Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. LBS’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY LBS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Last Updated: May 30, 2013
The following Terms of Use outline your obligations when using the Local Broadcast Sales (LBS) website. You can also review our Privacy Policy, which outlines our obligations and practices toward handling any personal information that you may provide to us.
1. ACCEPTANCE OF TERMS The web pages available at localbroadcastsales.com, and all linked pages (“the Site”), are owned and operated by Local Broadcast Sales, LLC (“LBS”), and are accessed by you under the Terms of Use described below (“Terms of Use”). This Site contains or may contain information on its Web pages in the form of articles, video clips, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos, third-party links and other materials (collectively the “Content”). By accessing, browsing or making any other use of this Site and its Content (other than to read this Web page for the first time) you agree to be legally bound by and comply with each Term of Use.
2. MODIFICATIONS OF TERMS OF USE LBS reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time without notice. If the alterations constitute a material change to the Terms of Use, LBS will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at LBS’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE Subject to full compliance with the Terms of Use, LBS may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content LBS performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”).
4. YOUR REGISTRATION OBLIGATIONS As a condition to using Services, you are provided with a username and password that grants you access to certain Membership areas on the Site as contractually agreed upon by you directly or a third party organization (i.e. a state broadcast association) on your behalf for your exclusive use only.
Failure to use the Site as contractually agreed to by you as an authorized Member shall constitute a breach of the Terms of Use, which may result in immediate termination of your access to LBS. You may not (i) share your username and password with any organization or individual not included in the original contract that provide you and your organization with exclusive use of the LBS Site. For example, if you secured exclusive rights to the LBS Site via your state broadcast association, you are forbidden to share your username and password with any individual, organization or subsidiary of your organization, outside the state represented by your state broadcast association. (ii) download, copy, or save any LBS video and audio content; all text-based may be downloaded or saved for your exclusive use only and may not be distributed to parties not covered by the original contract that provide you and your organization with exclusive use of the LBS Site.
LBS reserves the right to refuse registration of, or cancel an LBS User ID in its discretion. You shall be responsible for maintaining the confidentiality of your LBS password.
5. COPYRIGHT COMPLAINTS LBS respects the intellectual property rights of its trainers. It is LBS’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. LBS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, LBS may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. LBS will terminate access for subscribers and account holders who are repeat infringers.
6. LBS PRIVACY POLICY LBS’s current privacy policy is available at localbroadcastsales.com/privacy (the “Privacy Policy”), which is incorporated into these Terms of Use by reference.
7. INDEMNITY You will indemnify and hold harmless LBS, its affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or LBS User ID, of any intellectual property or other right of any person or entity.
8. WARRANTY DISCLAIMERS You acknowledge that LBS has no control over, what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LBS from all liability for you having acquired or not acquired Content through the Site or the Services. LBS will not be responsible or liable for the accuracy, copyright compliance or legality of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LINKS The Services may provide links to other World Wide Web sites or resources. Because LBS has no control over such sites and resources, you acknowledge and agree that LBS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LBS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. LIMITATION OF LIABILITY IN NO EVENT SHALL LBS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. TERMINATION LBS may terminate or suspend any and all Services and your LBS account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. MISCELLANEOUS No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind LBS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. LBS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LBS’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with LBS’s prior written consent. LBS may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, as if made within Indiana between two residents thereof, and the parties submit to the exclusive jurisdiction of the Hamilton County Superior Courts, Indiana and the United States District Court for the Southern District of Indiana. Notwithstanding the foregoing sentence, (but without limiting LBS’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Noblesville, Indiana using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
13. COPYRIGHT & TRADEMARKS LBS, Local Broadcast Sales and other LBS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of LBS in the U.S. and/or other countries. LBS’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the LBS icon pack may be used by a partner and third party sites in connection with providing appropriate links to the LBS Site. This Site and all the Content it contains, or may in the future contain, is the property of LBS and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of LBS or such third party that may own the trademark or copyright of material displayed on this Site. Subject to your full compliance with these terms, LBS authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.