UNI-TALK.COM TERMS AND CONDITIONS OF USE
Welcome to the STEVEWILKOS.COM web site.
Universal Syndicated Productions LLC, its parent, subsidiary and
affiliated companies ("UNI-TALK") maintain this site ("Site") for your
personal entertainment, information, education, and communication.
Please feel free to browse the Site at any time; however, by browsing
this Site, you are subject to the terms and conditions ("Terms and
Conditions") of this Site. By accessing this Site, you accept, without
limitation or qualification, the following Terms and Conditions. If you
do NOT accept the Terms and Conditions, then please discontinue your
use of this Site.
TERMS AND CONDITIONS
Use of Site
UNI-TALK reserves the right, in its sole discretion, to amend the Terms
and Conditions, and to modify, add or discontinue any aspect, content,
or feature of the Site. Such amendments, modifications, additions,
deletions shall become effective upon notice thereof, which may be
provided to you by posting on the Site, via e-mail or any other means.
Continued use of the Site by you shall constitute your binding
acceptance of any such amendments, modifications, additions or
deletions. The Site is owned and operated by UNI-TALK and it's
affiliated companies and contains material that is derived in whole or
in part from material supplied and owned by UNI-TALK and other sources.
Such material is protected by copyright, trademark, and other
applicable laws. You may not modify,
copy, reproduce, republish, upload, post, transmit, publicly display,
prepare derivative works based on, or distribute in any way any
material from the Site, including but not limited to text, audio,
video, code and software. During your visit, however, you may download
material displayed on the Site for non-commercial, personal use only
(provided that you also retain all copyright and other proprietary
notices contained on the materials). UNI-TALK neither warrants nor
represents that your use of materials displayed on the Site will not
infringe rights of third parties not owned by or affiliated with
UNI-TALK.
Disclaimer of Warranties
While
UNI-TALK uses reasonable efforts to include up to date information on
the Site, UNI-TALK makes no warranties or representations as to its
accuracy, timeliness, reliability, completeness or otherwise. UNI-TALK
has provided links and pointers to Internet sites maintained by third
parties ("Third Party Sites") and may from time to time provide third
party materials on the Site. Neither UNI-TALK, its parent, subsidiary companies, affiliates, or
suppliers operate or control in any respect the information, products
or services on these Third Party Sites. The content, materials, and
products or services available in or accessible through the Site are AS
IS and, to the fullest extent permissible pursuant to applicable law,
UNI-TALK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A
COURSE OF PERFORMANCE OR COURSE OF DEALING. UNI-TALK DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE
SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE
SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME
FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS
TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE
SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU
MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU
ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR
RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE
INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE
ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR
COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL UNI-TALK, ITS
PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED
THROUGH THE SITE, UNI-TALK'S REMOVAL OR DELETION OF ANY MATERIALS OR
RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF UNI-TALK OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY
ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,
OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNI-TALK, ITS
PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF
THE SITE.
Submissions
While we are always happy to hear from you, it is UNI-TALK's
policy not to accept or consider creative materials, ideas, or
suggestions other than those we specifically request. This is to avoid
any misunderstandings if your ideas are similar to those we have
developed independently. Therefore, we must request that you do NOT
send to us any original creative materials such as screenplays,
stories, original artwork, etc. Any communication or material you do
transmit to the Site by electronic mail or otherwise will be treated as
non-confidential and non-proprietary. Anything you transmit or post
shall be deemed the property of and may be used by UNI-TALK, or its
affiliates, for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and
posting. Furthermore, UNI-TALK is free to use and shall be deemed to
own, any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever,
including, but not limited to, developing, manufacturing and marketing
products using such information. Disclosure, submission, or offer of
any submissions to the Site shall constitute an assignment to UNI-TALK
of all worldwide rights, titles, and interests in all copyrights and
other intellectual property rights in such submission. UNI-TALK may
edit, copy, publish, distribute, translate, and otherwise use in any
medium any submission that you forward to UNI-TALK and will own
exclusively all such rights, titles, and interest and shall not be
limited in any way in its use, commercial or otherwise, of the
submission. UNI-TALK is and shall be under no obligation to: (1)
maintain any of your or any user's submissions in confidence; (2) to
pay to you or any user any compensation for any submissions; or (3) to
respond to any of your or any other user's submissions.
Trademarks
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of UNI-TALK and others. Nothing contained on the Site should
be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on
the Site without the written permission of UNI-TALK or such third party
that may own the Trademarks displayed on the Site. Your misuse of the
Trademarks displayed on the Site, or any other content on the Site,
except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that UNI-TALK will aggressively
enforce its intellectual property rights to the fullest extent of the
law, including seeking of criminal prosecution.
Merchants
Your correspondence or business dealings with, or participation in
promotions of, merchants found on or through the Site, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such
dealings, are solely between you and such merchant. UNI-TALK will NOT
be responsible or liable for any loss and/ or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such merchants on the Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site may provide you and other users an opportunity to submit,
post, display, transmit and/or exchange information, ideas, opinions,
photographs, images, video, creative works or other information,
messages, transmissions or material to us, the Site or others ("Post"
or "Postings"). Postings do not reflect the views of UNI-TALK; and
UNI-TALK does not have any obligation to monitor, edit, or review any
Postings on the Site. UNI-TALK assumes NO responsibility or liability
arising from the content of any such Postings nor for any error,
defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any
information within such Postings on the Site. You are strictly
prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. UNI-TALK will fully cooperate with any
law enforcement authorities or court order requesting or directing
Universal to disclose the identity of anyone posting any such
information or materials.
Indemnification
You agree to indemnify, defend and hold UNI-TALK and its parent,
affiliates, and their respective officers, directors, owners,
employees, agents, information providers and licensors (collectively
the "Indemnified Parties") harmless from and against any and all
claims, liability, losses, actions, suits, costs and expenses
(including attorneys' fees) arising out of or incurred by any breach by
you of these Terms and Conditions. UNI-TALK reserves the right, at its
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you
agree to cooperate with UNI-TALK's defense of such claim.
Registration
Should UNI-TALK choose to provide member-based services ("Services") on
the Site, when you register to use these Services, you may be required
to provide certain personally identifiable information about yourself.
You agree to provide true, accurate and complete information about
yourself, and to update the information when it changes. If you provide
any information that is untrue or inaccurate, not current, or
incomplete, or if UNI-TALK suspects that your information is untrue,
inaccurate, or incomplete, then UNI-TALK may, in its sole discretion,
suspend, terminate, or refuse future access to your membership in these
Services. Any personally identifiable information provided at points of
registration on the Site will be subject to the Steve Wilkos Web Site
Privacy Policy which can be read by clicking here.
Termination
UNI-TALK may, in its sole discretion, terminate your password, account
(or any part thereof) or your access to the Site, or remove and discard
any Communication transmitted by you, or information stored, sent, or
received via the Site without prior notice and for any reason,
including, but not limited to: (i)
concurrent access of the Site with identical user identification
numbers, (ii) permitting another person or entity to use your user
identification number to access the Site, (iii) any other access or use
of the Site except as expressly provided in this Agreement, (iv) any
violation of the terms and conditions of this Agreement or the rules
and regulations relating to the use of, the software and/or data files
contained in, or accessed through, the Site, (v) tampering with or
alteration of any of the software and/or data files contained in, or
accessed through, the Site, or (vi) failure to use the Site or portion
thereof on a regular basis. You may terminate your membership hereunder
upon thirty (30) days written notice by you to UNI-TALK of your intent
to terminate this Agreement. Termination, suspension, or cancellation
of this Agreement or your access rights shall not affect any right or
relief to which UNI-TALK may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you will
automatically terminate and immediately revert to UNI-TALK and its
licensors.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, UNI-TALK hereby
notifies you that parental control protections (such as computer
hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such protections
is available at the American Links Up web site, http://www.netparents.org. To view information on our policy regarding the privacy of information from children under the age of 13, please click here to read the Steve Wilkos Web Site Privacy Policy.
Export Control
The Site is controlled and Operated by UNI-TALK from its offices within the State of California, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about UNI-TALK's products and services available in the United States.
UNI-TALK makes no representation that the materials in the Site are
appropriate or available for use in other locations and other
countries. Those who choose to access the Site from other locations or
other countries do so on their own initiative and are responsible for
compliance with local laws in that territory, if and to the extent that
local laws are applicable. Software available from the Site is further
subject to United States
export controls. No software from the Site may be downloaded or
otherwise exported or re-exported: (A) into (or to a national resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods, or (B) to anyone on the U. S.
Treasury Department list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Site, 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.
Infringement Policy
UNI-TALK, pursuant to 17 U.S.C. Section 512 as amended by Title II of
the Digital Millennium Copyright Act (the "Act"), reserves the right,
but not the obligation, to terminate your license to use the Site if it
determines in its sole and absolute discretion that you are involved in
infringing activity, including allege acts of first-time or repeat
infringement, regardless of whether the material or activity is
ultimately determined to be infringing. UNI-TALK accommodates and does
not interfere with standard technical measures used by copyright owners
to protect their materials. In addition, pursuant to 17 U.S.C. Section
512 (c), UNI-TALK has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be submitted
to UNI-TALK in a written complaint that complies with the requirements
below and delivered to our designated agent to receive notification of
claimed infringement by mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, RM. 1081E
New York, NY 10009
Email: dmca-agent@nbci.com
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other
proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on
behalf of (1) the owner of an exclusive right that is allegedly
infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site. Similarly, for materials that are defamatory or
infringe patent, trademark, or other proprietary rights of a third
party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to
be the subject of infringing activity, or that is claimed to be
defamatory and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate
the material.
D. Information reasonably sufficient to permit us to contact you, such
as your address, telephone number, and/ or e-mail address.
E. A statement that you have a good faith belief that use of the
material, in the manner complained, of is not authorized by the
copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed or on
behalf of the person defamed.
Governance
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York,
as it is applied to agreements entered into and to be performed
entirely with such state. Any action you, any third party or UNI-TALK
bring to enforce this agreement or, in connection with, any matters
related to this Site shall be brought only in either the state or
Federal Courts located in New York County, New York
and you expressly consent to the jurisdiction of said courts. 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. This agreement and any posted operating rules
constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between the
parties with respect to such subject matter.