Terms of Use
This Web site is an online information and communication service provided
by Cleveland Media Connect. Please read these Terms of Use carefully before
using this site. By using this site, you signify your agreement with these
Terms of Use. If you do not agree with any of the below Terms of Use,
do not use this site. Cleveland Media Connect reserves the right, in its
sole discretion, to modify, alter or otherwise update these Terms of Use
at any time. Such modifications shall be effective immediately upon posting
of the modified Terms of Use. By using this service after we have posted
notice of such modifications, alterations or updates, you agree to be
bound by the revised terms. Cleveland Media Connect retains the right
to deny access to anyone at its complete discretion for any reason including
for violation of any of these Terms of Use. This Web site provides links
to many other Web sites affiliated with Cleveland Media Connect that may
have Terms of Use Policies different from, or in addition to, the Terms
of Use specified herein, particularly in the case of Web sites hosting
third-party content or that allow postings by third-parties. By accessing
such Web sites through links provided on this Web site, you agree to abide
by each applicable Terms of Use policy as therein specified.
Trademarks, Copyrights and Restrictions
This site is controlled and operated by Cleveland Media Connect at 1406
West 6th Street, Suite 400, Cleveland, Ohio, 44113. The phone number is
(216) 377-1640. All material on this site, including, but not limited
to images, illustrations, audio clips, and video clips, is protected by
copyrights, trademarks, and other intellectual property rights which are
owned and controlled by Cleveland Media Connect, its related companies
or by other parties that have licensed their material to Cleveland Media
Connect. Material on any Web site owned, operated, licensed or controlled
by Cleveland Media Connect is solely for your personal, non-commercial
use. Such material may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted, or distributed in any way, including by
e-mail or other electronic means, without the express prior written consent
of Cleveland Media Connect. Use of the materials on any other Web site
or networked computer environment, or use of the materials for any purpose
other than personal, non-commercial use is a violation of Cleveland Media
Connect's copyrights, trademarks and other proprietary rights, and is
prohibited.
Links
This site may contain links to other Web sites ("Linked Sites").
The Linked Sites are for your convenience only, and you access them at
your own risk. Cleveland Media Connect is not responsible for, and does
not endorse, the content of any Linked Sites whether or not Cleveland
Media Connect is affiliated with the sponsors of a site. Visitors to any
linked site are urged and expected to abide by the Terms of Use and Privacy
Policies of that particular linked site.
Cleveland Media Connect welcomes links to this site. You may establish
a hypertext link to this site, provided that the link does not state or
imply any sponsorship or endorsement of your site by Cleveland Media Connect.
You may not use on your site any trademarks, service marks or copyrighted
materials appearing on the Cleveland Media Connect site, including but
not limited to any logos or characters, without the express written consent
of the owner of the mark or right. You may not frame or otherwise incorporate
into another Web site any of the content or other materials on the Cleveland
Media Connect site without prior written consent of Cleveland Media Connect.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE MATERIALS ON CLEVELAND MEDIA CONNECT'S WEB SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
CLEVELAND MEDIA CONNECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER CLEVELAND MEDIA CONNECT,
NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE
CREATION, PRODUCTION, AND DISTRIBUTION OF CLEVELAND MEDIA CONNECT'S WEB
SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CLEVELAND MEDIA
CONNECT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON CLEVELAND MEDIA
CONNECT'S WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES.
CLEVELAND MEDIA CONNECT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN CLEVELAND MEDIA
CONNECT'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THE CLEVELAND MEDIA CONNECT SITE IS AT
YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER CLEVELAND MEDIA CONNECT,
NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF CLEVELAND MEDIA CONNECT'S WEB SITE ARE RESPONSIBLE
OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY
OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING
FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER CLEVELAND MEDIA CONNECT
WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, CLEVELAND MEDIA CONNECT AND RELATED PERSONS AND ENTITIES SHALL
NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND
NOT CLEVELAND MEDIA CONNECT) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY
FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM
YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT CLEVELAND MEDIA CONNECT IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
Indemnification
You agree to indemnify, defend and hold harmless, Cleveland Media Connect,
its subsidiaries and other affiliated companies, its officers, directors,
employees, agents, licensors, suppliers and any third-party information
providers to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these Terms of Use. Cleveland Media Connect reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with Cleveland Media Connect in asserting any available defenses.
Jurisdictional Issues
Unless otherwise specified, the materials in the Cleveland Media Connect
Web site are presented solely for the purpose of informing and promoting
programs and other products available in the United States, its territories,
possessions, and protectorates. This site is controlled and operated by
Cleveland Media Connect from its offices within the State of Ohio, United
States of America. Cleveland Media Connect makes no representation that
materials in Cleveland Media Connect's Web site are appropriate or available
for use in other locations. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with their local laws, if and to the extent local laws may
be applicable. This agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Ohio, as it is applied to
agreements entered into and to be performed entirely within such State.
Any action you, any third party or Cleveland Media Connect bring to enforce
this agreement or, in connection with, any matters related to this site
shall be brought only in either the state or Federal Courts located in
New York County, New York, and you expressly consent to the jurisdiction
of said courts. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this agreement, and shall not affect the validity and enforceability
of any remaining provisions. This represents the entire agreement between
the parties relating to the matters contained herein and shall not be
modified except in writing, signed by Cleveland Media Connect.
Privacy
Cleveland Media Connect is very respectful about the privacy concerns
of the visitors to its sites on the Internet. As a general policy, no
personal information is automatically collected from visitors to this
site. However, certain non-personal information of visitors is recorded
by the standard operation of Cleveland Media Connect's Internet servers.
This information is primarily used to provide an enhanced online experience
for the visitor. Information tracked includes the type of browser being
used by the visitor (e.g., Netscape, Internet Explorer), the type of operating
system (e.g., Macintosh, Windows) in use by the visitor and the domain
name of the visitor's Internet service provider (e.g., America Online,
Earthlink). By having this information, Web pages optimized for a particular
visitor's computer are automatically made available to that visitor. Other
use of this information may include internal review of the number of visitors
to this site but only in an aggregate and non-personally-identifiable
form. E-mail addresses and other personally identifiable data about visitors
to this site are known to Cleveland Media Connect only when voluntarily
submitted by the users Cleveland Media Connect will only use personally
identifiable data provided at this site for the purposes described at
the time it is collected (for example, the e-mail addresses visitors provide
in order to receive e-mail alerts will only be used for the purpose of
sending these e-mail alerts). Cleveland Media Connect sites, as well as
any other third party sites linked to from this Web site, may each have
different privacy policies and practices. You should carefully review
these other Web sites' privacy policies in order to determine how each
site may use any personal information you provide.
Copyright 2002 Cleveland Media Connect