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Community
Television Foundation of South Florida, Inc. (“WPBT”)
uVu SERVICE AGREEMENT
1. Definitions.
"uVu" is the interactive on-line service operated by WPBT on the World
Wide Web of the Internet, consisting of information services and content provided
by WPBT and third parties. "Subscriber" means each person/entity who
establishes or accesses a connection ("Account") for access to and
use of uVu.
2. General.
(A) This Agreement sets forth the terms and conditions
that apply to the use of UVu by Subscriber. By using uVu
(other than to read this Agreement for the first time), Subscriber
agrees to comply with all of the terms and conditions hereof.
The right to use UVu is personal to Subscriber and is not
transferable to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account (under any
screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of
this Agreement. Subscriber shall be responsible for protecting
the confidentiality of Subscriber's password(s), if any.
(B) WPBT shall have the right at any time to change or
discontinue any aspect or feature of UVu, including, but
not limited to, content, hours of availability, and equipment
needed for access or use.
3. Change in Terms.
WPBT shall have the right at any time to change or modify the terms and conditions
applicable to Subscriber's use of UVu, or any part thereof, or to impose
new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but
not limited to, posting on UVu, or by electronic or conventional mail, or
by any other means by which Subscriber obtains notice thereof. Any use of
UVu by Subscriber after such notice shall be deemed to constitute acceptance
by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of UVu
and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use UVu for lawful purposes only.
Subscriber shall not post or transmit through UVu any material
which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without
WPBT's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct
by a Subscriber that in WPBT's discretion restricts or inhibits
any other Subscriber from using or enjoying UVu will not
be permitted. Subscriber shall not use UVu to advertise or
perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other
on-line information services competitive with UVu.
(B) UVu contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the
entire contents of UVu are copyrighted as a collective work
under the United States copyright laws. WPBT owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it.
Subscriber may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. Subscriber
may download copyrighted material for Subscriber's personal
use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be
permitted without the express permission of WPBT and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that it does
not acquire any ownership rights by downloading copyrighted
material.
(C) Subscriber shall not upload, post or otherwise make
available on UVu any material protected by copyright, trademark
or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is
not protected by copyright rests with Subscriber. Subscriber
shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material
to any public area of UVu, Subscriber automatically grants,
or warrants that the owner of such material has expressly
granted WPBT the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such
material. Subscriber also permits any other Subscriber to
access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants WPBT the right to
edit, copy, publish and distribute any material made available
on UVu by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit
of WPBT, its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its
own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF UVU IS AT SUBSCRIBER'S
SOLE RISK. NEITHER WPBT, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT UVU WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF UVU, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH UVU.
(B) UVU IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY
ACKNOWLEDGES THAT WPBT IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) IN NO EVENT WILL WPBT, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING UVU OR THE UVU SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE UVU.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON UVU.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WPBT,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR
ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,
OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN UVU, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK
TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. WPBT, ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, WPBT,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE INFORMATION.
7. Monitoring.
WPBT shall have the right, but not the obligation, to monitor the content of
UVu, including chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by WPBT and to satisfy any law, regulation
or authorized government request. WPBT shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted on
UVu. Without limiting the foregoing, WPBT shall have the right to remove
any material that WPBT, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless WPBT, its subsidiaries
and affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including attorneys' fees, arising
out of the use of UVu by Subscriber or Subscriber's Account.
9. Termination.
Either WPBT or Subscriber may terminate this Agreement at any time. Without
limiting the foregoing, WPBT shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which WPBT,
in its sole discretion, considers to be unacceptable, or in the event of
any breach by Subscriber of this Agreement. The provisions of Sections 5(B),
5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this
Agreement.
10. Trademarks.
WPBT, and UVu , and their respective logos are trademarks. All rights reserved.
All other trademarks appearing on UVu are the property of their respective
owners.
11. Third Party Content.
WPBT is a distributor (and not a publisher) of content supplied by third parties
and Subscribers. Accordingly, WPBT has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Subscribers
or any other user of UVu, are those of the respective author(s) or distributor(s)
and not of WPBT. Neither WPBT nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. (Refer to Section
6 above for the complete provisions governing limitation of liabilities and
disclaimers of warranty.)
In many instances, the content available through UVu represents
the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with
WPBT. WPBT neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on
UVu by anyone other than authorized WPBT employee spokespersons
while acting in their official capacities. Under no circumstances
will WPBT be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through UVu. It is the responsibility
of Subscriber to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available
through UVu. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for UVu established by WPBT constitute
the entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Florida , without regard to its
conflict of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only and
shall not be given any legal import.
13. Copyrights and Copyright Agent.
WPBT respects the rights of all copyright holders and in
this regard, WPBT has adopted and implemented a policy that
provides for the termination in appropriate circumstances
of subscribers and account holders who infringe the rights
of copyright holders. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please provide WPBT's Copyright Agent the following information
required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
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 copyright 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 us to locate
the material;
4. Information reasonably sufficient to permit us to contact the complaining
party;
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; and
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.
President and CEO
c/o Community Television Foundation of South Florida, Inc.
14901 NE 20th Ave.
Miami, FL
33181
Phone: (305) 949-8321
Fax: (305) 940-6610
Email: copyright@uvu.channel2.org
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