Search
Click to search
RSS Feeds & Widgets Become a fan on Facebook Follow us on Twitter

Terms of Use/Site Disclaimer

This website is owned and operated by WHDH-TV and its parent, Sunbeam Television Corporation (collectively, "we," "our," "us," or "Sunbeam"). By using or accessing this website, you signify acknowledgment and assent to the terms and conditions of use ("Terms") set forth below. If you do not agree to these Terms, do not use this website. Accessing this website in any manner, whether automated or otherwise, constitutes use of the website and your agreement to be bound by these Terms. We may revise these Terms at any time by updating this posting, and your use afterwards signifies your acceptance of the changed Terms. Please check these Terms periodically for changes.

Intellectual Property Rights

Our Limited License to You

This website and all the materials available on the website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, images, information, graphics, underlying software, displayed on or available from this website, are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download onto a single computer and/or print one copy of the materials posted on this website for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

You may not copy, modify, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website unless expressly provided for in these Terms or with our express written permission. For information about requesting permission to reproduce or distribute materials from the website, contact webmaster@whdh.com. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms.

You may establish a hypertext link to this website so long as the link does not state or imply any sponsorship of your site by use or by this website. You may not frame or inline link any of the website content, or incorporate into another website or other service any of our material, content or intellectual property without our prior written permission.

Your License to Us

By posting or submitting any material (including, without limitation, photos and videos) to us via this website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, patent or other intellectual property law under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

Associated Press, MSNBC and Intellicast.com Materials

Some of the materials available on the website are provided by the Associated Press, MSNBC and Intellicast.com ("the Third Parties"). By using this website you agree and acknowledge that (i) Third Party text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium and (ii) no Third Party materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Third Parties will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of their materials, or for any damages arising from any of the foregoing.

Notice of Copyright Infringement

If you believe that any material contained in this website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure.

Sunbeam will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent at: dmca@whdh.com. To be effective, the notification must be in writing and contain the following information: (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted 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; (iii) 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; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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 (vi) 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 the owner of an exclusive right that is allegedly infringed.

Links to Other Websites

Links to other websites are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. We will not be liable for any damages or injury arising from your access to such sites or content. If you choose to leave this Sunbeam website via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites.

Before disclosing your personal information or using other websites, we recommend that you examine the privacy policies as well as the terms of use for those websites, as they will differ from this website.

Registration

To access certain features of the website, such as, for example, entering contests, obtaining RSS feeds, receiving text messages on your mobile phone or subscribing to e-newsletters, we may ask you to provide certain demographic information including your gender, year of birth and zip code. In addition, if you choose to sign up for a particular feature of the website, such as chat rooms, blogs or bulletin boards, you may also be asked to register with use and such registration may require you to provide personal information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the website. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). Our use of any personal information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Content You Post On the Site

This website provides opportunities to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, "blogging," or engaging in any form of communications in connection with this website) to public areas within or in connection with this website. You are solely responsible for all such content. Sunbeam accepts no responsibility whatsoever in connection with or arising from such content. We do not endorse or control the messages, information or files that you or others may provide through the website. It is, however, a condition of your use of this website that you do not:

  • Restrict or inhibit any other user from using and enjoying the website.
  • Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our website.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent of an authorized Sunbeam representative. Such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site.
  • Use the website to encourage others to commit illegal acts or cause injury or property damage to any person.
  • Gain unauthorized access to the website or any account, computer system or network connected to the website through hacking or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.
  • Use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the website to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the website to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.

We have no obligation to monitor any blogs, bulletin boards, chat rooms or other areas of the website through which users can supply content. We reserve, however, the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion we view as objectionable or in violation of these Terms. We also reserve the right to deny access to the website or any features of the website to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Limitation of Liability and Disclaimer

SUNBEAM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THIS SITE. LIKE ANY MATERIALS, THE INFORMATION PROVIDED ON THIS SITE MAY BECOME OUTDATED OVER TIME. SUNBEAM UNDERTAKES NO OBLIGATION TO CORRECT OR UPDATE ANY CONTENT OR INFORMATION ON THIS SITE. SUNBEAM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN CONTENT OR SERVICES ON THIS SITE AT ANY TIME WITHOUT NOTICE, AND RESERVES THE RIGHT TO ALTER OR DELETE CONTENT AND INFORMATION FROM THIS SITE AT ANY TIME. ALL SUNBEAM WEBSITE CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER SUNBEAM NOR ANY AFFILIATE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR YOUR USE OF OR RELIANCE ON CONTENT CONTAINED ON THIS SITE UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE. NEITHER SHALL SUNBEAM BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF CONTENT ON THIS WEBSITE, EVEN IF SUNBEAM IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SUNBEAM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM OR RELATED TO THIS WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

You must provide and are solely responsible for all hardware and/or software necessary to access the website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of that hardware and/or software.

Indemnification

You agree to defend, indemnify and hold harmless Sunbeam and its affiliates together with their respective employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this website; your failure to use this website; your breach or alleged breach of these Terms or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Applicable Laws

Although this website is accessible worldwide, content is intended only for residents of the United States. Nothing on this website should be interpreted as a promotion or solicitation for any product or service of any nature that is not authorized by the laws and regulations of the country where you are located. These Terms shall be governed by and construed in accordance with the laws of Florida without giving effect to any principles of conflicts of law. You and Sunbeam irrevocably consent to the exclusive jurisdiction of the courts located in Florida in connection with any action arising out of or related to these Terms or their subject matter. You and Sunbeam waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions.

Our Privacy Policy

We regard your privacy as important. For more detailed information on how we collect and process your personal information, please refer to our Privacy Policy at http://www1.whdh.com/privacypolicy.