3. Your Use of the Site, App, Service, Content – Permissions and Restrictions
The Service, the Site or App and all data and information and/or content that you see, hear or otherwise experience on the Site or App (the “Content”) belongs to us, our partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by the Associated Press and other third parties is used on the Site or App with the permission of the Associated Press or such third parties.
a. Restrictions on Use
1. You shall not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
2. You shall not download, distribute, republish, retransmit, reproduce or otherwise use in any medium any part of the Content without WDIV’s prior written authorization, unless WDIV makes available the means for such distribution through an embeddable video player or other functionality offered by the Site, App or Service.
3. You shall not access Content through any technology or means other than the explicitly authorized means WDIV may designate.
4. You agree not to use the Content for any of the following commercial uses unless you obtain WDIV’s prior written approval:
- the sale of access to the Service or Content;
- the sale of advertising, sponsorships, or promotions placed on or within the Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled web site, mobile site or app containing Content delivered via the Site or App, unless other material not obtained from WDIV appears on the same page and is of sufficient value to be the basis for such sales.
5. If you use the embeddable video player on your web site, mobile site or app, you may not modify, build upon, or block any portion or functionality of the embeddable video player, including but not limited to links back to the WDIV Site or App.
6. In your use of the Site or App, Service and Content, you will comply with all applicable laws.
No right, title or interest in any Content is transferred to you as a result of any copying, downloading or embedding of such Content. We reserve complete title and full intellectual property rights in any Content you copy, download or embed from this Site or App.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site, App or Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, App or Service or the Content therein.
b. 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. The AP Terms and Conditions web page can be viewed here.
c. Specific Restrictions on Use of Getty Images Material
Getty Images Material shall not be downloaded, republished, retransmitted, reproduced or otherwise used.
4. Disclaimer of Warranties YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE OR APP AND THE SERVICE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, APP OR THE SERVICE. WE EXPRESSLY DISCLAIM 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 SITE OR APP, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR APP, THE SERVICE 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 SITE, APP OR THE SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE, APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, APP OR THE SERVICE WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE SITE, APP OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE SITE OR APP, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
a. Specific Disclaimer For Downloading of Files We cannot and do not guarantee or warrant that files available for downloading through the Site or App 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 Site, App or the Service, the accuracy of any information or content provided through the Site, App or the Service, or quality of any file used in conjunction with the Site, App or the Service is solely and exclusively with you the user.
b. Specific Disclaimer for International Use We make no representation that information or content provided on the Site or App is applicable or appropriate for use in locations outside the United States. Portions or versions of the Site or App that have been translated into any language other than English are provided for the convenience of the user only. We make no representation or warranty that the translations are complete and accurate and we, by providing some content in a language other than English, undertake no obligation to provide translations of all or any portion of the Site or App in any language except as determined by us. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content and online conduct.
a. 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 SITE OR APP, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN,
b. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR APP, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE SITE OR APP,
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, APP OR THE SERVICE, OR
e. ANY OTHER MATTER RELATING TO THE SITE, APP OR THE SERVICE, EVEN IF WE HAVE 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, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. Indemnification You understand and agree that you are personally responsible for your behavior on the Site or App and for your use of the Content. You agree to indemnify, defend and hold harmless us, our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service 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 Site, App or the Service or your use of the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Site, App or Service through your user account.
8. User Conduct
On some parts of the Site or App, you can post messages or express your comments on a given topic to which others can respond. You agree not to upload, distribute, post or otherwise publish through the Site, App or the Service:
a. any information, data, text, software, photographs, graphics, messages, comments, videos or other material (“Material”) that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
b. any libelous, defamatory, obscene, threatening, sexually explicit, pornographic, abusive, or otherwise illegal Material;
c. any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
d. 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;
e. any Material that harms minors in any way;
f. any Material that violates a person’s right to privacy;
g. any Material that contains or advocates illegal or violent acts;
h. any Material that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification;
i. any Material that is predatory, hateful, or intended to intimidate or harass;
j. any Material that contains advertising or solicitation of any kind;
k. any Material that misrepresents your identity or affiliation; and/or
l. any Material that impersonates others.
You agree that any Material you submit shall be submitted in the English language only.
You certify that you are at least 16 years of age. If you are under the age of 18 but at least 16 years of age, you may submit Material only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual at least 16 years of age but not 18 years of age, please be advised that you are fully responsible for his or her submission and any legal liability that he or she may incur.
You certify that you have the permission of others who have contributed to or are featured in any Material you submit. If there are any individuals under the age of 18 in any photos; video; or other content that you submit, you must obtain the permission of each such individual’s parent or legal guardian prior to submitting the Material.
If you post anything on the Site or App, you guarantee to us that you have the legal right to post your material and that it will not violate any law or the rights of any person or entity. By posting Material on the Site or App, you give us the royalty-free, irrevocable, perpetual, fully transferable and worldwide right to use, assign, sublicense, distribute, display, republish, commercially exploit and create derivative works from this Material, in any and all media, in any manner, in whole or in part, without any restriction, responsibilities or compensation to you. We own all rights, title and interest in any compilation, collective work or other derivative work created by us that incorporates your Material. You also acknowledge and agree that you are solely responsible for the content of any of your messages. 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 Service, Site or App may be edited, removed, modified, published, transmitted, and/or displayed by us, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your Material.
9. General Provisions
a. Entire Agreement
b. Correction of Errors and Inaccuracies
The information in the Site or App 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.
c. No Endorsements of Links
Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that we are not responsible for the availability of any such Web sites and that we do not endorse or warrant, and are 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 we 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.
e. Claims of Copyright InfringementIn the event that you claim to be the copyright owner of any Content, you agree to immediately notify us of any claimed copyright infringement. You further agree to provide our 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. § 512: i. 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; ii. 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; 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 you, the complaining party, or the person authorized to act on your behalf; v. 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 vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. Our Copyright Agent, for notice of claims of copyright infringement on or relating to this Site, can be reached either by:
1. sending an e-mail request to: firstname.lastname@example.org; or
2. sending a letter via the U.S. Mails to:
Attn: News Director
550 W. Lafayette Blvd
Detroit, Michigan 48226
g. General Contact Information
Attn: News Director
550 W. Lafayette Blvd
Detroit, Michigan 48226
Effective: July 8, 2020