, the information obtained
during your visit to that business’ online store or website, and the information
that you give as part of the transaction, such as your credit card number and
contact information, may be collected by both the third party business and the
station. Such third party businesses may have privacy and data collection practices
that are different from ours. The station has no responsibility or liability
for these independent policies.
This Service may enable you to submit an advertisement for publication on the
station’s website. By submitting such advertisements, you will be subject
to additional terms and rules set forth in the description of that service.
This Service may contain links to websites operated by independent third parties.
We do not monitor or control the linked websites and make no representations
regarding such websites, and are not liable or responsible for the accuracy,
completeness, timeliness, reliability or availability of any of the content
uploaded, displayed or distributed, or products or services available at such
websites. If you choose to access any third party website, you do so at your
own risk. The presence of a link to a third party website does not constitute
or imply the station’s endorsement, sponsorship, or recommendation of
the third party or the content, products, services or information contained
on or available through such websites.
You agree to indemnify and hold harmless the station and Journal Broadcast Group,
its directors, officers, managers, employees, shareholders, subsidiaries, affiliates,
agents, and licensors, from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement
or resulting from any postings or transmissions that you deliver to us through
the station’s website. We reserve the right to take over the exclusive
defense of any claim for which we are entitled to indemnification under this
Section. In such event, you shall provide us with such cooperation as is reasonably
requested by us.
Disclaimer of Warranties
This Service is available "as is." We do not warrant that this Service
will be uninterrupted or error-free. There may be delays, omissions, interruptions
and inaccuracies in the information or other materials available through this
Service. We are not responsible for the availability or content of other services
that may be linked to this Service. We do not make any warranties, express or
implied, including without limitation, those of merchantability and fitness
for a particular purpose, with respect to this Service. We do not make any representations,
nor do we endorse the accuracy, completeness, timeliness or reliability of any
advice, opinion, statement or other material or database displayed, uploaded
or distributed in this Service or available though links in this Service. We
reserve the right to correct any errors or omissions in this Service. Although
we intend to take reasonable steps to prevent the introduction of viruses, worms,
"Trojan horses" or other destructive materials to this Service, we
do not guarantee or warrant that this Service or materials that may be downloaded
from this Service do not contain such destructive features. We are not liable
for any damages or harm attributable to such features. If you rely on this Service
and any materials available through this Service, you do so solely at your own
Limitations of Liability
We and Journal Broadcast Group, and its officers, directors, managers, employees,
shareholders, subsidiaries, affiliates, agents, or licensors are not liable
for incidental, indirect, consequential, special, punitive, or exemplary damages
of any kind, including lost revenues or profits, loss of business or loss of
data, in any way related to this Service or for any claim, loss or injury based
on errors, omissions, interruptions or other inaccuracies in this Service (including
without limitation as a result of breach of any warranty or other term of this
Agreement). Any claim against us shall be limited to the amount you paid, if
any, for use of this Service.
WACY, My New 32 are
trademarks of Journal Broadcast Group. Other marks are marks of their respective
holders. All other station trademarks, service marks, domain names, logos, and
company names referred to on this website are the property of Journal Broadcast
Group, its affiliates or licensors. Journal Broadcast Group also claims other
rights associated with, among other things, unregistered trademarks, service
marks, domain names, logos, and company names. You may not use any trademark,
service mark, domain name, logo, or company name of ours or any third party
without permission from the applicable owner. You may contact us by using our
contact information below to request written permission to use materials on
this website for purposes other than stated in this Agreement or for all other
questions relating to this Service.
We or you may terminate this Agreement and your right to access or use this
Service at any time. The warranty disclaimers, limitations and exclusions of
liability, reservation of property rights and other terms and conditions of
this Agreement which by their nature are intended to survive will survive the
termination or expiration of this Agreement for any reason.
This Agreement shall be governed by the laws of the United States and the State
of Wisconsin, excluding any conflict of laws provisions that would refer to
and apply the substantive laws of another jurisdiction. You and we agree to
submit to the jurisdiction of, and agree that venue is proper in, these courts
in any such legal action or proceeding. BY CONTINUING TO USE THIS SERVICE, YOU
AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
U.S. Export Controls
We control and operate this Service from the United States and make no representation
that this Service is appropriate or available for use in other locations. If
you use this Service from other locations, you are responsible for compliance
with applicable local laws including, without limitation, all export laws. Some
materials, information and software from this Service may be subject to export
controls imposed by the United States and may not be downloaded or otherwise
exported or re-exported: (a) into (or to a national or resident of) any country
to which the United States has placed an embargo, (b) to anyone in the U.S.
Treasury Department's Specially Designated national list, or (c) to anyone on
the U.S. Commerce Department's Table of Denial Orders. If you download or use
the materials, information or software, you represent and warrant that you are
not located in, or under the control of, or a national or resident of any such
country or on any such list.
The delay or omission by us to exercise any terms or rights pursuant to this
Agreement will not impair any such term or right nor be construed to be a waiver
thereof and shall in no way affect our right later to enforce it. Any waiver
by us of any of the covenants, conditions or agreements to be performed by you
will not be construed to be a waiver of any succeeding breach thereof or any
covenant, condition or agreement herein contained.
If any part of this Agreement is unlawful, void, or unenforceable, that part
will be deemed severable and will not affect the validity and enforceability
of any remaining provisions. Any information related to your use of this Service
for illegal purposes will be provided to law enforcement authorities.
You may contact us at:
My New 32
1391 North Road
Green Bay, WI 54307