The Services are provided by Quincy Media, Inc., its subsidiaries and this Station (collectively, “QMI”). QMI offers the Services via our relationship with Frankly Media LLC ("Frankly").
Frankly and QMI have the right, at their sole discretion, to enhance, change or discontinue all or part of the Services at any time, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on or through the Services, or by electronic mail, or by conventional mail. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
These Terms may also change from time to time. Please periodically review and become familiar with these Terms. Your continued use of the Services after the posting of changes to these Terms signifies your acceptance of these changes. Frankly or QMI may immediately terminate any individual's use of the Services and/or such user's password(s) or account(s) in the event user violates these Terms or engages in conduct that Frankly or QMI, in their sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
Although the Services are freely accessible, by providing such access Frankly and this QMI do not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on or in the Services. Unless otherwise noted, Frankly or QMI owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Services. The material on and in the Services is provided for your private, non-commercial use only.
No children under 13
The Services are not directed at or intended for use by children under 13 years old. You are required to provide a date of birth to register for this Website. You are not permitted to register or to use the Services if you are under 13.
Users Outside the United States
The Services are not targeted at users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection, use and transfer that may differ from U.S. law, your personal information submitted through the Services transferred to the U.S. may not have the same legal data protection as in your jurisdiction.
Registration; Use of Secure Area; Password
In general, you may access and use the Services for free in keeping with these Terms. However, to access and use certain features of the Services, you must register and create a membership account. You are responsible for maintaining security and control over your user name and password that you create to use the Services. We are not responsible for any losses arising out of the unauthorized use of your account or the Services. If you believe that the security of your user name and/or password has been compromised, you agree to immediately change your user name and/or password to eliminate this security risk. You will notify QMI of any known or suspected unauthorized use of, or disclosure related to, your account.
Consent to Receive Communications
If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.
Code of Conduct – Prohibited Acts
You agree not to engage in any of the following conduct while using the Services. Such conduct violates these Terms and may result in termination of your access to or use of the Services:
Your Submissions – User Content
Subject to these Terms, you may submit video, text, images, data, or other materials ("User Content") to the Services. In so doing, you acknowledge and agree that you grant to Frankly and QMI a royalty-free, perpetual, irrevocable, non-exclusive, transferable, worldwide right and license to:
Removal of User Content
Frankly and qmi are under no obligation to post or use any User Content, and we may remove User Content of which we become aware at any time for any reason in our sole discretion.
Contests, Sweepstakes and Promotions
You acknowledge that if and when QMI or Frankly sponsors contests, sweepstakes, or promotions (each a "Special Program"), or third parties sponsor a Special Program in conjunction with QMI or Frankly, either QMI, Frankly, or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with these Terms, will govern that particular Special Program.
Reporting Copyright Infringement and Repeat Infringer Policy
If you are a copyright owner or agent and believe any content or other information appearing on or in the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest 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 the 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, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed 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 that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Frankly's designated agent to receive notifications of claimed infringements by or related to Frankly: Copyright Agent, c/o Frankly Media LLC, 27-01 Queens Plaza North, Long Island City, New York 11101., Telephone number: 212-931-1200; email address:Copyright@franklymedia.com.
QMI’s designated agent to receive notifications of claimed infringements by or related to QMI: Director of Digital Content & Technology, Quincy Media, Inc., 5727 Tokay Blvd., Madison, WI 53719; Phone: 608-661-2757; Email: email@example.com.
Frankly and QMI reserve the right to terminate a user’s access to the Services if we determine, in our sole discretion, that the user is a repeat infringer. For purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Content (as defined below) removed from the Services more than once.
The "Frankly" logo is a trademark and service mark of Frankly. Quincy Media, Inc., any QMI station call signs, any QMI newspaper names and branding (including Herald-Whig, LocalQ and New Jersey Herald) and Quincify are trademarks and service marks of QMI. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.
Where AP Content is Used
Some of the content published by us is used under license from the Associated Press. For that content, the terms listed here apply: http://www.ap.org/terms-and-conditions/.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FRANKLY, QMI AND EACH OF THEIR directors, officers, shareholders, employees, representatives, successors, agents, partners, clients, sponsors and contractors, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PROVISIONS RELATING TO USER CONTENT AND THE CODE OF CONDUCT ABOVE, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR SITE-RELATED SERVICES.
Frankly and QMI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Warranty Information; Limitation of Liability
THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT OR INFORMATION CONTAINED WITHIN THIS WEB SITE OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FRANKLY OR QMI. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SITE-RELATED SERVICES.
NEITHER FRANKLY, QMI, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT FRANKLY AND QMI ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THOSE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION.
Errors and Omissions
Although Frankly and QMI attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties. Frankly and QMI make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Frankly at Info@franklymedia.com firstname.lastname@example.org so that it can be corrected.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member, or other user not under the control of Frankly or QMI. Frankly and QMI do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on or in the Services by anyone other than authorized Frankly or QMI employees. Under no circumstances will Frankly or QMI be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
Links to Other Web Sites and Services
Availability of Products or Services; Void Where Prohibited
Not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. Frankly and QMI reserve the right to limit the availability of the Services and/or the provision of any product or service on any personal, geographic or jurisdictional basis, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Services is void where prohibited.
If you fail, or if QMI or Frankly suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to or account for the Services. If your access or account has been terminated, QMI or Frankly may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your user name and account/membership. You may terminate this agreement at any time by simply discontinuing access to and use of the Services.
These Terms are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to these Terms hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that neither you nor Frankly, nor qmi will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if frankly or qmi is a party to such a proceeding.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees.
In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
No Obligation to Participate in Disputes Between Users
If there is a dispute between users of the Services, or between a user and any third party, you understand and agree that Frankly and QMI are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Frankly and QMI and each of their officers, employees, shareholders, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
Entire Agreement; No Waiver; Headings
These Terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
No Third Party Rights; Assignment
Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Frankly and/or QMI without restriction.
Frankly Restricted Rights Legend
Use, duplication or disclosure by the Government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable. Supplier is Frankly Media LLC, 27-01 Queens Plaza North, Long Island City, New York 11101.
Updated September 29, 2017