"WYOMING PBS Web Site" is the online presence operated by WYOMING PBS on the World Wide Web of the Internet, consisting of information services and content provided by WYOMING PBS. "User" means any person who establishes or accesses content on the WYOMING PBS Web Site
2. User Conduct.
WYOMING PBS Web Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, and graphics. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WYOMING PBS and the copyright owner (if applicable). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
3. Changed Terms.
WYOMING PBS shall have the right at any time to change or modify the terms and conditions applicable to User's use of WYOMING PBS Web Site. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, notification on WYOMING PBS Web Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of WYOMING PBS Web Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of WYOMING PBS Web Site and all charges related thereto.
5. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE WYOMING PBS WEB SITE IS AT USERS'S SOLE RISK. WYOMING PBS AND ANY RELATED AGENTS OR AFFILITATES DO NOT GUARANTEE THAT WEB CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
(B) WYOMING PBS IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(D) IN NO EVENT WILL WYOMING PBS, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
WYOMING PBS WEB INFORMATION AND CONTENT,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WYOMING PBS. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WYOMING PBS WEB SITE.
User agrees to defend, indemnify and hold harmless WYOMING PBS, its affiliates, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of WYOMING PBS Web Site by User.