Terms & Conditions
Welcome to www.kohd.com. KOHD-TV and its affiliates and related companies (collectively "KOHD," "us," "our" or "we") operate the www.kohd.com
website to provide news data and information (the "Service"). The terms
and conditions set forth herein (the "Terms of Use" or "Agreement")
constitute a legally binding agreement between yourself ("you" or
"your") and us regarding the terms on which KOHD offers you access to
its Service.

Your
use of the Service and this website is governed herein by the Terms of
Use. By accessing this website, you agree to be bound by the terms
herein and all applicable laws and regulations governing use of this
website. If you do not agree with any of the terms herein you are not
authorized to use this website or the Service. If you are not fully
satisfied with the Service, Content or website, it is your sole and
exclusive responsibility to discontinue use.
KOHD may at its sole discretion change the Terms of Use without
notification. Your use of the website following any such modification
constitutes your agreement to be bound by the Terms of Use.
The Service, the website and all data and information and/or content
that you see, hear or otherwise experience on the website ("Content")
shall remain the sole property of KOHD and may be protected by U.S. and
international copyright, trademark, intellectual property and other
laws, and you, by downloading or copying, gain no right, title or
interest in such Content.
Restrictions of Use
You may use the website, the Service, and the Content solely for your
personal, non-commercial use. You may download, print, and store
selected portions of the Content. You agree not to copy or post the
Content on any network computer, or transmit, distribute, publish or
broadcast Content, including but not limited to a website. You agree
not to modify or alter the Content in any way or delete or change any
copyright notice. You agree not to alter, modify, reformat, copy,
download, reproduce, duplicate, display, distribute, repost, transmit,
publish, license, sell, rent, transfer or create derivative works from
any Content obtained from the website or the Service, except as
expressly permitted herein.
Disclaimers
1. You expressly agree that use of the Service is solely at your
risk. Neither KOHD nor any affiliates, employees, agents, information
service providers or licensors warrant uninterrupted or error free
Service. KOHD and said affiliates provide no warranty to the results
that may be obtained through the Service, nor do they warrant the
accuracy, reliability or content of any information, service or
merchandise available through the Service.
2. THE SERVICE AND WEBSITE ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, EXCEPT WARRANTIES THAT ARE INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
3. All loss of data and damage of your software or system is the
sole liability of you and you agree to indemnify KOHD of all liability
herein.
4. In no event (including negligence) will KOHD or affiliates, or
any person or entity involved in creating, producing or distributing
the Service or website (including Content) be liable for any direct,
indirect, incidental, special or consequential damages arising from the
use or inability to use the Service or website, a statement or conduct
of any third party, unauthorized access or alteration of your
transmission of data, or out of breach of any warranty.
5. You acknowledge the provisions in this section herein are for the
benefit of KOHD and its affiliates, providers and suppliers and their
respective employees and agents (each with the right to assert and
enforce the provisions herein directly on its own behalf).
6. KOHD makes no guarantee that the files available for download
through the website will be free of infection by viruses, worms, trojan
horses or other malicious programming code containing contaminating or
destructive properties.
7. KOHD makes no guarantee that information provided on the website
or by the Service is appropriate for use in locations outside the
United States. Any portions or versions translated into any language
other than English are provided for your convenience; however, KOHD
makes no representation or warranty that the translations are complete
or accurate and KOHD undertakes no obligation to provide translation to
any or all of the Service, website or Content.
Indemnification
1. You agree to be personally responsible for your behavior on the
website and for use of the Content. You agree to defend, indemnify and
hold harmless KOHD, it subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents and third
party information providers to the Service 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
or any activity related to your account of the Service, website or
Content.
2. You agree to allow KOHD to monitor, record, collect and use for
any lawful purpose information generated through the use of the Service
or the website. Use of all collected information is at KOHD's sole
discretion subject to our Privacy Policy.
Conduct
1. You agree not to take any action that interferes with the proper
functioning of the website; imposes an unreasonable load on the
website's infrastructure; might compromise security of the website or
Service; may render the website or Service inaccessible to others; or
otherwise cause harm the website or Service. You agree not to modify
the Content except as expressly authorized by KOHD in the Terms of Use
or by written agreement.
2. In areas where access is expressly granted, you agree not to post
messages or expressions ("Material") that (i) infringe upon trademark,
patent or copyright law, or are trade secrets or other proprietary
information of any public or private party; (ii) are libelous,
defamatory, obscene, threatening, abusive, advertising, pornographic or
otherwise illegal Material; (iii) contain viruses, worms, trojan horses
or other malicious programming code containing contaminating or
destructive properties; or (iv) are unsuitable or harms minors in any
way.
3. When posting to the website, you warrant that you have the legal
right to post your Material and that it will not violate any laws or
the right of any entity. By posting on the website you give KOHD the
royalty-free, irrevocable, perpetual, universal right to use, assign,
sublicense, distribute, display and create derivative works from
Material in any and all media, in any manner, in whole or in part,
without any restriction or responsibility to you. You agree that you
are solely responsible for the content of any of your Material. KOHD
nevertheless retains the sole and exclusive right to delete, move or
edit any and all parts of your Material. You agree that any Material
you submit may be edited, removed, modified, published, transmitted
and/or displayed by KOHD and you waive any and all rights you may have
with respect to the alteration, modification or removal of your
Material. KOHD, however, assumes no obligation to screen, monitor or
review any third party Material. KOHD makes no guarantee to accuracy,
completeness, objectivity or usefulness of any third party Material.
You acknowledge portions of the website may contain unedited materials,
some of which may be sexually explicit or offensive. You agree that you
access all Content at your own risk. KOHD has no control over and
accepts no responsibility for such Materials.
General Provisions
1. This Agreement and any operating rules for the Service or webpage
established now or hereafter constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties. Acceptance or
execution of this Agreement shall constitute acceptance of the terms
and conditions herein. This Agreement shall be governed by the laws of
the State of Oregon. In the event that any portion of this Agreement is
held invalid or unenforceable, such portion shall be construed in
accordance with applicable laws as nearly as possible to reflect the
original intentions of the parties set forth herein, and the remainder
of the Agreement shall remain in full force and effect. No waiver by
either party of any breach or default shall be deemed to be a waiver of
any preceding or subsequent breach or default.
2. Information available through the Service or the website may
contain errors or inaccuracies and may not be complete or current. KOHD
therefore reserves the right to correct errors, inaccuracies and
omissions, and to change or update the information provided by the
Service or webpage at any time without prior notice. KOHD however
assumes no obligation to correct any errors, omissions or inaccuracies.
3. KOHD does not imply endorsement, sponsorship or recommendation of
any third parties, their websites, or the information, Material or
Content therein. KOHD does not warrant any information, services or
merchandise purchased or accessed through the hypertext links by You.
You are expressly responsible for all such charges and indemnify KOHD
of all liability with connection therein.
4. KOHD will investigate and take appropriate legal action against
anyone who violates any of the provisions herein, including without
limitation, barring violators from use of Service or website, and
pursuing civil, criminal and/or injunctive redress. You agree that in a
civil action KOHD may obtain full recovery of all damages suffered, and
may also obtain punitive and consequential damages.