Terms and Conditions

The site you came here from is brought to you by Apple Valley Broadcasting, Inc. ("AVBI"). Please take a moment to read our Terms and Conditions. By using the site, you agree to the Terms and Conditions. Please note that the Internet is a rapidly changing medium and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.

This site is controlled and operated by AVBI from its offices within the United States of America. AVBI 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 Materials in violation of and U.S. export law or regulation.

We respect the privacy of our users. Please take a moment to review our if you have any concerns regarding privacy, or contact us at for more information.

Please be aware that the material that appears on our site is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on this website are designed for convenience only, and do not constitute an endorsement by AVBI of that site or any product, service or other material offered on that site.

Ownership of Materials

Except as otherwise noted, the information and/or software within this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of AVBI or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without AVBI’s prior written permission. Except as expressly provided herein, AVBI grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us at .

Single Copy License

You may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.

Linking and Framing

You may link to our home page, provided that any such link does not imply any sponsorship of your site by AVBI, but if you wish to link to material contained at other levels within the site, please contact us at for permission to do so.

You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of AVBI. Requests for permission to frame our content may be sent to .

Trademarks

You may not use any trademark or service mark appearing on our website without the prior written consent of the owner of the mark. The following marks are the property of AVBI, Apple Valley Broadcasting, Inc., KAPP, KAPP-TV, KVEW, KVEW-TV, AVENUE 77, KAPP 35, KVEW 42.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF, CURRENTNES, 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 AVBI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, 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 MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF AVBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVBI DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED 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 AVBI IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.)

Copyright and Designated Copyright Agent

We respect the copyright and other intellectual property rights of others, and we expect that users of our service will do the same. If you believe that material which infringes a copyright is available on our site, please notify us immediately. Pursuant to that, we have designated an agent for receipt of such notices. AVBI’s Agent for Notice of claims of copyright infringement on its site is Brian Burns, who can be contacted at:

Brian Burns, Director of New Media, Morgan Murphy Media, P.O. Box 44965 Madison, WI 53744-4965 phone: (608)271-4321 email:brian@embtv.com

In order for us to investigate your request, your notice should provide the following information:

1. an electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner;

2. a description of the copyrighted work that you claim has been infringed at this site and where the material you claim to be infringing is located;

3. your address, telephone number, and email address;

4. a statement that you have a good faith belief that the use you allege to be infringing is not authorized by the owner of the copyright or its agent, or otherwise permitted by applicable law;

5. a statement by you, made under penalty of perjury, that all of the above information contained in the notice is accurate and that you are the either the copyright owner or you are authorized to act on the copyright owner's behalf.

Termination

This agreement is effective until terminated by AVBI, at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to material downloaded from the Interactive Services, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

No Unlawful or Prohibited Use

As a condition of your use of this site, you warrant to AVBI that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Jurisdiction; Miscellaneous

These Terms and Conditions have been made in and shall be construed in accordance with the laws of the State of Minnesota without giving effect to its conflict of law provisions. By using this service, you consent to the exclusive jurisdiction of the appropriate state or federal courts in Minnesota in any dispute arising out of or relating to this agreement or use of this 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.

Interactive Services

AVBI may offer chat rooms, discussion forums, bulletin boards, and other similar services (collectively, "Interactive Services"). AVBI does not control the Materials submitted to the Interactive Services. We provide the Interactive Services for the convenience of our users, but expect that you will use them responsibly. As a result, if you make use of these services, you agree that you will use the Interactive Services only to send and receive Materials that are proper to the Interactive Services. If you post Materials using the Interactive Services, you remain solely responsible for the content.

By way of example, and not as a limitation, you agree that when using the Interactive Services you will not: (a) Restrict or inhibit any other user from using and enjoying the Interactive Services; (b) abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) submit, post, distribute or otherwise disseminate Materials that, in AVBI’s reasonable discretion are: defamatory, infringing, obscene, indecent or unlawful, or may otherwise subject AVBI to criminal or civil liability; (d) submit, post, distribute or otherwise disseminate files that contain viruses, corrupted files, or any other similar software or programs; (e) submit, post, distribute or otherwise disseminate Materials containing advertisements, any solicitation of funds, goods or services, or any other Materials which have a primarily commercial purpose; (f) submit, post, distribute or otherwise disseminate Materials to encourage users to participate in surveys, contests, or chain letters.

You understand that AVBI (1) does not and cannot review every message or other Materials submitted, posted, distributed or otherwise disseminated by our users; (2) assumes no obligation to do so; and (3) is not responsible for content posted by third parties. AVBI does, however, reserve the right to refuse, delete, move or edit Materials that, in AVBI’s sole discretion, are objectionable or in violation of these Terms and Conditions and to disclose any information as necessary to satisfy any applicable law, rule, regulation, legal process or governmental request.

License to AVBI

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Interactive Services (including submitting letters to the Editor or articles), you grant AVBI a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; (b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted in subsection (a) with respect to the communication. The rights granted in this paragraph include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

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