2016-04-22

The website flatlandkc.org (hereinafter, the “Site”) is owned and operated by Public Television 19, Inc. (“KCPT,” “we,” or “us”). The Site provides local news and events, audio-visual works, and other information and content related to the Kansas City metro area (the “Services”).

The Terms and Conditions of Use Agreement (“Terms of Use”) and the Privacy Policy constitute a binding agreement between you and KCPT. Please read carefully through all sections of the Terms of Use and the Privacy Policy. Your access to and use of the Site is subject to the Terms of Use, the Privacy Policy and all applicable laws. By accessing, or otherwise submitting your contact information to receive more information from us or make a financial contribution through the Site, you agree to be bound by the Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, then you may not use the Site and you should not submit your contact information to KCPT through the Site. The Terms of Use and Privacy Policy may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy.

Proprietary Rights

KCPT provides the Site solely for your personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of KCPT’s or its licensors’s intellectual property rights. You may not copy or post any content of the Site in any other public forum, including other websites, web services, or print publications without the written consent of KCPT. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use. KCPT or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Prohibited Activities

The following activities are expressly prohibited from the Site:

Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.

Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.

Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.

Framing or deep linking into the Site.

Accessing the Site by means of automated process, spiders, bots or similar device.

Federal and State Laws

When using the Site, on the Site, or when using any other media provided by KCPT, you must obey all applicable federal, state and local laws. The Site is operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.

Disclaimer of Warranties

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY LINKS TO A THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. KCPT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

KCPT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

By providing THE SERVICES on the site, KCPT does not in any way promise that the SERVICEs will remain available to you. KCPT is entitled to terminate all or part of any of the site at any time, in its sole discretion without notice to you.

Limitation of Liability

THE LIABILITY OF KCPT and its affiliates, employees, agents, representatives and third party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER’S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, amount of fees paid by you to KCPT FOR THE USE OF THE SITE during the twelve (12) months prior to THE DATE SUCH CLAIM ALLEGEDLY AROSE.

IN NO EVENT WILL KCPT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF KCPT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify KCPT and its affiliates, employees, agents, representatives and third party service providers and you agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site, or breach the terms of this Agreement.

Third-Party Links

This website may contain links to other third-party websites. Such third-party sites are maintained by persons or organizations over which KCPT exercises no control. KCPT expressly disclaims any responsibility for the content or results from your use of such third-party links.

Copyright Complaints

KCPT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KCPT’s copyright agent with the following information.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

Description of the copyrighted work that you claim has been infringed;

The location on the Site of the material that you claim is infringing;

Your address, telephone number and e-mail address;

A statement that your claim of infringement is based on a good faith belief; and

A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

KCPT’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Webmaster, KCPT, 125 East Thirty-First Street, Kansas City, Mo. 64108

Miscellaneous Provisions

Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.

Website Availability. Because public networks, such as the internet, occasionally experience disruptions, KCPT cannot guarantee the Site will be available 100% of the time. Although KCPT strives to provide the most reliable website reasonably possible, interruptions and delays in accessing the Site are unavoidable and KCPT disclaims any liability for damages resulting from such problems.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but KCPT does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the courts of Kansas City, Missouri.

Questions

If you have any questions about KCPT, the Site, our Service, the Privacy Policy, or the Terms of Use, you may contact us at:

KCPT

125 E 31st St

Kansas City, MO 64108

webmaster@kcpt.org

(816)756-3580

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