PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEB SITE.
1. Terms May Change. These terms and conditions may change at any time and such changes will be effective immediately upon posting. You should check these terms and conditions periodically because your continued use of the Web Site will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the Web Site.
2. Governed By Laws of USA. Given the nature of the Internet, even though the Site is ordinarily targeted to United States of America ("USA") residents, it may be accessed in other parts of the world. If you are not a USA resident and yet use the Web Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Web Site complies with all applicable local laws in the jurisdiction from where you access or use the Web Site. IF YOU ARE NOT A USA RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO THE USA, AND TO THE PROCESSING OF SUCH DATA ON SPE'S (OR ITS DESIGNATED VENDORS’) USA SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY USA LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
3. Property of ION. This Web Site is owned by ION. The entire contents of this Web Site are copyrighted under the United States copyright laws. You may not copy, reproduce, transmit, distribute, republish, upload, post, sell, or make changes to any information or materials on this Web Site, without the prior written consent of ION, EXCEPT that you may print or download one copy of the information on this Web Site solely for your personal, non-commercial home use, provided you keep intact all copyright, trademark and other proprietary notices. Modification or use of this Web Site for any other purpose violates ION'S intellectual property rights.
4. Service. ION currently provides users with access to a rich collection of on-line resources, including, various communications tools, ION Kitchen, Everyday Heroes, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ION properties, shall be subject to these Terms and Conditions. You understand and agree that the Service is provided "AS-IS" and that ION assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
5. Use of Web Site at Your Own Risk. Your use of and browsing in the Web Site are at your risk. Neither ION nor any other party involved in creating, producing or delivering the Web Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Web Site. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ION also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Web Site or your downloading of any materials, data, text, images, video or audio from the Web Site.
6. Your Information is Not Confidential. Any communication or material you transmit to the Web Site by electronic mail or otherwise, including any data, questions, comments, suggestion, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ION or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ION is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
7. Images. Images of people or places displayed on the Web Site are either the property of, or used with permission by, ION. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Web Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
8. Trademarks. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Web Site are registered and unregistered Trademarks of ION and others. The following trademarks, service marks, and trade names are among the marks owned by ION Media Networks and its affiliates: ION Media Networks, ION, ION Television, ION Television Positively Entertaining, ION Network, ION Kitchen, Everyday Heroes, the drawing of the ION seal, the "i" logo and the call letters of the various ION television stations.
All other trademarks, service marks and trade names are the property of their respective owners. ION does not confer any license or right under any patent or trademark of ION or any third party.
9. Use at Your Own Risk; Linked Sites. ION has not reviewed all of the sites linked to the Web Site and is not responsible for the content of any other sites linked to the Web Site. Your linking to any other off-site pages or other sites is at your own risk. At various points throughout the site you may be offered automatic links to other internet sites relevant to a particular aspect of this site. This does not indicate that ION or affiliates are necessarily associated with any of these other sites or their owners. While it is the intention of ION that you should find these other sites of interest, neither ION, nor affiliates, nor their or their affiliates' officers, employees and agents shall have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by ION or affiliates. If at any time you find that you have accessed another site you may return to this site by clicking on the "backwards" arrow, or by keying in the domain address of ION (http://iontelevision.com).
10. ION Not Liable. All commerce engaged in by you on a website which is linked to from the ION websites will be governed and subject to the agreements, understandings and relationship between you and the vendor. Vendors that use the ION logos are parties to revenue sharing arrangements with ION, but are still liable to you for any returns or damages; ION is not in any way responsible for the conduct of these vendors.
Although ION may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Web Site, ION is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Web Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. ION will fully cooperate with any law enforcement authorities or court order requesting or directing ION to disclose the identity of anyone posting any such information or materials.
11. Registration Data. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ION has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ION has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
12. Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ION, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ION does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ION be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that ION does not pre-screen Content, but that ION and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ION and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ION, in all parts of the Service.
ION makes an effort to keep the information on this Web Site reliable and accurate, but does not guarantee the reliability or accuracy of any of the information on either this site or on sites that are linked to this site. ION also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components.
You acknowledge and agree that ION may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ION, its users and the public.
13. Advertisements. We reserve the right to display advertisements in connection with your Content and to use your Content for advertising and promotional purposes. You acknowledge and agree that your Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
15. Restrictions on Use. You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content 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. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a ION official, celebrity, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
16. Transmission. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
17. U.S. Export Laws. Software from this Web Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Web Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Limitation of Liability. Under no circumstances will ION be liable for any damages (including, but not limited to, special, incidental, consequential or indirect damages) arising out of the use of, or the inability to use, this Web Site, even if ION has been advised of the possibility of such damages.
20. Mobile. The Web Sites may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Web Sites via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Web Sites from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We typically do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Websites to reflect this change.
You shall not link this Web Site to any other site without the express written approval of ION . If you are interested in obtaining such approval, please click here to go to the contact page.
We Respect Your Privacy
2. Types of Information You May Provide. Information we may collect from you on our Site falls into two categories: (i) Anonymous Information, and (ii) Personal Information. These categories are defined as follows:
2.1. "Anonymous Information" means information that does not identify you individually, and may include, for example, statistical information concerning the pages on our Website that you visit most frequently .
2.2. "Personal Information" means information about you that would allow us (or others) to identify and contact you including, but not limited to: (i) your name; (ii) mailing address; (iii) telephone number; (iv) email address; and (v) other, similar information.
3. Our Uses of Your Personal Information. You decide whether you wish to provide us with Personal Information. We may collect information from you at different points (for example, when you contact us with questions or comments, register for our mailing lists, or register for contests or interactive content), and use this information as follows:
3.2. Verifying Your Identity. When you request information from us via the Website, we may collect additional Personal Information beyond what we originally received in order to verify your identity and process your request. This is designed to further protect you and to reduce the threat of identity theft and fraudulent requests.
3.3. Communications to Us. If you send us an email with questions, comments or requests for additional information, or if you include your Personal Information when providing us with feedback about ION, our Website or our products and services, we may use your email address and other information included in your correspondence to respond to you.
3.4. Updates and Other Communications to You. You may provide us with your email address and other Personal Information so that we can send you information concerning ION, our Site, products, services and other information (collectively, the "Updates"). In addition, we may use your Personal Information to provide you with other information that we believe may be of interest to you. You will have the ability to choose not to receive these materials as provided in Section 8 (Opting Out).
3.5. Informational Notices and Bulletins. We may periodically send news, bulletins or other information to you, and will use Personal Information to send such communications. If we choose to send such communications, you will have the ability to choose not to receive some of them. Please refer to Section 8 (Opting Out) for more details.
3.7. Promotions. We believe that your experiences can often act as the strongest promotion of our products and services. Accordingly, we may wish to post on our Website or elsewhere, endorsements from you or descriptions you provide about your experiences. You agree that your Personal Information and experiences with us may be used and adapted for these purposes (without the need for compensation). If we use your Personal Information and experiences in this manner, and such use discloses other Personal Information, we will obtain your permission before using any other Personal Information.
3.8. Information You Wish to Have Posted on the Website. We collect Personal Information from you when you provide us with Submitted Content for posting on our Website. We may use this Personal Information to respond to you, verify your identity and for other purposes. Please review Section 4 (Submitted Content) for information concerning how we treat Submitted Content (and any Personal Information) you may post on our Website.
3.9. Employment Opportunities. Our Site may include information allowing you to learn more about employment opportunities with ION and the ability to apply for a job online. We collect Personal Information in connection with your employment application, and will use this Information to process your application.
3.10. Social Media Interactions. We may collect Personal Information when you use social media aspects of our Website, such as "share" or "like" buttons. We may use Personal Information to permit the proper functioning of these and other social media aspects of our Website.
3.11. Website Improvement and Personalization. We may collect Personal Information from you in order to improve or personalize your experience on the Website. For example, we may recommend products or features to you based on services or features you have used in the past or based on Personal Information you have provided to us.
3.12. Other Uses. In addition to the uses specifically identified in this Section 3 (Our Uses of Your Personal Information), we may use Personal Information you submit in any other manner we reasonably deem necessary in order to provide you with content, services, features or applications available on our Website.
5. Disclosures to Third Parties. We will not disclose Personal Information about you to third parties without your express consent, except in the following circumstances:
5.1. Vendors. We employ other companies to perform functions both on our and your behalf, such maintaining the Website, collecting information, sending and responding to electronic mail, providing Website functionality (such as interactive games and social media functionality), and other functions necessary to support ION, the Website and the products and services that we offer (collectively, the "Vendors"). We will provide Vendors with only that Personal Information necessary to perform their functions and instruct them not to use Personal Information for any purpose inconsistent with this Policy. We require that our Vendors agree contractually to comply with applicable privacy laws and to maintain protections for Personal Information consistent with this Policy.
5.2. Affiliates. We share Personal Information with our Affiliates in order to provide you with product offerings, service offerings and for other purposes. Our Affiliates have agreed contractually to comply with privacy laws and to maintain protections for Personal Information consistent with this Policy. You have the ability to "opt-out" of this information-sharing by following the direction provided in Section 8 (Opting Out).
5.4. Legal. We will reveal Personal Information about you to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personal Information, we may attempt to notify you via the email address you provided (if any) within a reasonable time before we respond to the request, unless such notification is not permitted. In addition, we may share your Personal Information with third parties as otherwise permitted by law in order, for example, to protect against fraud, to protect the confidentiality or security of our business records or to comply with applicable legal requirements.
6. Our Use of Anonymous Information. We use Anonymous Information to analyze the effectiveness of our Site, to improve our Website, products and services, and for other purposes. For example, the fact that our Site users spend a majority of their time reading about our gift suggestions would constitute Anonymous Information, if that information does not identify a particular user. This information provides us with potentially useful data concerning our users' preferences and the efficacy and interest of our Site, products and services. In addition, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and related services, and may share Anonymous Information with third parties, including advertisers (if any). Rest assured that Anonymous Information provided to third parties will not allow anyone to identify you. We may collect Anonymous Information using features of the software supporting our Website, both through the means described below and other means.
6.1. IP Addresses; Logs. Either directly, or through our hosting service provider, we may automatically receive and record information from your internet browser, including your IP address (the internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information that will be aggregated with information about other users in order to understand how our Website is being used, and for security and monitoring purposes.
6.2. Cookies. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide a tailored user experience and to make it easier to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Site. In addition, other third-party websites may recognize our cookies stored on your computer, and use that information to provide you with information related to the content of our Website. You may set your browser so that it does not accept cookies, though cookies must be enabled on your web browser if you wish to access certain personalized features of our Site.
6.4. Click-Throughs. We may send emails that use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Opting Out).
8. Opting Out. Because we respect privacy rights, we allow you to choose not to receive certain information. If we choose to send bulletins, Updates, or other communications to you, we will provide you with the ability to decline, or opt out of, receiving such communications. In addition, you have the option to unsubscribe to our Updates, and we will take reasonable steps to comply with this request in a timely manner. Instructions for opting out will be provided if and when we determine to send such a communication. Please understand that you will not be allowed to opt out of formal notices concerning the operation of our Website, and legal and other related notices concerning your relationship to us and our Website.
9. Access; Removing Information. To allow you appropriate control over your Personal Information, you can request us to change, update or delete Personal Information that you have previously submitted to us. We will take reasonable steps to verify your identity before fulfilling such requests. You may also delete your name and other Personal Information from our databases. Please understand, however, that it may be impossible to remove Personal Information completely due to system backups and records of deletions. In addition, if you request the deletion of your Personal Information, you will be unable to utilize the services associated with that Personal Information. We will fulfill deletion requests within a reasonable time.
11. Security. We have put in place security systems, physical and technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of, Personal Information (collectively, the "Security Safeguards"). Our Security Safeguards are structured to deter and prevent unauthorized users and others from accessing Personal Information. Please understand that our Security Safeguards are not fail-proof and, due to the nature of internet communications and evolving technologies, we cannot provide, and expressly disclaim (to the extent permitted by law), assurance that the information we receive about you via the Website will remain free from loss, misuse or alteration by third parties who, despite our efforts, obtain unauthorized access. Please note that you play a key role in protecting the security of your Personal Information. For example, you should guard your password to our Website, and not give it to others to use. In addition, you should close your browser when you have finished viewing your information on our Website in order to prevent others from viewing your Personal Information.
12.1. "Affiliate" means an entity controlling, controlled by or under common control with ION. For purposes of this definition, "control" shall mean ownership or control, either directly or indirectly, of greater than 50% of the voting rights of such entity or the ability to control the day-to-day operations and business of such entity.
12.4. "ION Member" means those Site users that register to the Website.
13. Additional General Provisions.
13.1. Privacy Protection for Children. Our Website is not directed at children and we will not accept or request Personal Information from individuals we know to be under 13 years old. In accordance with the Children's Online Privacy Protection Act ("COPPA"), if we learn that a child under 13 years old has provided Personal Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures set out in Section 9 (Access; Removing Information), or (ii) obtain verifiable parental consent in accordance with COPPA.