TERMS OF USE


Welcome to this Web site (the "Web Site"). This Web Site is made available by Hearst Television Inc., and its parent, subsidiary and affiliated entities (collectively "Hearst," "we," "us," or "our"), to provide news data and information, related features and services. The terms and conditions set forth herein (the "Terms of Use") constitute a legally binding agreement between Hearst and you regarding the terms on which Hearst offers you access to this Web Site.

Your Use of the Web Site is Governed by these Terms of Use. Please take a few minutes to review the Terms of Use. By accessing and using this Web Site, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of these Terms of Use, you are not authorized to access or use this Web Site for any purpose.

Minors. If you are not of an age old enough to enter into contracts in your state (i.e., a "minor"), you need to review these terms and conditions with your parent or guardian before using this Web Site; if your parent or guardian do not agree with any of these Terms of Use as applied to you, then you are not authorized to access or use this Web Site for any purpose.

  1. These Terms of Use May Change Without Prior Notice
    Hearst reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth above.


  2. Notices of Restrictions on Your Use
    The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the Web Site (the "Content") belongs to Hearst, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and belong to Hearst, its partners, affiliates, contributors or third parties. Third party content is intended to be used on this Web Site in a legally-permissible manner; you may need third party licenses or permissions to use such content for other uses.

    1. Restrictions on Use
      You may use the Web Site and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:

      1. only use these copies of the Content for your own personal, non-commercial use;


      2. do not copy or post the Content (including source codes) on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site; and


      3. do not modify or alter the Content (including source codes) in any way, or delete or change any copyright, trademark or other legal notice.

      No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the Website. Hearst reserves complete title and full intellectual property rights in any Content you copy or download from this Web site.

      You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner.


    2. Specific Restrictions on Use of Associated Press Material
      Content provided by the Associated Press, including information, data, text, photographs, graphics, audio and/or video material, shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and may not be stored in a computer except for personal and non-commercial use. The Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from.


    3. Distributable Content
      Notwithstanding the foregoing, certain Content may be made available on the Web Site for you to distribute or reproduce for limited purposes, subject to additional terms and conditions and restrictions, as may be specified on the Web Site. In no event shall such Content be used by you for any commercial purpose, and in no event shall you have the right to alter or modify such Content in any manner, or make any use of it other than as we specify in these Terms of Use or otherwise on the Web Site.

  3. Disclaimer of Warranties
    YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. HEARST MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE. HEARST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). HEARST SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE. HEARST DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. HEARST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

    1. Specific Disclaimer For Downloading of Files
      Hearst cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site, the accuracy of any information or content provided through the Web Site, or quality of any file used in conjunction with the Web Site is solely and exclusively with you, the user.


    2. Specific Disclaimer for International Use
      Hearst makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. Hearst makes no representation or warranty that the translations are complete and accurate and Hearst, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by Hearst. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

  4. Limitation of Liability
    IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HEARST, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:

    1. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN;


    2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;


    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;


    4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR


    5. ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF HEARST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HEARST'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HEARST, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TO ANY USER OR OTHER INDIVIDUAL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (i) THE AMOUNT, IF ANY, PAID BY YOU TO HEARST FOR YOUR USE OF THE WEBSITE , OR (ii) $100. ALL USERS UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION 5 REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.


  5. Indemnification
    You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless Hearst, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Web Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Web Site or your use of the Content, any violation by you of this Agreement or any applicable law, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user account.


  6. Personal Information and Privacy Policy
    Hearst may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site. Hearst's information collection and use policies with respect to the privacy of collected information are set forth in the Web Site's Privacy Statement which is incorporated herein by reference for all purposes. You may be able to create an account on our Web Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, and to control access to and use of your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

    Your obligations under these Terms of Use are in no way conditioned on Hearst complying with the terms of our Privacy Statement. Click here to see the Web Site's Privacy Statement


  7. User Conduct
    You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; might compromise the security of the Web Site; render the Web Site inaccessible to others; or otherwise cause damage to the Web Site or any Content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site except as expressly authorized by Hearst in these Terms of Use or by a written agreement between you and Hearst. On some parts of the Web Site, you can upload, distribute, post or otherwise publish through the Web Site information, data, text, software, photographs, graphics, messages, or other material, post messages or express your comments on a given topic, or start a new topic to which others can respond (collectively, "Material"), all subject to these Terms of Use. You agree not to upload, distribute, post or otherwise publish through the Web Site:

    1. any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;


    2. any libelous, defamatory, obscene, threatening, advertising, harassing, fraudulent, misleading, false, pornographic, abusive, or otherwise illegal or objectionable Material;


    3. any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;


    4. any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or


    5. any Material that harms minors in any way.

    You further agree not to (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web Site, or obtaining lists of users or other information from or through the Web Site, including, without limitation, any information residing on any server or database connected with the Web Site; (ii) attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site, or any content thereof, or make unauthorized use thereof; or (iii) impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site, Station or Hearst.

    We may also make certain products and services available for purchase or download to visitors of the Web Site. You may only order products or services if you are domiciled in the United States and if, under the laws of your state, you are old enough to enter into a contract to purchase such goods or services. By making a purchase, you represent that you are old enough to enter into such a transaction. You agree to pay in full the process for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us, and you are agree to pay all applicable taxes. Certain products or services that you purchase or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

    Hearst cannot make any representation or warranty about anything contained in the Material. Hearst likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will Hearst be liable for any activity or injury or consequence that may occur.


  8. SUBMITTED MATERIALS
    If you post any Material on the Web Site, you represent and warrant to us that you have the legal right to post or submit such Material, that you have the necessary permissions, consents, or licenses to post or submit the Material, and that it will not violate any law or the rights of any person or entity. By posting Material on the Web Site, you grant to Hearst the royalty-free, irrevocable, perpetual, non-exclusive worldwide right and license to use, re-use, assign, sublicense, distribute, copy, reproduce, modify, adapt, publish, translate, display, perform, make, sell and export such Material, and create derivative works from such Material, in any and all media or technology now known or later developed, in any manner, in whole or in part, without any restriction or responsibilities or additional compensation or consideration to you or anyone else. Any information, creative works, ideas, suggestions, or other Materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our message boards or send to us via e-mail) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of use and the Web Site's Privacy Policy. You also acknowledge and agree that you are solely responsible for the content of any of your messages or Material that you submit on or through the Web Site. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You agree that any Material that you submit to the Web Site may be edited, removed, modified, published, transmitted, and/or displayed by Hearst, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your Material.

    By using the Web Site, you understand and agree that Hearst is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does Hearst endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving or relying on any content contained therein. Although Hearst has the right to do so, Hearst generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any third-party postings. Hearst generally has the right to monitor or remove any third-party postings at any time and without notice pursuant to these Terms of Use, our Privacy Policy, or our agreements with third parties. From time to time, we receive requests to disclose the identities of users who post messages to the Web Site. We may disclose the identity of a user pursuant to the Terms of Use, our Web Site Privacy Policy or applicable law. You also acknowledge that portions of the Web Site may contain unedited materials, some of which may be sexually explicit or offensive to you. You access such materials at your own risk. Hearst has no control over and accepts no responsibility whatsoever for such materials.


  9. General Provisions
    1. Entire Agreement
      These Terms of Use 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. No waiver by Hearst of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


    2. Correction of Errors and Inaccuracies
      The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.


    3. No Endorsements of Links
      Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Hearst of the third party, any third-party Web site, or the information contained therein. You acknowledge and agree that Hearst is not responsible for the availability of any such Web sites and that Hearst does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will Hearst be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.


    4. Enforcement
      Hearst has the right to investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Web Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, Hearst may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A., regarding any and all disputes relating to these Terms of Use, the Web Site Privacy Policy, your use of the Web Site, any other Hearst web site, or Content or material contained therein.


    5. Termination
      We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Web Site or the Web Site's services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, our policies or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.


    6. Claims of Copyright Infringement
      In the event that you claim to be the copyright owner of any Content, you agree to immediately notify Hearst of any claimed copyright infringement. You further agree to provide Hearst's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. ยง 512:
      1. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;


      2. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or 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 you, the complaining party, or the person authorized to act on your behalf, including your address, telephone number, and email address;


      5. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and


      6. a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. Hearst's Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:

        • sending an e-mail request to hearsttelevisionnotice@hearst.com, or
        • sending a fax to: 1-212-887-6855
        • making a telephone call to: 212-887-6817
        • sending a letter via the U.S. Mail to:

          Hearst Television Inc.
          Jonathan C. Mintzer, Esq.
          300 West 57th Street
          New York, NY 10019

    7. Severability
      If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.


    8. General Contact Information
      If you have any questions about these Terms of Use, the practices of this Web Site, or your dealings with this Web Site, you may contact us by:

      • sending an e-mail request to hearsttelevisionnotice@hearst.com or
      • sending a letter via the U.S. Mail to:

        Hearst Television Inc.
        Director of Digital Content
        300 West 57th Street
        New York, NY 10019
Last Updated: October 1, 2009