May 22, 2013
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The website http://news.linktv.org/ (the “Site”) and the LinkTV World News iPad application (together “Services”) are owned by Link Media, Inc. d/b/a Link TV (“Link TV”). This is an agreement between you and Link TV. Please read it carefully as it is binding on you. If you do not agree with all of the terms set forth in these Terms of Use (“Terms”) and Privacy Policy (“Privacy Policy”), please do not install, use, or otherwise access the Services.
Link TV provides a collection of Services subject to the following Terms which may be updated by Link TV from time to time. Your use of this Site and the Services signifies your complete acceptance of these Terms. Link TV will provide notice of changes to the Terms by posting the new Terms on the Site. All such changes in the Terms shall be effective from the effective date set when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with Link TV in any way, your only recourse is to immediately discontinue use of the Site and Services.
You understand that all material transmitted through, or linked from the Services are the sole responsibility of the person from whom such material originated. Furthermore, the Link TV site and material available through the Services may contain links to other websites, which are completely independent of Link TV. Those links do not imply any endorsement by Link TV and Link TV makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. Link TV retains full copyright ownership, rights and protection in all material contained on the Services (including all software, HTML code and other code). None of the material contained in the Services may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Services are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of Link TV. You acknowledge that you do not acquire any ownership rights by downloading or streaming copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Services shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer or digital device except for personal and non-commercial use.
Link TV’s logos are trademarks are protected by state and federal laws. Other logos, and trademarks and service marks depicted on the Services are the property of their respective owners. Your unauthorized use of trademarks appearing on the site may constitute a violation of law, which could subject you to substantial civil penalties.
YOU AGREE THAT USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, LINK TV (I) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND THE SERVICES. (II) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LINK TV SITE OR THE SERVICES OR ACCESSED THROUGH ANY LINKS ON THE LINK TV SITE OR SERVICES, AND (III) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH LINK TV OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL LINK TV BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LINK TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LINK TV SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LINK TV SITE OR THE SERVICE, FROM THE INABILITY TO USE THE LINK TV SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LINK TV SITE OR THE SERVICE, SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LINK TV SITE OR THE SERVICES OR ANY LINKS ON THE LINK TV SITE OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LINK TV SITE OR THE SERVICES OR ANY LINKS ON THE LINK TV SITE OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF LINK TV AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO LINK TV. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Any sweepstakes, contest or similar promotion made available through the Sites or Services or for which Link TV may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
You agree to indemnify and hold Link TV, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person or entity.
This agreement shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Link TV (‘Dispute”) shall lie in the state or federal courts located in San Francisco, CA. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Link TV, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
The Terms and Link TV’s Privacy Policy constitute the entire agreement between you and Link TV and govern your use of the Services, superseding any prior agreements between you and Link TV. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.
This Site is governed by the terms and conditions set out in our Privacy Policy below.
You agree that we may terminate, modify, discontinue or abandon the Site or Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, License of Rights, User Responsibility, Governing Law, Disclaimer of Warranties, Limitations of Liability, Indemnity, General Information and Privacy shall survive any such termination.
Link TV regards your digital privacy as an important and serious matter. We have created this privacy statement in order to demonstrate our commitment to this issue. The following discloses our information gathering and dissemination practices for the LinkTV World News Site (http:// news.linktv.org) and Services (including the Link TV World News iPad app).
As Link TV continues to develop, we may add new features, change the type of information we gather or the method by which it is gathered. We will adjust this Privacy Policy to reflect any future changes, and notify users of any personal information we are requesting. Please contact us if you have any questions.
Link TV may use technologies like cookies (small files stored by your browser), web beacons, or unique device identifiers (“UDID”) to anonymously identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.
We do not collect personally identifiable information about you through these identifiers. In other words, we do not collect information such as your name, address, phone number or email address through these means.
We may store your location anonymously in aggregate form to understand the general geographic popularity of our Services.
Link TV uses the Flurry analytics tool and Google Analytics in order to develop and analyze use of the Services. If you wish to opt-out from Flurry analytics, please follow this link: http:// www.flurry.com/resources/privacy.html.
Link TV offers the opportunity for visitors to request email bulletins, partake in surveys and contests or offer feedback. Some of these forms require contact information or demographic information. Your contact information is only used as you have requested. We will not pass your private information on to third parties. Any information reported to underwriters or partners is on an aggregate, not an individual, basis. You may opt-out of receiving future mailings.
We may display some ads of our sponsors on our Services. Link TV has partnerships with other companies and links to other Web sites. Link TV is not responsible for the privacy practices or the content of such Web sites.
If you would like more information about your online privacy rights, visit the Electronic Frontier Foundation's website.
Effective Date: September 7, 2012 © 2012 Link TV.
