4) Prohibited Conduct
WISC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates engages in Prohibited Conduct, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Conduct includes, but is not limited to:

  1. restricting or inhibiting any other Member or user from using and enjoying the Interactive Services;
  2. abusing, harassing, stalking, threatening, harming or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
  3. submitting, posting, distributing or otherwise disseminating User Content that,

    • is Prohibited Content;
    • contains viruses, corrupted files, malware, spyware, adware or any other similar software or programs;
    • contains advertisements, any solicitation of funds, goods or services, or any other Content which has a primarily commercial purpose;
    • encouraging users to participate in surveys, contests, or chain letters;
    • compromising, or potentially compromising, the security of the Website;
    • causing damage to the Website or any Website Content; or
    • imposing a disproportionately large load on the WebSite’s infrastructure.
  4. Covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
  5. Any automated use of the system, such as using scripts to add friends;
  6. Impersonating another person;
  7. Using the account, username, or password of another Member at any time;
  8. Disclosing your password to any third party or permitting any third party to access your account; or
  9. Selling or otherwise transferring your profile.

To protect our Members from prohibited advertising or solicitation, WISC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which WISC deems appropriate in its sole discretion.

Linking and Framing
You may link to our home page, provided that any such link does not imply any sponsorship of your site by WISC. If you wish to link to material contained at other levels within the site, please contact us at kgeissler@wisctv.com to request permission to do so. You may not frame or otherwise incorporate into any other website or service any of the Website Content without WISC’s prior written permission. Requests for permission to frame our content may be sent to kgeissler@wisctv.com. Hypertext links to third-party websites do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third-party website or the information contained therein.

5) DISCLAIMER OF WARRANTIES AND LIABILITY
The Website is provided for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. WISC is not responsible for any incorrect or inaccurate Website Content or User Content, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. WISC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. WISC is not responsible for the stations or conduct of, and does not guarantee the performance of goods and services provided by, any of our advertisers or by any third party, including third parties to whose website we link. The links on this Website are designed for convenience only, and do not constitute an endorsement by WISC of that site or any product, service or other material offered on that site. Information provided by other Channel3000.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and WISC assumes no responsibility or liability for this material. WISC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. By participating in any offline WISC event, you agree to release and hold WISC harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline WISC event. WISC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. WISC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall WISC be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. WISC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

This site is controlled and operated by WISC from its offices within the United States of America. WISC makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of and U.S. export law or regulation.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE CONTENT, AND YOU AGREE THAT YOU RELY ON THE CONTENT SOLELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS," WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WISC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY HYPERLINKED WEBSITE, EVEN IF WISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WISC DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF WISC IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.)

6) Termination
This Agreement remains in effect until terminated by WISC, and such termination may occur at any time without notice for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to WISC. In the event of termination, you are no longer authorized to access the Website, and the restrictions imposed on you with respect to material downloaded from the Website, the disclaimers and limitations of liabilities set forth in this agreement, shall survive. You may terminate your Membership at any time.

7) Jurisdiction; Miscellaneous
The Agreement has been made in and shall be construed in accordance with the laws of the State of Wisconsin without giving effect to its conflict of law provisions. By using the Website, you consent to the exclusive jurisdiction of the appropriate state or federal courts in Wisconsin in any dispute arising out of or relating to the Agreement or use of the Website. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any rights not expressly granted herein are reserved by WISC. All disputes and claims for damages relating in any way to the performance, interpretation, validity or breach of these Terms of Use will be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association (or its successor). In the event that the American Arbitration Association (or its successor) is not then in existence and in the business of resolving commercial disputes through arbitration, final and binding arbitration will be conducted pursuant to the last effective commercial arbitration rules of the American Arbitration Association. Each party shall be responsible for its own legal fees and expenses incurred in connection with any arbitration or judicial proceedings arising out of this Agreement. The fees and expenses of the arbitrator(s) (and if applicable any court costs) shall be borne equally by the parties.

8) Disputes Among Members or Users
You are solely responsible for your interactions with other Members or Users. WISC reserves the right, but has no obligation, to monitor disputes between or among Members or Users.

9) Indemnification
You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Website Content or User Content. You agree to indemnify, defend and hold harmless Television Wisconsin, Inc., its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the Website or your use of the Website Content or User Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user information.

10) Other
This Agreement constitutes the entire agreement between you and WISC regarding the use of the Website and/or the Service and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The failure of WISC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.