Site Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. All users of this site agree that access to and use of this Web site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Web site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ABC/NBC Alaska. The collective work includes works that are licensed to ABC/NBC Alaska Copyright 2010, ABC/NBC Alaska ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non- commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ABC/NBC Alaska. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Use of Site

In accessing this Web site, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the Site's material or content or permit or assist any third party to do the same.

You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.

Registration Obligations

To use this Web site you must create an account using the registration process provided on the Web site. Only those who can form legally binding contracts under the law (over the age of 18 years) may create an account. When creating an account you agree to provide true, current and complete information about yourself as prompted by the registration form. You agree to maintain and update the information so that it is always true, accurate, current and complete. If we have reasonable grounds to suspect that such information has been falsified or is inaccurate not current or incomplete, we have the right to limit, suspend, or terminate your account. It is important that you keep your contact information (particularly your e-mail address) updated. If you fail to notify us of changes in your contact information you will not receive important notifications regarding your account and its status. Before creating an account for another person or inviting a Guest to this Web site it is your responsibility to ensure that You have the required permission to do so. Use of the Web site by Minors

Authorized permission must be given for a minor (those under the age of 18) to use this Web site. If you grant permission for a minor to have access to this Web site you recognize that you are fully responsible for: (i)the conduct of such minor; (ii)the consequences of any misuse by the minor; (iii) controlling minor’s access to the use of the Web site.

User Names and Passwords

To access your account you will need a password and username. You are responsible for maintaining the confidentiality of the password and username. It is your responsibility to protect your user name and password. You are fully responsible for all activities that occur under your password or username. You agree to notify ABC/NBC Alaska immediately of any unauthorized use of your password or account or any other breach of security relating to your Account. ABC/NBC Alaska cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

Privacy

ABC/NBC Alaska respects your privacy. Please refer to our Privacy Policy for detailed information. All personal information obtained is subject to this Privacy Policy. The Privacy Policy may be updated from time to time, the most recent version that exists applies at the time of your use.

Your Personal Data

Personal information you are asked to supply or you supply voluntarily as part of the registration, upload/download or Application process and any other information relating to your User Content (e.g. information provided to ABC/NBC Alaska in relation to legal and best practice issues) ("Your Data"), will be used by ABC/NBC Alaska, its group organizations (i.e. regions) and service providers as follows: (i) to administer your Membership or Application; (ii) as set out on the Site or the Terms. In addition, ABC/NBC Alaska may at its discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or otherwise where required by law.

Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a Member and/or using the Site you are agreeing to Your Data being used as set out above.

Limitation of Warranty

THE WEB SITE AND THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". ABC/NBC ALASKA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR THE SERVICE. UNDER NO CIRCUMSTANCES SHALL ABC/NBC Alaska (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR OTHER RESPECTIVE SUCCESSORS AND ASSIGNS), BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE.

ABC/NBC ALASKA ALSO MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE USE OR OPERATION OF ANY THIRD PARTY SERVICES OFFERED THROUGH THE WEB SITE (INCLUDING PAYMENT SERVICES) OR THROUGH SUCH THIRD PARTY WEB SITES.

Limitations of Service

This Web site may only be used for the intended purpose for which such Web site are being made available. You may not use the Web site to:

(a) Upload, post or otherwise transmit any Content that is, or that promotes behavior that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age; (c) Harm minors in any way; (d) Impersonate any person or entity, including, but not limited to, a MFMC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) Sell, distribute, or make any commercial use of data obtained from any Web site or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant; (f) Use the Web site to hyperlink to content not permitted on the Web site (g) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market; (h) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (i) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights. (j) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Or promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; (k) Upload, post or otherwise transmit or provide links to any material 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; (l) Collect or store personal data about other users; Violation of any of the foregoing may result in limitation, suspension, or termination of this Agreement and your right to use the Service, and may subject you to other legal consequences.

Indemnification

You agree to indemnify ABC/NBC Alaska and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Web site, or from any person's use of any account or password you maintain with the Web site, regardless of whether such use is authorized by you. By using the Web site, you are hereby agreeing to release ABC/NBC Alaska and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Web site. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. Jurisdiction

Your use of this site shall be governed in all respects by the laws of the state of Alaska, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Anchorage, Alaska. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. ABC/NBC Alaksa's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ABC/NBC Alaska may assign its rights and duties under this Agreement to any party at any time without notice to you.

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