Wyoming PBS Website Terms of Use
1. Definitions.
"WYOMING PBS Web Site" is the online
presence operated by WYOMING PBS
on the World Wide Web of the Internet, consisting of information
services and content provided by WYOMING PBS.
"User" means any person who establishes or accesses
content on the WYOMING PBS Web Site
2. User Conduct.
WYOMING PBS Web Site contains copyrighted
material, trademarks and other proprietary information, including,
but not limited to, text, photos, and graphics. User 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. User may download copyrighted
material for User'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 WYOMING PBS and the copyright
owner (if applicable). 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.
3. Changed Terms.
WYOMING PBS shall have the right at any time
to change or modify the terms and conditions applicable to
User's use of WYOMING PBS Web Site. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means
including, but not limited to, notification on WYOMING PBS Web Site, or by electronic or conventional mail,
or by any other means by which User obtains notice thereof.
Any use of WYOMING PBS Web Site by User after
such notice shall be deemed to constitute acceptance by User
of such changes, modifications or additions.
4. Equipment.
User shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of WYOMING PBS Web Site
and all charges related thereto.
5. Disclaimer of Warranty; Limitation
of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE WYOMING PBS WEB SITE IS AT USERS'S SOLE RISK. WYOMING PBS AND ANY RELATED AGENTS OR AFFILITATES DO
NOT GUARANTEE THAT WEB CONTENT WILL BE UNINTERRUPTED OR ERROR
FREE.
(B) WYOMING PBS 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.
(D) IN NO EVENT WILL WYOMING PBS, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
WYOMING PBS WEB INFORMATION AND CONTENT,
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 WYOMING PBS. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WYOMING PBS WEB SITE.
6. Indemnification.
User agrees to defend, indemnify and hold harmless WYOMING PBS, its affiliates, employees, and agents
from and against all claims and expenses, including attorneys'
fees, arising out of the use of WYOMING PBS
Web Site by User.
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