Terms and Conditions
The following Terms and Conditions shall govern the materials and services provided to you by Brownwood News (referred to as “Site”).
The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
By accessing and using a Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use a Site if you have any objections to any of these Terms and Conditions.
Brownwood News may revise these Terms and Conditions over time as new features are added to the Sites or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit a Site.
- Copyright and Permissions
Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Sites.You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of Brownwood News; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Sites without prior written permission.None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Brownwood News.
- Trademarks/Service Marks
The trademarks/service marks and logos (collectively the “Marks”) displayed on the Site identify the products and services of Brownwood News, its advertisers and other third parties, and to inform the public as to the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
- In a manner likely to cause confusion;
- To identify your products or services;
- In, as, or part of your own trademarks or services marks;
- In a manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or
- In a manner that disparages or dilutes the Marks.
- Fair Use & Proper Attribution of Marks
You may make fair use of the Marks in news, advertising and promotional materials, and in referring to our products and services (for example, in a consumer magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Any other uses require prior written permission from Brownwood News.
- Disclaimers and Limitation of Liabilities and Warranties
The Site may contain technical inaccuracies, typographical errors, and out of date information. The Site make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Site make no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that your use of the Sites is at your own risk. Brownwood News reserves the right to make changes to the Site at any time.
BROWNWOOD NEWS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) BROWNWOOD NEWS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITES, ALL OF WHICH ARE BEING OFFERED “AS IS.” BROWNWOOD NEWS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.
- Intellectual Property Limitation of Liability
Brownwood News respects the intellectual property of others, and we ask visitors to the Sites to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to a designated Copyright Agent of Brownwood News:
- Identification of the copyrighted work(s) that you claim has been infringed;
- Identification of where the material that you claim to be infringing is located on a Site;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owners behalf;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
The designated agent of Brownwood News for notification of claims on the Sites is Amanda Coers who can be reached as follows:
Address: Amanda Coers, News Director – Brownwood News
114 Center Avenue, Suite 305
Brownwood, Texas 76801
Telephone: (325) 200-1169
Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify the designated agent of Brownwood News.
- User Conduct/Guidelines
The Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials, whether publicly posted or privately transmitted. You agree that you have read and are familiar with the following guidelines.Please note that messages from users who violate our guidelines may be blocked. Users who violate our guidelines may also be sent a warning, and if necessary, will be banned from further posting.You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the “Content”) is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Site.You will post honestly and in good faith and with the intention to accurately inform. We do not welcome people who wish to disrupt or insult other users. If we believe you are posting with the intent to cause disruption or harm to other users, you will be banned from further posting on the Site.You are also responsible for keeping your email address updated. Failure to keep your email address updated may result in banning until we can confirm that you have a valid email address associated with your Site activities. You are also responsible for keeping your log-in information, including your password, private. Sharing of memberships or screen names is not allowed and may result in your membership being banned. Brownwood News accepts no responsibility for use of your membership or computer by any third parties, with or without your permission.
You agree not to:
- post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy;
- post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- post, disseminate, or transmit any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
- impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
- post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users ability to engage in real-time exchanges;
- interfere with, disrupt, or harm in any way the Sites or servers or networks connected to the Site;
- attack the character or damage the reputation of other members, name-call, insult, ridicule, mock, electronically stalk or otherwise harass another user;
- insult, attack, belittle, or ridicule the beliefs, personal attributes, or life choices of other members;
- “Hit and run.” Please do not go to a board where you would not ordinarily post, simply to point out the wrongness of another poster or groups actions, beliefs, or comments;
- collect or store personal data about other users;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
- use the Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other websites providers, websites, chat rooms, or the like;
- violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
- forward or post private messages that someone has sent you unless you have his/her permission. Only send private messages to another user of the Sites if he/she has given express permission to you;
- transfer issues or posts from one bulletin board to another with the intention of drawing negative attention to the post. Do not quote someone else’s post from another board without that persons permission. Please do not direct people to controversial or problematic threads on other boards;
- select a screen name that is vulgar or obscene or that misrepresents you to other members;
- use any community areas to buy or solicit any goods, services, or money to advertise or sell products or services of others. Please do not post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- use all capital letters in your chat or bulletin board postings;
- post the same message more than once on a bulletin board or on multiple boards. This includes postings on multiple boards asking other members to vote in online contests, asking for signatures for petitions, and any other “public service”-type announcements about public or personal causes or issues;
- “flood.” This includes repeatedly “bumping” a thread, disrupting an online chat event by entering the same phrase over and over again, or otherwise using up band-with; or
- post on behalf of a banned member, or you may also be banned without notice or warning.
- Submissions. The Site may include various features and services, such as bulletin boards, chat rooms, blogs, Web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, classifieds, obituaries, events, calendars, your and/or other persons names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, “Submissions”). You are responsible for the Submissions you post on our Site. We are not responsible for the Submissions that you or other users post on the Site. We are not obligated to, and we do not, monitor, pre-screen or pre-approve the interactive areas of the Site. However, we reserve the right to edit, remove, or to refuse to post, any Submission, in whole or in part, for any or no reason, including, but is not limited to, any Submission that violates the Terms of Service or is otherwise objectionable, in our sole discretion. Because of the volume, we may not post all Submissions that we receive.
- Your License to Us. You retain all of your ownership rights in your Submission. However, by submitting any Submissions to us or to or through the Site, you grant to us, and to our sublicensees, an unrestricted, worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration) to you or to any other person or entity, to use, re-use, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, re-distribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the Submissions and any ideas, concepts, know-how or techniques contained in or conveyed by the Submissions, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on other Brownwood News Web sites, on third party Web sites, in our print publications, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution services. In addition, you hereby grant us and our sublicensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the Submission and in any and all promotion or advertising material related thereto.
- Not Confidential. You understand that all Submissions you transmit to us and the Site will be treated as non-confidential and non-proprietary. You acknowledge that anything you submit to the Site by way of any Submissions is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such Submission. You acknowledge that the Submissions and features on the Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any Submission. If you use your legal name as your username, then your legal name may be published.
- No Fiduciary Relationship. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users.
- No Guarantee of Accuracy, Integrity or Quality of Submissions. We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the Submissions made available through this Site. By using this Site, you may be exposed to Submissions that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on this Site. We may now or in the future provide you a mechanism or click button to allow you to report any Submission you may find objectionable. But please understand that in so doing we do not guarantee that any such Submission will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a Submission you find objectionable. You agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its Submissions. You also agree that under no circumstances will we, Brownwood News or any of our affiliated entities be liable in any way for any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed or otherwise made available via this Site.
- Not Endorsed by Us. You acknowledge that the substance, views and opinions expressed in the Submissions are those of the author or submitting user solely and do not necessarily reflect our, Brownwood News, or our affiliated companies views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the Submissions. We, Brownwood News, and our affiliated companies are not responsible for and do not endorse, guarantee, or warrant any content, views, opinions, products, advice, recommendations or services referenced, posted or sent by the authors or submitting users through this Site. In fact, we specifically disclaim any and all liability in connection therewith.
- Contests and Sweepstakes
PLEASE READ CAREFULLY. By entering a contest sponsored by Brownwood News, or any of the television stations owned by Brownwood News, or any third party affiliated with Brownwood News for the purposes of sponsoring a contest, you agree to the abide by these Official Rules and the decisions of Brownwood News and its designated judges, which are final and binding on all matters.
- ELIGIBILITY: OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES, WHO ARE AT LEAST 18 YEARS OF AGE. Void outside the continental United States and where prohibited. All employees, and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those residing in the same households of employees, whether or not related, of Brownwood News and its stations, subsidiaries, affiliates and its advertising, promotion and production agencies are not eligible to enter or to win a prize in the contest. Contest is subject to all applicable federal, state and local laws.
- TO ENTER: Brownwood News reserves the right to disqualify any entry it deems to be inappropriate, offensive or that are otherwise not in compliance with these Official Rules, in its sole discretion. All entries shall become the sole property of Brownwood News and will not be acknowledged or returned. Limit one (1) entry per person/household, regardless of category in which entry is submitted.
- JUDGING: All eligible entries received for each contest will be judged by a panel of qualified judges whose decisions are final and binding in all judging matters relating to this contest. Eligible entries will be judged equally on the criteria which will be posted prominently in each contests specific rules. Brownwood News reserves the right, at its sole discretion, to not award a prize in any particular contest if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for that contest.
- PRIZES: Brownwood News agrees to post prominently specific prizes for each contest in the rules announcing such contest. No substitution, cash equivalent, assignment or transfer of prizes will be permitted by winners, except at Brownwood News’s sole discretion. Brownwood News reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Brownwood News. All federal, state and local taxes and any other costs and expenses associated with the acceptance and use of any prize not specified herein are the sole responsibility of each winner. All prize details, including manufacturer and model of appliances are at Brownwood News sole discretion.
- OWNERSHIP/USE: By submitting an entry, entrant agrees that Brownwood News shall own the entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to entrant or any third party. By submitting an entry, entrant warrants that entry is original and that entrant is the sole copyright owner and that entry is not based upon or derived from a copyrighted work owned by any third party.
- GENERAL CONDITIONS: Entrants agree that Brownwood News and its stations, subsidiaries and affiliated companies, and advertising and promotion agencies, and each of their respective officers, directors, employees, representatives, licensees, assignees and agents (collectively, the “Released Parties”) will have no liability whatsoever for, and are released and shall be held harmless by entrants from and against any liability, for any injuries, losses or damages of any kind, to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or from participation in this contest or in any contest-related activity.
Brownwood News reserves the right to discontinue the participation privileges of any entrant (and void his/her entry) who engages in any fraudulent activity or uses the contest in a manner inconsistent with these Official Rules or any federal, state, local laws, statutes or ordinances or with the intent to annoy, harm or abuse Brownwood News, its representatives or any other entrant. In addition to discontinuance of participation privileges, Brownwood News shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
The contest is provided to individuals only. Corporations, associations or other groups may not participate in the contest.
Each winning entrant (i) by acceptance of a prize, except where legally prohibited, grants permission for Brownwood News (and agrees to confirm such agreement in writing) and its designees to use his/her name, entry material, voice and/or likeness and prize information for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide and on the Internet and/or World Wide Web without notice or review or approval; and (ii) may be required to execute and return a release. If the release is not received fully-executed by the date listed on the notification, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, or if prize notification or prize is returned as undeliverable, prize will be forfeited and, at Brownwood News discretion, awarded to a runner-up for the contest.
Released Parties are not responsible for typographical, printing or other errors or problems relating to or in connection with the contest, including, without limitation, errors or problems which may occur in connection with the administration of the contest, the processing or judging of entries, the announcement of the prizes or in any contest-related materials.
Released Parties are not responsible for illegible, lost, late, damaged, incomplete, inaccurate, forged, delayed, misdirected, postage due or stolen entries or mail and all such entries will be void.
Released Parties are also not responsible for any incorrect or inaccurate information associated with or utilized in the contest. Persons who tamper with or abuse any aspect of the contest or website or who are in violation of these Official Rules, as solely determined by Brownwood News, will be disqualified and their entries void. Should any portion of the contest be, in Brownwood News sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of Brownwood News, corrupt or impair the administration, security, fairness, or submission of entries, Brownwood News reserves the right at its sole discretion to suspend, modify or terminate the contest and, if terminated, select the potential winner for the contest from all eligible, non-suspect entries received for the contest prior to such action using the judging procedure outlined above.
- Chat Rooms, Message Boards, and Other Public Areas and Membership Activities
- Advertising and other Third Party Content
- Dispute Resolution
Any action based on a breach of the terms herein shall be brought to the federal or state courts presiding in Texas, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to Brownwood News its damages and attorney’s fees and such other and further relief as the court may deem appropriate.
- Applicable Laws and Jurisdictional Issues
The Sites shall be governed by the laws of the United States, including federal copyright and trademark laws, and with the laws of the State of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Sites, you consent to the jurisdiction of the federal and state courts presiding in Texas and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
- Force Majeure
Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of Brownwood News is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Brownwood News, then Brownwood News shall not be responsible to you for any failure or delay in the performance of its obligations. Brownwood News shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Brownwood News from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
- No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of Brownwood News.
- Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
- No Waiver
Any failure by Brownwood News to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
- Changes to the Terms and Conditions
No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Sites or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms and Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Brownwood News.
- Complete Understanding
These Terms and Conditions constitute the entire understanding between Brownwood News and you with respect to the Site.
BY USING THE SITES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL.
For more information about Brownwood News or if you have any questions about our Terms and Conditions, please contact us by e-mail at firstname.lastname@example.org