Terms & Conditions
Welcome to KCTS 9!
KCTS9.org provides its services to you subject to the following conditions. If you visit or shop at KCTS9.org, you accept these and our Shopping Terms and Conditions. Please read them carefully. If you do not agree to these Terms and Conditions, please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please make sure to check periodically for any changes.
AGREEMENT TO USER CONDUCT
By using any information available to you on or through this site, you agree that you will not upload, distribute, or facilitate distribution of any content, including but not limited to:
1) Text, communications, software, images, sounds, data, or other information that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, or any graphic or explicit descriptions that otherwise violate our rules or policies;
2) Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any date or other information of any third party; or
3) Impersonate any person or entity, including any employee or representative of KCTS Television.
THIRD PARTY SITES
This site has links to other sites on the Internet. We, at KCTS 9 have no control over these sites, and you acknowledge that KCTS 9 is not responsible for any content displayed or transactions that take place with such sites. However, KCTS 9 has some control over the content and transactions occurring at its Channel 9 Store. For information on how your information is protected while shopping at our Channel 9 Store, please click here.
You acknowledge and agree that copyright, trademarks, service marks, or other intellectual property rights and laws protect all content and materials available on this site. Except as expressly authorized by KCTS Television, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep all copyright and other proprietary notices intact. Use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.
USER'S GRANT OF LIMITED LICENSE TO KCTS TELEVISION
By submitting content or material to this site, you:
1) Grant KCTS Television and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2) Warrant and represent that you own or otherwise control all the rights to the content and that public posting and use of your content by KCTS Television will not infringe or violate the rights of any third party.
For information on how KCTS Television uses any personal information that you provide, please check our Privacy Statement for a detailed description.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE KCTS SITE IS AT YOUR SOLE RISK;
(b) ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE;
(c) THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT;
(d) KCTS TELEVISION, ITS AFFILIATES OR LICENSEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(e) KCTS ALSO DOES NOT CLAIM THAT THE CONTENT IS FREE OF ANY VIRUS OR HARMFUL COMPONENT.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK
WE MAKE NO EXPRESS WARRANTIES WITH RESPECT TO:
(a) THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THIS SITE;
(b) THAT ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS;
(c) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE; OR
(e) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE SHALL KCTS TELEVISION, ITS AFFILIATES, OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS RESULTING FROM:
(a) YOUR USE OR INABILITY TO USE THE SITE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THIS SITE;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE KCTS SITE; OR (d) INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL UNREST, FIRE, FLOOD, STORM, OTHER ACTS OF GOD; OR NON-PERFORMANCE BY THIRD PARTIES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. KCTS' LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.
Upon a request by KCTS Television, you agree to defend, indemnify, and hold KCTS, its affiliates, and licensees, harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. KCTS Television 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 case you will cooperate with KCTS Television in asserting any available defenses.
CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the State of Washington, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise stated herein, this agreement constitutes the entire agreement between you and KCTS Television with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and KCTS Television. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
KCTS Television reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.