WBNX-TV, Cleveland's CW

The Flash

Privacy Policy

This Privacy Policy was last updated on October 24, 2007.

Introduction

The website which is located at the domain wbnx.com (the “Website”) is operated by Winston Broadcasting Network, Inc. (All references to “Winston,” “WBNX-TV,” “we,” “our,” and “us” constitute references to Winston Broadcasting Network, Inc.). Your privacy is important to us. This Privacy Policy describes the types of information collected from you, what we do with it, with whom we share it, and how you can correct or change such information. It is your responsibility to review this Privacy Policy carefully, especially before providing any personal data through the Website.

PLEASE REVIEW THIS PRIVACY POLICY AND THE TERMS OF USE FOR THE WEBSITE CAREFULLY. YOUR USE OF THE WEBSITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY AND THE TERMS OF USE.

We are committed to safeguarding personal information that may be collected from persons who visit and use this website. The following privacy policy has been implemented to govern the collection and use of personal information that WBNX-TV may obtain from website users that visit this Website or participate in the various games, activities, or contests we offer online. WBNX-TV may revise this privacy policy from time to time. Therefore, you should periodically review our policy so that you are up to date on our policies and practices.

Contact Information

We welcome your input on how personal information is used and collected. If you want to communicate with WBNX-TV about the Website or this Privacy Policy, please contact us at:

WBNX-TV
Attn: Privacy Inquiries
2690 State Road
Cuyahoga Falls, OH 44223
Telephone: (440) 843-5555
E-mail: privacy@wbnx.com

Changes to this Privacy Policy

Changes to this Privacy Policy. From time to time, we may revise this Privacy Policy. If we make revisions to the way we collect or use Personal Information, we may provide notice of those changes by taking such action as we deem appropriate under the circumstances, including without limitation, posting a revised Privacy Policy on the Website. Any changes to this policy will become effective upon posting of the revised Privacy Policy on the Website. By continuing to use the Website following any such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using this Website

Types of Information Collected:

  1. Personal Information. Personally Identifiable Information (“Personal Information”) is any information that can be used to identify a specific individual, such as your name, image, email address, home address, phone number and credit card information. This Website collects Personal Information when you interact with the Website—for example when you subscribe for newsletters; register for membership services such as chat rooms or message boards; participate in chat rooms, blogs or other user forums; respond to polls or surveys; register for sweepstakes, contests and other promotional opportunities; or seek help from our customer service departments.
  2. Aggregate and Anonymous Data, Including Use of Cookies or Other Passive Collection of Non-Personally Identifiable Information. Aggregate and anonymous data is information that does not identify you specifically, including data collected automatically through the operation of the Website (“AA Data”). We may collect Website usage data (such as which Website pages you visit, the order in which you visited them, hyperlinks used, the type of computer operating system and browser being used, and the type of Internet service provider used by the visitor) through the use of various technologies. For example, we collect IP addresses from individuals who visit the Website. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Web. Web servers, the computers that “serve up” Web pages; automatically identify your computer by its IP address, and when you request a page from a website, its servers log your IP address. We do not link IP addresses to any Personal Information, so although your session will be logged, you will remain anonymous to us and the Website. During some visits, we may use software tools, such as JavaScript, to measure and collect session information, including page response times, download errors, time spent on certain pages, page interaction information, and methods used to browse away from the page.

    In addition, we may use a software technology called “cookies” or other similar technology. Cookies are small files that are placed on a visitor’s computer hard drive to store information about a visitor’s use of the Website for future visits to our site. The cookie itself does not contain any personally identifiable information about a visitor and we do not use cookies to obtain personally identifiable information. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, but it is possible that some parts of the Website will not function properly if you do so.

    Winston may use non-personally identifiable information and information obtained through cookies or other technology in order to monitor or improve our Website. By counting the number of visits to our Website and where each visitor goes on our Website, we are able to determine the areas of our Website that visitors like and use the most and which areas need improvement. With this information, we are able to continually improve our Website for the best online experience possible. We may also disclose some of this non-personally identifiable information to advertisers to inform them of data concerning the number of visitors to the Website and the number of visitors that have seen or linked to advertisements on our Website.
Collection of Personal Information from Children Under 14 Years of Age

We encourage parents and guardians to spend time with their children online and to be fully familiar with the websites visited by their children. At various places on the Website, we may ask users for their age. By using the Website you agree to respond truthfully and accurately about your age. Children under the age of 14 years of age are expressly prohibited from submitting or posting any personally identifiable information to or on the Website.

We do not directly collect personally identifiable information from children under the age of fourteen (14) online. In the event we collect personally identifiable information from children under the age of fourteen in the future, we will revise our Privacy Policy prior to collecting such information.

Parental Right of Review and Deletion

Although we have no intention to collect Personal Information from children under the age of fourteen, it is possible that such information could be transmitted to our Website in violation of the Website’s policies. In the event we receive Personal Information from a child under the age of fourteen, the child’s parents have the option to request that we delete their child’s Personal Information and may also request that we no longer use their child’s Personal Information. If you believe that WBNX.com has received your child’s Personal Information or if you would like to delete your child’s Personal Information, please contact us at:

WBNX-TV
Attn: Privacy Inquiries
2690 State Road
Cuyahoga Falls, OH 44223
Telephone: (440) 843-5555
E-mail: privacy@wbnx.com

If we have received your child’s Personal Information and you request deletion of your child’s Personal Information, we will immediately delete any such information.

Message Boards and Other User Forums

Please remember that information posted to message boards and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Website where postings might become public. Please see our Terms of Use for the standards of behavior that must be followed when using these portions of the Website. Children under the age of 14 are prohibited from providing any Personal Information on or to the Website. Provision of any such information would violate the Website’s Terms of Use and this Privacy Policy.

Our Use of Your Personal and Non-Personal Information and Data

We will use your Personal Information for the purposes for which it was provided. For example, if you provide Personal Information to enter a contest or sweepstakes, we will use it to register you for the contest or sweepstakes. We may also use your Personal Information to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Website users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Information on the Website.

Cookies and similar tools may be used to relate your use of the Webite and AA Data to Personal Information obtained from you. If any AA Data is linked with Personal Information, the linked AA Data will then be treated as Personal Information.

If you ask that we stop using your Personal Information, we will honor that request. However we will retain records of your Personal Information as needed in order to comply with applicable federal, state, or local law.

Disclosure to Others

We may disclose to third parties personally identifiable information collected online from persons over the age of thirteen (13). Any time we share Personal Information with a third party, we expect them to maintain and adhere to a privacy policy, but Winston does not and cannot guarantee maintenance and adherence by a third party to a privacy policy. We do not have any control over The CW Network, the 4Kids Network, or any other entity, and we are not responsible for any actions of those entities or any other third party. In addition, for third-party sponsored sweepstakes, contests or promotions, we may request personal information from you that may be shared with the sponsor upon request. In addition, we may disclose Personal Information without providing you with a choice under the following limited circumstances: (1) to protect the legal rights, privacy or safety of WBNX-TV, Winston, or its subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our Website or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Website Terms of Use; or (7) comply with the law or legal process.

Links to Other Websites and Third-Party Advertising

Our Website contains hyperlinks that allow users to link directly to other websites operated by other parties. The links to these thirdparty websites are meant only for the convenience of users. The presence of links to third-party websites does not constitute our sponsorship, endorsement, or approval of the content, policies, or practices of the linked websites. Linked websites may collect personally identifiable information from children. Winston is not responsible for any information these linked websites may obtain, and we do not oversee their policies or practices in collecting information. Parental discretion should therefore be exercised in utilizing these linked sites. Anytime a user has left Winston’s Website, the separate privacy policy of the third-party website should be examined.

Our Website may include third-party advertising. These third-party websites and advertisers, or the agents and companies that work on their behalf, may make use of technology to send the advertisements that appear on our Website directly to your browser. In many cases, they may automatically receive your IP address when this happens. They may also use cookies, Javascript, or other technologies to deliver advertisements to the Website or your browser, collect information about the effectiveness of their advertisements, and collect anonymous information about your visits to the Website, such as, without limitation, the number of times you have viewed an advertisement.

Exclusions

This Privacy Policy shall not apply to any unsolicited information you provide to Winston on or through this Website or otherwise. All such unsolicited information shall be deemed to be non-confidential, and Winston shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.

Other Terms and Conditions

Other Terms and Conditions. Your access to and use of this Website is subject to the Website Terms of Use.

Applicable Law

Winston controls and operates the Website from the United States. The Website is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Please note that we do not represent or warrant that the Website is appropriate for use in any particular jurisdiction. Users who choose to access the Website do so at their own initiative and are responsible for complying with all local laws, rules and regulations.

Security Disclaimer

Please remember that no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Winston to intercept or access transmissions or private communications unlawfully. Accordingly, we do not ensure or warrant the security of any Personal Information you transmit to us. Any such transmission is done at your own risk. If you believe that the security of your interaction with us has been compromised, please notify us at privacy@wbnx.com.

Terms of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF WBNX.COM AND FACEBOOK.COM/WBNXTV. BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY

These are legally binding agreements between you and us; please read them carefully. When using WBNX.com. and FACEBOOK.COM/WBNXTV you also are subject to other posted guidelines or rules applicable to certain services available on our site. All such guidelines and rules are part of this Terms of Use and you agree to them by using WBNX.com and FACEBOOK.COM/WBNXTV. The Website is operated by Winston Broadcasting Network, Inc. The terms “we” and “our” refer to Winston Broadcasting Network, Inc.(“Winston”) and/or the Website.

Changes to the Terms of Use. We may change the Terms of Use from time to time, in which case we will post the revised Terms of Use on the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend or discontinue the Website, or any portion of the Website, at any time in our sole discretion. From time to time, we may establish general practices, limits, or restrictions concerning the use of the Website and the posting of information, comments, images, or other materials by Website users and/or registered members of the Website.

Age, Registration and Posting. Personal information submitted to the Website is governed by the Website’s Privacy Policy. We are concerned about the safety and privacy of children; therefore, we do not permit children under the age of 14 to post information, content, images, comments, or other matter on the Website. To post information, content, images, videos, comments, or other matter on WBNX.com and FACEBOOK.COM/WBNXTV, or to obtain access to certain WBNX.com and FACEBOOK.COM/WBNX TV services, you must be at least 14 years of age. WBNX.com and FACEBOOK.COM/WBNXTV reserves the right to condition use of the Website or posting of information, content, images, comments, or other matter to the Website to those Website users who become a registered user of the Website.

Right to Screen Content. We have the right (but not the obligation), in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Content and Information Provided on or by WBNX.com and FACEBOOK.COM/WBNXTV. The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Winston and/or WBNX.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Winston, WBNX.com, and FACEBOOK.COM/WBNXTV reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source code contained in or on the Website.

User Submissions. The Website may now or in the future permit the submission of information, content, images, videos, comments, or other matter by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions. We assume no responsibility or liability for the deletion, corruption, or loss of any content submitted by a Website user, or for Winston’s, WBNX.com’s, or FACEBOOK.COM/WBNXTV’s failure to receive or store submitted content for any reason, including, without limitation, malfunctioning of any network, hardware or software.

You will be solely responsible for your own User Submissions of whatever nature that you post on, transmit via or link to from the Website and are responsible for the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you are the owner of the content, or otherwise have the right to post such content to our Website; (ii) the content is accurate, (iii) the content will not violate the rights of or cause injury to any person or entity, (iv) you own or have the necessary licenses, rights, consents, and permissions to authorize Winston, WBNX.com, and FACEBOOK.COM/WBNXTV to use the User Submissions in the manner contemplated by this Website and these Terms of Service; and (v) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to WBNX.com and FACEBOOK.COM/WBNXTV, you hereby grant Winston, WBNX.com, and FACEBOOK.COM/WBNXTV a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Facebook, Website and Winston’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Facebook Page, Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Facebook Page, Website a non-exclusive license to access your User Submissions through the Facebook Page, Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Facebook Page, Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Facebook Page and Website.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Winston, WBNX.com, FACEBOOK.COM/WBNXTV or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Winston, WBNX.com, and FACEBOOK.COM/WBNXTV expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or infringement of intellectual property rights on the Website, Facebook Page, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice. If and when the Website and Facebook Page requires registration, we will also terminate a User’s access to the Website and Facebook Page, if we determine, in our sole discretion, that the User is a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website or Facebook Page more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or (if and when the Website and Facebook Page requires registration) terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

Prohibited Content. By using the Website, you agree that you will not post or otherwise make available any content or material that:

Prohibited Behavior. By using the Website or Facebook Page, you agree that you will not:

External Links. WBNX.com and Facebook.com/wbnxtv may contain links to other websites that are not owned or operated by Winston and are separate and independent from our site. Visiting such other websites from WBNX.com and Facebook.com/wbnxtv is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another website does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.

Copyright Infringement Notification Procedure. If you are an owner of intellectual property or an agent of such owner who believes your intellectual property has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us.

Your Responsibilities. You agree to use the Website and Facebook Page in accordance with this Terms of Use, including our Privacy Policy.

If you see something on the Website and Facebook Page that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment (if and when commenting services are available). If you see something on the Website and Facebook Page that you believe violates these Terms of Use, interferes with the ability of others to enjoy the Website and Facebook Page, or is otherwise objectionable, please notify WBNX TV.

Your interactions with companies, organizations and/or individuals found on or through our Website, Facebook Page, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between persons who are users of this Website, Facebook Page, or between a Website/Facebook Page user and any third party, you understand and agree that we are under no obligation to become involved in any respect. In the event that you have a dispute with one or more other Website/Facebook Page users, you release Winston, WBNX.com, Facebook.com/wbnxtv, their officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Website.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the WBNX.com and Facebook.com/wbnxtv servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Winston, WBNX.com, and Facebook.com/wbnxtv grant the operators of public search engines permission to use spiders to copy materials from the Website and Facebook Page for the sole purpose of creating publicly available searchable indices of the materials. Winston, WBNX.com, and Facebook.com/wbnxtv reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names (if any), from the Website, Facebook Page, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Disclaimer of Warranty; Limitation of Liability; Indemnification. We work hard to make and maintain this Website and Facebook Page. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these disclaimers and limitations carefully before using this Website and Facebook Page.

NO WARRANTIES: YOU AGREE THAT USE OF THE WBNX.COM WEBSITE (“WBNX.com SITE” OR “SITE”) AND ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS PROVIDED BY WINSTON AND WBNX.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. WINSTON AND WBNX.com MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WINSTON AND WBNX.com DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE WBNX.com SITE.

LIMITATIONS ON OUR LIABILITY: UNDER NO CIRCUMSTANCES WILL WINSTON, WBNX.com, FACEBOOK.COM/WBNXTV OR THEIR AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE, FACEBOOK PAGE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, FACEBOOK PAGE INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF WBNX.com, FACEBOOK.COM/WBNXTV AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO WINSTON, WBNX.com, OR FACEBOOK.COM/WBNXTV FOR THE USE OF THIS WEBSITE OR FACEBOOK PAGE.

INDEMNIFICATION BY YOU: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WINSTON, WBNX.com, FACEBOOK.COM/WBNXTV, THEIR AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF ANY CONTENT POSTED ON THE WBNX.com SITE AND FACEBOOK.COM/WBNXTV BY YOU OR BY OTHERS USING YOUR ACCOUNT.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous. The Website, Facebook Page and/or its content may be transmitted to you over various networks, and any content that you contribute may be modified to comply with these Terms of Use or to conform and adapt to our technical requirements and those of connecting networks or devices.

You are solely responsible for obtaining access to the Website, Facebook Page and you must provide and be responsible for all equipment needed to access the Website/Facebook Page.

Our failure to exercise or enforce any of our rights or to enforce any provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Terms of Use will remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Choice of Law and Forum. Any dispute of any sort that might arise between you and WBNX.com/Facebook.com/wbnxtv will be governed by the laws of the United States and of the State of Ohio, without regard to their principles of conflict of laws. You and WBNX.com/Facebook.com/wbnxtv submit to the exclusive jurisdiction of the state and federal courts in the Northern District of Ohio.

Feedback. We welcome your questions or comments about these Terms of Use or our Website, and also welcome any suggestions you may have for improvement of our Website.

Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Attn: Legal Liaison
WBNX-TV
Winston Broadcasting Network, Inc.
2690 State Road
Cuyahoga Falls, OH 44223
Fax: 330-929-2410
Email: copyright@wbnx.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the person submitting the counter notice.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The name, address, and telephone number of the person submitting the counter notice, and a statement that such person consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the address is outside of the United States, for any judicial district in which the service provider may be found, and that the person submitting the counter notice will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Attn: Legal Liaison
WBNX-TV
Winston Broadcasting Network, Inc.
2690 State Road
Cuyahoga Falls, OH 44223
Fax: 330-929-2410
Email: copyright@wbnx.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

WBNX.com reserves the right to change the terms and conditions of this notification policy from time to time.