Privacy
Your privacy matters to us.
Please read our privacy policy below.
Nexstar Inc., together with its Affiliates (collectively, “Company”, “we”, “us”, or “our”), offers websites (the “Sites”) and mobile, desktop, and connected TV applications (the “Applications”, and, together with the Sites, the “Properties”), including without limitation all content, materials, information, software, products and services available on the Properties, to you, the user, conditioned upon your acceptance of these Terms of Use. For purposes of these Terms of Use, “Affiliates” means any entity that we control, are controlled by, or are under common control with.
Please read these Terms of Use carefully. By visiting or using the Site or the Applications, you agree to be bound by these Terms of Use and to use the Properties in accordance with these Terms of Use, our Privacy Policy, which is incorporated herein by reference, and any additional terms and conditions that may apply to specific sections of the Properties or to products and services available through the Properties. If you do not agree with these Terms of Use, you must immediately discontinue your use of the Properties. We reserve the right to change or discontinue at any time any aspect or feature of the Properties without notice to you. Additionally, we reserve the right to change these Terms of Use or to impose new conditions on use of the Properties from time to time, in which case we will post the revised Terms of Use on the Properties. Any modifications are effective immediately upon posting. By continuing to use the Properties after we post any such changes, you accept the modified Terms of Use.
PERSONAL AND NONCOMMERCIAL USE
The Properties are for your personal and noncommercial use only, unless otherwise permitted by us.
The Properties are
not designed for or marketed to children under age thirteen. As a condition of your continued use of
the Properties, you
warrant to us that you will not use the Properties for any purpose that is prohibited by these Terms
of Use or by
applicable international, federal, state, or local laws, and that you are at least thirteen years of
age.
PROHIBITED CONDUCT/ACTIVITY
It is a condition of your use of the Properties that you do not:
Restrict or inhibit any other user from using and enjoying the Properties.
Interfere with or disrupt any servers or networks used to provide the Properties or their features,
or disobey any
requirements, procedures, policies or regulations of the networks we use to provide the Properties.
Use any robot, spider, spyware, or any other device, method, or processes on the Properties, for any
purpose.
Gain unauthorized access to the Properties, or any account, computer system, or network connected to
the Properties, by
hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made
available through the
Properties.
Use the Properties to post or transmit any information, software or other material that contains a
virus, worm, time
bomb, or other harmful component.
Use the Properties to post, transmit or in any way exploit any information, software or other
material for commercial
purposes.
Gather, for marketing purposes, any email addresses or other personal information that has been
posted by other users of
the Properties without prior, written consent from us or the data subject.
Use the Properties to engage in or conduct any high risk activities where damage or injury to
persons, property,
environment, finances or business may result if an error occurs.
ACCOUNT SECURITY
To access certain components of our Properties, you may be asked to complete an online registration
form. Any
information provided during the registration process must be complete, current and accurate. If
security information, a
user name, or a password is created or provided to enable access to the Properties pursuant to your
registration, you
must treat such information as confidential and not disclose it to any other person or entity. You
understand and agree
that any information you provide through the Properties will be governed by our Privacy Policy. We
reserve the right to
disable and/or suspend your account for any reason or no reason, in our sole discretion.
THIRD PARTY WEBSITES
The Properties may contain hyperlinks to websites offered by third parties. Such hyperlinks are
provided for your
convenience only. We are not responsible for the content of any such website and our inclusion of
hyperlinks to such
websites does not imply any endorsement or sponsorship by us of the material on such websites or any
association with
their operators.
LINKING
Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to
the content on the
Properties, provided that the hyperlink accurately describes the content as it appears on the
Properties. We reserve the
right to revoke this license generally, or your right to use specific links, at any time. Under no
circumstances may you
“frame” the Properties or any of their content or copy portions of the Properties to a server,
except as part of an
Internet service provider’s incidental caching of pages. Each page within the Properties must be
displayed in full
(including all trademarks, branding, advertising and promotional materials), without any
accompanying frame, border,
margin, design, branding, trademark, advertising or promotional materials not originally displayed
on the page within
the Properties.
INTELLECTUAL PROPERTY
The Properties and all the materials available on the Properties are the property of us or our
licensors, and are
protected by copyright, trademark, and other intellectual property laws. You may not use the
Properties or the materials
available on the Properties in a manner that infringes the owner’s rights or that has not been
authorized by the owner.
Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute,
transmit, display, perform,
reproduce, publish, license, modify, rewrite, create derivative works from, transmit, transfer,
sell, exploit, or
distribute in any manner or medium (including by email or other electronic means) any material
contained on the
Properties without the prior consent of the owner. None of the material contained on the Properties
may be
reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated
into any language or
computer language, retransmitted in any form or by any means (electronic, mechanical, photo
reproduction, recordation or
otherwise), resold or redistributed without our prior written consent.
Your use of any software available on or through on the Properties is governed by the end user license agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such end user license agreement. For any software not accompanied by an end user license agreement, we hereby grant to you a limited personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by us in accordance with these Terms of Use, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms of Use.
You may make single copies of materials displayed on the Properties for your personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Properties. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us or from the owner of the copied material. Requests to reproduce materials on the Properties for distribution or other purposes should be sent to us at the address provided below. You may also embed any videos that we make available on our Properties, provided, however, that you acknowledge and agree that we may remove any such videos at any time, in our sole discretion and without notice to or consent from you, which will render such videos unusable.
COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes that any material on the Properties infringe your
copyright, you may seek to
have the material removed by sending us a notice that includes: (a) your full name, address and
telephone number; (b)
your e-mail address; (c) identification of the copyrighted work(s) that you believe to be infringed;
(d) identification
of the infringing material and information sufficient for us to locate the material; (e) a statement
of your good faith
belief that the material infringes your copyright and the use is not authorized by the copyright
owner, its agent or the
law; (f) a statement, under penalty of perjury, that the information provided in the notice is
accurate, and that you
are the copyright owner or you are authorized to act for the copyright owner; and (g) your physical
or electronic
signature.
Company’s Copyright Agent to receive notices
of claimed infringement can be reached at:
General Counsel, Copyright Agent
Address: 545 E. John Carpenter Freeway, Suite 700, Irving,
Texas
75062
Email: copyright@nexstar.tv
Phone: (972) 373-8800
Upon receipt of a notice complying with all of the above requirements, we will act to remove
infringing materials and,
if applicable, send notice to the user that posted such materials on the Properties. We may
terminate Site and/or
Application privileges for repeat infringers.
If you believe that material you posted on the Properties is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to use the content and post such content on the Properties, you may file a counter-notification (“Counter-Notice”) with us by submitting written notification to our copyright agent (identified below). The Counter-Notice must include the following information: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Properties may be found) and that you will accept such service from the person (or an agent of that person) who provided the Properties with the complaint at issue.
Please be aware that if you knowingly materially misrepresent that material or activity on the Properties was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f) of the Digital Millennium Copyright Act.
Company’s Copyright Agent to receive a completed Counter-Notice can be reached at:
General Counsel, Copyright Agent
Address:
545 E. John Carpenter Freeway, Suite 700, Irving, Texas
75062
Email: copyright@nexstar.tv
Phone: (972) 373-8800
USER CONTENT
We may allow you to upload, post, transmit or otherwise provide content, including but not limited
to photos, video,
audio, comments, articles, and blogs to the Properties (“User Content”). You agree that you are
solely responsible for
any User Content that you provide. By posting or submitting any User Content to us via the
Properties, you represent and
warrant that: (i) you are the owner of the material, or are making your post or submission with the
express consent of
the owner of the material; (ii) neither your User Content nor use thereof as contemplated by these
Terms of Use infringe
the intellectual property rights of any third party; and (iii) you are thirteen years of age or
older.
Rules Governing User Content: In consideration for being allowed to post or contribute User Content, you agree that your failure to abide by the following rules in using the Properties shall constitute a material breach of these Terms of Use.
Do not provide User Content that is harmful to minors in any way. Do not post or submit User Content that is obscene, profane, graphic, sexually explicit, vulgar, pornographic, indecent, libelous, slanderous, defamatory, harmful, harassing, abusive, threatening, illegal, immoral, hateful, discriminatory, or knowingly false. Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, international, state or local law, regulation or authority. Do not impersonate another person or entity, permit any other person or entity to use your identification to post or view User Content, or otherwise falsely state or misrepresent your affiliation with a person or entity. Do not provide User Content that infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property or proprietary rights of others or that is invasive of another person’s privacy. Do not provide User Content containing malicious components, including but not limited to viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. The fact that material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. You may not post or transmit content belonging to any person or party other than yourself unless you have prior written consent of the owner.
Our Right to Remove User Content. We do not assume any responsibility for the consequences of any User Content on the Properties. If we are notified of User Content alleged not to conform to the rules set forth in these Terms of Use, we may investigate the allegation. We reserve the right, but are not obligated, to remove User Content that fails to conform to these Terms of Use. In addition, we reserve the right, but are not obligated, to delete any User Content posted on the Properties, regardless of whether such User Content violates these Terms of Use.
Our Right to Use User Content. By posting User Content to the Properties, you are granting to us and our licensees a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, unrestricted right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, sell, distribute, perform, display, and otherwise exploit your User Content, in whole or in part, in any manner or medium, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for any purpose, without notice or additional consideration to you. You further grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
We do not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users.
ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN
RISK.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders,
employees, agents, licensors
and suppliers from and against any and all claims, actions, demands, liens, allegations, damages of
every kind and
description, encumbrances, losses, costs, expenses, fines, liabilities and settlements, including
without limitation
reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of the
Properties or any
content, product or service offered through the Properties; (ii) your use of any User Content or use
by others of User
Content submitted by you; or (iii) your infringement or alleged infringement of the copyright,
trademark, patent,
publicity rights, or other proprietary rights of third parties or your breach or alleged breach of
any representation,
warranty, or covenant made by you in these Terms of Use. Either we or the indemnified party will
notify you of any such
claim, suit or proceeding and will reasonably cooperate with you, at your expense, in your defense
of any such claim,
suit or proceeding. You may not settle any such claim, suit, or proceeding without the indemnified
party’s prior written
consent.
NO WARRANTIES
YOU USE THE PROPERTIES AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS WITHOUT
ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY
MAKES ANY WARRANTY
OR REPRESENTATION THAT ANY CONTENT CONTAINED ON THE PROPERTIES SATISFIES ANY APPLICABLE GOVERNMENT
LAW, REGULATION OR
REQUIREMENT. NEITHER US NOR OUR SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS,
MERCHANTS, LICENSORS
OR THE LIKE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE PROPERTIES, OR ANY WARRANTY OR REPRESENTATION THAT THE PROPERTIES OR
ITS OPERATION WILL
BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY PART OF THE
PROPERTIES, INCLUDING THE SERVERS THAT MAKE THEM AVAILABLE, WILL MEET YOUR EXPECTATIONS OR ARE FREE
OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING
THE PROPERTIES ON
BEHALF OF COMPANY.
YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE
NECESSARY TO ACCESS THE PROPERTIES. YOU
ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION OF,
THAT HARDWARE AND/OR SOFTWARE.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL WE OR ANY OF OUR EMPLOYEES,
PARENTS,
SUBSIDIARIES, LICENSORS, SUPPLIERS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, AND DAMAGES
ARISING FROM LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE PROPERTIES,
DELAY OR INABILITY TO
USE THE PROPERTIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE
PROPERTIES, WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY AGREE THAT WE AND OUR LICENSORS, SUPPLIERS, PROVIDERS OF INFORMATION, AGENTS AND
ANY OF OUR OR THEIR
OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY
REASON OR UNDER ANY
THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE PROPERTIES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH THE PROPERTIES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
PROPERTIES, OR WITH ANY
OF THE PROPERTIES’ TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE
PROPERTIES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE
ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SERVICE PROVIDERS IS
LIMITED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
TERMINATION OF PRIVILEGES
You understand that we have no obligation to monitor any areas of the Properties, including those
through which users
can supply User Content. However, we reserve the right at all times to monitor any areas of the
Properties to determine
compliance with these Terms of Use and any other operating rules that may be established by us from
time to time. We
reserve the right to deny, suspend, or terminate access to the Properties or any features of the
Properties to anyone
who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others
to enjoy the
Properties or infringes the rights of others or for any other reason to be determined in our sole
discretion. We also
reserve the right to remove or refuse to post any information, User Content, or materials, in whole
or in part, that in
our sole discretion are objectionable or in violation of these Terms of Use.
We have the right to cooperate with any law enforcement authorities or court order requesting or
directing us to
disclose the identity or other information of anyone posting any materials on or through the
Properties.
In the event of termination, you are no longer authorized to access the part(s) of the Properties
affected by such
termination. The restrictions imposed on you with respect to material downloaded from the
Properties, and the
disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any such
termination.
PRIVACY
You may have to submit certain information to us in order to use certain features of the Properties
and we may collect
certain information about you when you use the Properties. By using the Properties you consent to
our use, collection,
storage, and dissemination of your information. Our collection of any information from or about you
is governed by
our Privacy Policy.
GENERAL
These Terms of Use (including the Privacy Policy incorporated herein by reference) constitute the
entire agreement and
understanding between you and us with respect to your use of the Properties, and supersede all prior
or contemporaneous
communications and/or proposals. In the event any provision of these Terms of Use is determined by a
court of competent
jurisdiction to be invalid or unenforceable, that provision shall be severable from these Terms of
Use and such
invalidity or unenforceability shall not in any way affect the validity or enforceability of the
remaining provisions.
Waiver by us of any breach or failure to comply with any provision of these Terms of Use by you
shall not be construed
as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure
to comply with any
other provision of these Terms of Use. A printed version of these Terms of Use shall be admissible
in judicial or
administrative proceedings based upon or relating to use of the Properties to the same extent and
subject to the same
conditions as other business documents and records originally generated and maintained in printed
form.
JURISDICTION
The Properties are controlled by us from the United States of America. We make no representation
that materials on the
Properties are appropriate or available for use in other locations. Those who choose to access the
Properties from other
locations do so on their own initiative and are responsible for compliance with local laws. These
Terms of Use shall be
governed in accordance with the laws of the State of Texas, excluding its choice of laws provision.
Any action brought
to enforce these Terms of Use shall be brought in the state or federal courts located in Dallas
County, Texas.
CONTACT US
If you have any questions about these Terms of Use or your dealings with us you may contact us:
By email: PrivacyAdministrator@nexstar.tv
By phone: (972) 373-8800
By mail: Digital Privacy
Administrator
Nexstar
Inc.
545 E. John Carpenter, Suite 700
Irving, Texas 75062
Thank you for visiting our Properties.