A. Your Acceptance
By visiting or using a website or application owned or controlled by Local Broadcast Network, including our affiliated companies (collectively, “Local Broadcast Network” or “we” or “our” or “us”), or any of our products, software, data feeds, video player, and services provided to you by Local Broadcast Network (collectively the “Service”), you signify your agreement to: (I) these terms and conditions (the “Terms of Service”); and (II) our privacy policy (the “Privacy Policy”), and incorporated herein by reference. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
B. Service
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service. Certain products, services, features, functionality, and content made available by us on the Service are delivered by third parties. By accessing or using any product, service, feature, functionality, or content originating from the Service, you hereby acknowledge and consent that we may share information and data with third parties with whom we have a contractual relationship to provide the requested product, service, feature, functionality, or content for our users. The Service may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieve Local Broadcast Network from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
C. Accounts and Third-Party Accounts
In order to access some features of the Service, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Local Broadcast Network or others due to such unauthorized use. You may be able to connect your account on our Service to your third-party accounts on other services (e.g., Facebook or Twitter). By connecting your account to your third-party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
D. General Use of the Service – Permissions and Restrictions
Local Broadcast Network grants you permission to access and use the Service in accordance with these Terms of Service, provided that: Distribution Restrictions: You agree not to distribute any part of the Service or the Content through any medium without prior written authorization from Local Broadcast Network. However, this restriction does not apply if we provide functionality through the Service, such as an authorized embeddable video player ("Embeddable Player"), or other designated means for distribution. Modification Prohibition: You agree not to alter or modify any aspect of the Service. Content Access: You agree to access Content only through the Service itself, an Embeddable Player, or other expressly authorized means designated by Local Broadcast Network. Commercial Use Approval: You agree not to use the Service for any commercial purposes unless you have obtained prior written approval from Local Broadcast Network. Prohibited commercial uses include: Selling access to the Service. Selling advertising, sponsorships, or promotions on or within the Service or Content. Selling advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless the page includes other content not obtained from us that justifies such sales. Prohibited commercial uses do not include: Uploading original videos to the Service to promote your business or artistic enterprise. Displaying our videos through an Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions outlined herein. Any use that we expressly authorize in writing. Embeddable Player Usage: If you use an Embeddable Player on your website, you may not modify, build upon, or block any part or functionality of the Embeddable Player, including links back to the Service. Automated System Use: You agree not to use or launch any automated system (e.g., "robots," "spiders," or "offline readers") to access the Service in a manner that exceeds normal human usage, as determined by Local Broadcast Network. Public search engines may use spiders to copy materials from the website for creating publicly available searchable indices, but not caches or archives. Local Broadcast Network reserves the right to revoke these exceptions. No Personal Information Collection: You agree not to collect or harvest any personally identifiable information, including account names, from the Service. Additionally, you may not use the Service's communication systems (e.g., comments, email) for commercial solicitation purposes. Compliance with Laws: In your use of the Service, you will comply with all applicable laws. Service Discontinuation: Local Broadcast Network reserves the right to discontinue any aspect of the Service at any time.
E. Your Use of Content
In addition to the general restrictions mentioned above, specific restrictions and conditions apply to your use of Content on the Local Broadcast Network platform. Ownership and Intellectual Property: The Content featured on the Local Broadcast Network platform, including trademarks, service marks, and logos ("Marks"), is owned by or licensed to Local Broadcast Network, subject to copyright and other intellectual property laws. Content Usage: Content is provided to you "AS IS." You may access Content for your personal information and use, solely as intended through the provided functionality of the Local Broadcast Network platform and in compliance with these Terms of Service. You are not permitted to download any Content unless a "download" or similar link is displayed on the Local Broadcast Network platform for that specific Content. You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit any Content for purposes other than those expressly authorized in writing by Local Broadcast Network or the respective licensors of the Content. Local Broadcast Network and its licensors reserve all rights not explicitly granted in relation to the Service and its Content. Security Features: You agree not to circumvent, disable, or interfere with security-related features of the Local Broadcast Network platform or features that prevent or restrict the use, copying, or limitations on the use of the Service or its Content. Exposure to Various Content: You understand that when using the Local Broadcast Network platform, you will encounter Content from different sources. Local Broadcast Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Content. You agree to waive any legal rights or remedies you may have against Local Broadcast Network concerning such Content and indemnify and hold harmless Local Broadcast Network, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding your use of the Service. Your Content and Conduct As an account holder on the Local Broadcast Network platform, you may have the ability to submit Content, including videos and user comments. It's important to note: Confidentiality: Local Broadcast Network does not guarantee any confidentiality with respect to Content you submit. Responsibility for Your Content: You are solely responsible for your Content and the consequences of submitting and publishing it on the Local Broadcast Network platform. By submitting Content, you affirm that you own or possess the necessary licenses, rights, consents, and permissions to publish such Content. You grant Local Broadcast Network a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform your Content in connection with the Service and Local Broadcast Network's business, including promotional and redistributive purposes. Additionally, you grant each Local Broadcast Network user a non-exclusive license to access and use your Content as permitted through the platform's functionality and under these Terms of Service. This license terminates within a commercially reasonable time after you remove or delete your videos from the platform. Server copies of removed or deleted videos may be retained but not displayed, distributed, or performed. User comments submitted to the Service are subject to perpetual and irrevocable licenses. Copyright and Legal Compliance: You agree that the Content you submit will not include third-party copyrighted material or material subject to other third-party proprietary rights unless you have proper permission from the rightful owner. You also agree not to submit any Content that violates these Terms of Service or any applicable local, national, or international laws and regulations. Content Endorsement and Copyright Infringement: Local Broadcast Network does not endorse any Content submitted by users or licensors, including opinions, recommendations, or advice expressed therein. Local Broadcast Network expressly disclaims liability related to Content. Local Broadcast Network does not permit copyright infringement or infringement of intellectual property rights on the platform and will promptly remove Content upon proper notification of such infringements.
F. Use of Communication Services
a. Communication Services: The Local Broadcast Network platform may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication services (collectively, "Communication Services"). You agree to use these Communication Services exclusively for posting, sending, and receiving messages and material that are appropriate and relevant to the specific Communication Service. b. Acceptable Use: When using a Communication Service on the Local Broadcast Network platform, you agree not to: Defame, abuse, harass, stalk, threaten, or infringe upon the legal rights, such as privacy and publicity rights, of others. Publish, post, upload, distribute, or disseminate inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content, topics, names, materials, or information. Upload files containing software or other materials protected by intellectual property laws or rights of privacy or publicity unless you have the necessary rights or consents. Upload files containing viruses, corrupted files, or any other software or programs that could harm the operation of another person's computer. Advertise or engage in commercial activities unless expressly allowed by the specific Communication Service. Conduct surveys, contests, pyramid schemes, or chain letters. Download files posted by other users that you know or reasonably should know cannot be legally distributed. Falsify or delete author attributions, legal notices, or other proper designations of the origin or source of uploaded content. Restrict or inhibit another user from using and enjoying the Communication Services. Violate any applicable code of conduct or guidelines for a particular Communication Service. Harvest or collect information about others, including email addresses, without their consent. Violate any applicable laws or regulations. c. Monitoring and Removal: While we are not obligated to monitor Communication Services, we retain the right to review materials posted to them and remove any materials at our sole discretion. We may terminate your access to any or all Communication Services without prior notice for any reason. d. Disclosure and Editing: We reserve the right to disclose information as required by applicable laws, regulations, legal processes, or government requests. Additionally, we may edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. e. Privacy Caution: Exercise caution when sharing personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages, or information in Communication Services and disclaim liability for any actions resulting from your participation. Managers and hosts are not authorized Local Broadcast Network spokespersons, and their views do not necessarily reflect those of Local Broadcast Network. f. Limitations on Uploaded Materials: Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations when uploading materials.
G. Account Termination Policy
We will terminate a user’s access to the Local Broadcast Network platform if, under appropriate circumstances, the user is determined to be a repeat violator of these Terms of Service. We reserve the right to make decisions regarding Content violations of these Terms of Service for reasons other than copyright infringement, including but not limited to cases involving pornography, obscenity, or excessive length. We may, at our discretion and without prior notice, remove such Content and/or terminate a user’s account if they submit material in violation of these Terms of Service.
H. Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement is: contact@localbroadcastnetwork.com Local Broadcast Network 127 N Walnut St, Dover, OH 44622 copyright@localbroadcastnetwork.com For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Local Broadcast Network customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
I. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. To the fullest extent permitted by law, Local Broadcast Network, its officers, directors, employees, and agents disclaim all warranties, whether express or implied, in connection with the Services and your use thereof. Local Broadcast Network makes no warranties or representations regarding the accuracy or completeness of this website's content or the content of any websites linked to this website. Local Broadcast Network assumes no liability or responsibility for: Errors, mistakes, or inaccuracies of content. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services. Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein. Any interruption or cessation of transmission to or from our Services. Any bugs, viruses, Trojan horses, or similar elements that may be transmitted to or through our Services by any third party. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Local Broadcast Network DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. Local Broadcast Network will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
J. Limitation of Liability
IN NO EVENT SHALL Local Broadcast Network, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LOCAL BROADCAST NETWORK SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL Local Broadcast Network TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE. The Service is controlled and offered by Local Broadcast Network from its facilities in the United States of America. Local Broadcast Network makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
K. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Local Broadcast Network, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Service; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
L. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what websites are appropriate for you.
M. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Local Broadcast Network without restriction.
N. General
You agree that: (I) the Service shall be deemed solely based in California; and (II) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Local Broadcast Network, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Local Broadcast Network that arises in whole or in part, directly or indirectly, from these Terms of Service or the Privacy Policy or your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules applicable to contracts to be performed entirely within the State of California, Los Angeles County. For all such matters, each party irrevocably submits to the exclusive jurisdiction of JAMS Arbitration in the County of Los Angeles, State of California and waives any jurisdictional, venue, or inconvenient forum objections to such arbitration. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Local Broadcast Network concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Local Broadcast Network’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Local Broadcast Network AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
O. Notice for California Users.
Under California Civil Code Section 1789.3, California users of the services provided by Local Broadcast Network are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
P. Contact Information.
If you have any questions regarding these Terms of Service, you may email us at contact@LocalBroadcastNetwork.com or contact us by mail addressed to:
Local Broadcast Network
127 N Walnut St, Dover, Ohio 44622
Effective Date of these Terms of Service These Terms of Service are effective as of June 1st,2023, and last updated September 1st, 2023.