Welcome to Nexstar Broadcasting Group, Inc. ("Nexstar") website's Terms and Conditions.
These Terms and Conditions apply to all of the web sites relating to television stations in the Nexstar family.
We have posted these Terms and Conditions to be in compliance with
numerous laws that regulate the provision of information and services
on the Internet. After reviewing these Terms and Conditions, if you
have questions about Nexstar and/or about the use of materials on our
website, please contact us at
corpwebmaster@nexstar.tv.
Terms and Conditions
The following Terms and Conditions shall govern the materials and
services provided to you by Nexstar's website and/or by a website
operated by a television station in the Nexstar family (a "Site" and,
collectively, the "Sites").
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.
Nexstar 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 Sites. You may download or make single
copies of materials displayed on the Sites 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 Sites, including any text, images,
audio clips, or video clips for public or commercial use, without the
prior written permission of Nexstar; 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 Sites (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 Nexstar.
Except as otherwise noted, all content of the Sites is:
©2009, Four Points Media Group LLC. All Rights Reserved.
Nexstar has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material, please contact us. We can be reached by e-mail at corpwebmaster@nexstar.tv.
- Trademarks/Service Marks
The trademarks/service marks and logos (collectively the "Marks")
displayed on the Sites identify the products and services of Nexstar,
its advertisers and other third parties, and to inform the public as to
the source of those products and services. Nothing contained on the
Sites should be construed as granting any right or license to use any
Mark displayed on the Sites. 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.
You are also advised that Nexstar will enforce its intellectual
property rights to the fullest extent of the law. You agree not to
display or otherwise inappropriately use the Marks without prior
written permission from Nexstar.
- 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
Nexstar.
- Privacy
Our Privacy Policy is a part of the Site's Terms and Conditions which
is binding on all Site users including users of websites operated by a
television station in the Nexstar family. The policy of Nexstar is to
respect and protect the privacy of our users. Nexstar includes as part
of its mission, the constant effort to build users' trust and
confidence in the Internet by promoting fair information practices. To
fulfill this mission, Nexstar agrees to exercise reasonable precautions
to maintain the confidentiality of information provided by you in
connection with accessing and using the Sites. Because we gather
certain types of personally identifiable information ("Personal
Information") from users of our websites, we feel you should know how
we collect, use, disclose, manage, and store the Personal Information
that you may voluntarily provide us and the Personal Information that
is collected passively through the use of cookies or image tags on our
websites. Nexstar agrees to post prominently and in plain language its
specific privacy policies. This Privacy Policy sets forth Nexstar's
current policies and practices with respect to nonpublic personal
information of the users of the Sites. For our full Privacy Statement,
see our PRIVACY POLICY.
- Purchases
All payments to Nexstar, including without limitation for merchandise,
on-line advertising, employment opportunity listings on community
bulletins, business directory, and classifieds listings shall be made
by credit card or Electronic Check and are subject to the approval of
the financial institution issuing the credit card or electronic check.
Purchases are not binding on Nexstar until such approval is received.
Nexstar shall not be liable in any way if any financial institution
refuses to accept or honor your credit card for any reason.
Each time you make a purchase you agree that Nexstar is authorized to
charge your designated account for the applicable rate or price
published on the Sites.
Financial transactions related to your purchases from Nexstar are
handled by PayPal (http://www.paypal.com/) and VisaNet
(http://www.visanet.com/). Information relating to your financial
transactions will not be maintained on Nexstar servers.
Questions or information requests related to online purchases should be
made to servicedesk@nexstar.tv. Please provide contact information,
transaction website, and transaction information.
- Disclaimers and Limitation of Liabilities and Warranties
The Sites may contain technical inaccuracies, typographical errors, and
out of date information. The Sites make no representations as to the
accuracy, reliability, completeness, or timeliness of the information
posted, and the Sites make no warranty that the Sites will meet your
requirements. You understand, acknowledge, and agree that your use of
the Sites is at your own risk. Nexstar reserves the right to make
changes to the Sites at any time.
NEXSTAR BROADCASTING GROUP 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.) NEXSTAR 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." NEXSTAR 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 SITES.
- Intellectual Property Limitation of Liability
Nexstar 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 Nexstar:
- 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 owner's behalf;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
The designated agent of Nexstar for notification of claims on the Sites is Todd Porch who can be reached as follows:
Address: Todd Porch Senior Vice President, eMedia
Nexstar Broadcasting Group, Inc.
5215 N O'Connor Blvd
Suite 1400
Irving, TX 75039
Telephone: (972) 373-8800
Fax: (214) 545-5471
E-mail: corpwebmaster@nexstar.tv
Similarly, if you believe that any of your trademarks or service marks
have been infringed, please notify the designated agent of Nexstar.
- User Conduct/Guidelines
The Sites 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 Sites.
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 Sites.
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. Nexstar 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,
tortious, 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 Sites;
- 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 Sites;
- 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
group's 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 Sites for any illegal purpose, in violation of any
applicable laws or regulations or in violation of the rules of any
other website's 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 person's
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 Nexstar 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,
Nexstar 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,
Nexstar's, or our affiliated companies' views or opinions. You should
make your own evaluation of the content, views, and opinions expressed
in the Submissions. We, Nexstar, 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
To participate in various activities on the Sites, including contests
and sweepstakes, users may be required to complete a registration
process and may receive/select a "user name" and/or password. You will
be fully responsible for all uses of your registration and for any
activity that occurs under your password or account, whether or not
authorized by you. You further agree to immediately notify Nexstar of
any unauthorized use of your registration and/or password. You
acknowledge that you are subject to Nexstar's Privacy Policy.
PLEASE READ CAREFULLY. By entering a contest sponsored by Nexstar, or
any of the television stations owned by Nexstar, or any third party
affiliated with Nexstar for the purposes of sponsoring a contest, you
agree to the abide by these Official Rules and the decisions of Nexstar
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 Nexstar
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: Nexstar 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 Nexstar 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 contest's specific rules. Nexstar 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: Nexstar 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 Nexstar's sole discretion. Nexstar 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 Nexstar. 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 Nexstar's sole discretion.
- OWNERSHIP/USE: By submitting an entry, entrant agrees that Nexstar
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 Nexstar 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.
By participating in the contest, entrant agrees that all personal
information submitted will be governed by Nexstar's Privacy Policy. To
learn how the personal information collected in connection with the
contest may be used, individuals should read Nexstar's Privacy Policy. The terms of the Privacy Policy are incorporated herein by reference.
Nexstar 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 Nexstar, its
representatives or any other entrant. In addition to discontinuance of
participation privileges, Nexstar 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 Nexstar (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
Nexstar's 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 Nexstar, will be disqualified and their entries void. Should any
portion of the contest be, in Nexstar's sole opinion, compromised by
non-authorized human intervention or other causes which, in the sole
opinion of Nexstar, corrupt or impair the administration, security,
fairness, or submission of entries, Nexstar 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
As an entertainment service to our users, the Sites may provide
activities on the Sites such as chat rooms, message boards, and other
public forums (collectively "Public Areas"). The Sites may also offer
membership activities such as "loyalty clubs". These activities may
enable users to interact with other users, on-air talent and other
Station personnel, and share commentary on a variety of subjects.
Various subjects may be discussed via the Public Areas, however, use of
such areas may only be for lawful and non-commercial purposes. Nexstar
specifically prohibits certain uses and activities. You understand,
acknowledge, and agree that by access or registration on Public Areas
or any interactive area of the Sites, you are automatically subject to
the Privacy Policy and the rules on the User Conduct section of these Terms and Conditions.
- Advertising and other Third Party Content
The Sites provide banner and general advertising, and other content
provided by advertisers, sponsors, and promotional partners
(collectively the "Advertisers"). You understand, acknowledge, and
agree that such third party content on the Sites is not an endorsement
by Nexstar of the goods, services or messages conveyed in the content
of the business practices (including the privacy policies) of such
third party content providers. For our Privacy Policy on Links to Third
Party Websites, click here. Users may from time to time enter into
correspondence with or participation in the advertising or promotions
offered through the Sites. However, all such correspondence, including,
without limitations, and resulting contractual agreements are solely
between the Advertiser and the user. You further agree that Nexstar is
not responsible for upholding any applicable terms, conditions, and
representations of warranties made by Advertisers or other third
parties in connection with an agreement between users, or the purchase
of goods and services offered by Advertisers or other third parties.
- 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 Nexstar its
damages and attorneys' 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
Nexstar 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 Nexstar,
then Nexstar shall not be responsible to you for any failure or delay
in the performance of its obligations. Nexstar shall promptly notify
you of such force majeure condition. The terms of this clause shall not
exempt, but merely suspend, Nexstar from its duty to perform until as
soon as practicable after a force majeure condition ceases to exist.
- Headings
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 Nexstar.
- 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 Nexstar 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 Nexstar.
- Complete Understanding
These Terms and Conditions constitute the entire understanding between Nexstar and you with respect to the Sites.
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 Nexstar Broadcasting Group or if you have
any questions about our Terms and Conditions, please contact us by
e-mail at
corpwebmaster@nexstar.tv.
We would be happy to answer your questions or hear your concerns.
Last Updated: November, 2008
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