- GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the OK4Free.com Web site ("the Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and OK4Free.com, an Internet service of KFOR-TV, a Local TV, LLC company (hereinafter, collectively, “OK4Free.com).
1.2 OK4Free.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING E-MAIL TO: webmaster@ok4free.com (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 OK4Free.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. OK4Free.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. OK4Free may also suspend or terminate a particular user’s access to the Service and/or right to post to the service, in its sole discretion.
- OK4Free.com CONTENT AND MEMBER SUBMISSIONS
2.1 The contents of the OK4Free.com Internet service are intended for your personal, noncommercial use. All materials published on OK4Free.com (including, but not limited to news articles, illustrations, postings, messages, text, files, images, photos, video, sounds, or other materials, also known as the "Content") are protected by copyright, and owned or controlled or licensed by Local TV, LLC, KFOR-TV, OK4Free.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.2 For user and organizations posting content to OK4Free.com, all content posted on, transmitted through, or linked from the Service (hereinafter, “User Content”), are the sole responsibility of the person or organization from whom such Content originated. You acknowledge that OK4Free.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
2.3 The OK4Free.com site and Content available through the Service may contain links to other websites, which are completely independent of OK4Free.com. OK4Free.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
2.4 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from OK4Free.com or the copyright holder identified in the copyright notice contained in the Content.
2.5 Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that OK4Free.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that OK4Free.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OK4Free.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) 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 our service.
- ACCESS AND AVAILABILITY OF SERVICE AND LINKS
3.1 OK4Free.com contains links to other related World Wide Web Internet sites, resources, and sponsors of OK4Free.com. Since OK4Free.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
- REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Local TV, LLC and OK4Free.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. OK4Free.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 OK4Free.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by itself or by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
- REGISTRATION AND SECURITY
5.1 As part of the registration process, you will select a password and a log in (your email address). You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a member log in of another person with the intent to impersonate that person; (ii) use a member log in in which another person has rights without such person's authorization; or (iii) use a member log in that OK4Free.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
5.2 (a) You shall notify webmaster@ok4free.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5.3 You must be 13 years or older to subscribe to the Service or to post any information.
5.4 You are responsible for all usage or activity on your OK4Free.com account, including use of the account by any third party authorized by you to use your member log in and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account. OK4Free.com may, for any reason, terminate your account or your posting privileges or prohibit you from posting under a particular name, at OK4Free.com's sole discretion.
5.5 We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of OK4Free.com; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
- FEES AND PAYMENTS
6.1 OK4Free.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we have given you prior written notice of the new charges and an opportunity to cancel within thirty (30) days.. Thus, if at any time OK4Free.com requires a fee for portions of the Service that are now free (e.g., a subscription fee), OK4Free.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service.
- COMMUNICATIONS BETWEEN OK4FREE.COM AND MEMBERS
7.1 We respect your privacy. OK4Free.com has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.OK4Free.com/privacy.html. Your use of the OK4Free.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that OK4Free.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of OK4Free.com, its users or the general public.
7.2 OK4Free.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions or deletions to the Service.
7.3 OK4Free.com reserves the right to disclose information about you and you usage in strict accordance with our Privacy Policy.OK4Free.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be used in strict accordance with our Privacy Policy.
- TERMINATION
8.1 You may terminate your account at any time by sending e-mail to: webmaster@ok4free.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
8.2 OK4Free.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, or no reason, including, without limitation, breach or assignment of this Agreement.
- CONDUCT
9.1 You agree not to post, email, or otherwise make available Content:
9.1.1 that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
9.1.2 that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
9.1.3 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
9.1.4 that impersonates any person or entity, including, but not limited to, a OK4Free.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
9.1.5 that includes personal or identifying information about another person without that person's explicit written consent;
9.1.6 that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
9.1.7 that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
9.1.8 that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
9.1.9 that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the OK4Free.com sites which are not designated for such purposes; or (2) that is emailed to OK4Free.com users without their explicit written consent.
9.1.10 that includes links to commercial services or web sites, except as expressly allowed by OK$free.com in writing.;
9.1.11 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Oklahoma law;
9.1.12 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;
9.1.13 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
9.1.14 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
9.2 Additionally, you agree not to:
9.2.1 contact anyone who has asked not to be contacted;
9.2.2 "stalk" or otherwise harass anyone;
9.2.3 collect personal data about other users for commercial or unlawful purposes;
9.2.4 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by OK4Free.com;
9.2.5 post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
9.2.6 post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
9.2.7 attempt to gain unauthorized access to OK4Free.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the OK4Free.com website.
- NO SPAM POLICY
10.1 You understand and agree that sending unsolicited email advertisements to OK4Free.com email addresses or through OK4Free.com computer systems, is expressly prohibited by these Terms.
- LIMITATIONS ON SERVICE
11.1 you acknowledge that OK4Free.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You acknowledge that OK4Free.com may change these limits at any time in its sole discretion. You agree that OK4Free.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OK4Free.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OK4Free.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- ACCESS TO SERVICE
12.1 OK4Free.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except for your own Content), without the express written consent of OK4Free.com. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by OK4Free.com. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
12.2 OK4Free.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by OK4Free.com to do so. You may also create a hyperlink to the home page of OK4Free.com sites so long as the link does not portray OK4Free.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Notwithstanding the foregoing, you must remove any links if OK4Free.com requests that you do so at any time for any reason.
12.3 OK4Free.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. OK4Free.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'OK4Free.com' as the source, (d) your use or display does not suggest that OK4Free.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden OK4Free.com's systems. OK4Free.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
12.4 Use of the Service beyond the scope of authorized access granted to you by OK4Free.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from OK4Free.com.
- PROPERTY RIGHTS
13.1 The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OK4Free.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of OK4Free.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
13.2 Although OK4Free.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OK4Free.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant OK4Free.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
- DISCLAIMER OF WARRANTIES
14.1 YOU AGREE THAT USE OF THE OK4FREE.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE OK4FREE.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OK4FREE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OK4FREE.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OK4FREE.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OK4FREE.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OK4FREE.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OK4FREE.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OK4FREE.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- LIMITATIONS OF LIABILITY
15.1 UNDER NO CIRCUMSTANCES SHALL OK4FREE.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OK4FREE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE OK4FREE.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OK4FREE.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE OK4FREE.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE OK4FREE.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OK4FREE.COM SITE OR THE SERVICE OR ANY LINKS ON THE OK4FREE.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OK4FREE.COM SITE OR THE SERVICE OR ANY LINKS ON THE OK4FREE.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
- INDEMNITY
16.1 You agree to indemnify and hold OK4Free.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
- MISCELLANEOUS
17.1 The Terms constitute the entire agreement between you and OK4Free.com and govern your use of the Service, superseding any prior agreements between you and OK4Free.com. The Terms and the relationship between you and OK4Free.com shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and OK4Free.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oklahoma City, OK. The failure of OK4Free.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17.2 Notwithstanding any of the foregoing, nothing in this Member Agreement will serve to preempt the promises made in OK4Free.com Privacy Policy.
17.3 Correspondence should be sent to webmaster@ok4free.com
17.4 DMCA Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify OK4Free.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at webmaster@ok4free.com or:
Webmaster
KFOR-TV
444 E. Britton Road
Oklahoma City, OK 73114
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the OK4Free.com site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
OK4Free.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
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