uShare Videos

	Today This Week 03/16/2010 Ice jams in Turner county (User Submitted Video) Viewed 280 times
	03/18/2010 Local legend falls after hit by drunk driver (User Submitted Video) Viewed 271 times
	03/15/2010 Spillway at Lake Mitchell (User Submitted Video) Viewed 136 times
	09/26/2009 Jim Fowler Behind the Scenes (User Submitted Video) Viewed 30 times
	11/22/2009 Thanksgiving Travel Forecast (User Submitted Video) Viewed 28 times

*E-mail:		To upload your video enter your keloland.com username and password or register for free. Video Format: .wmv, .avi, .mov, .mpg Size: 10Mb or less
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KELO-TV and uShare Terms of Use Last Updated: September 24, 2008 1. Acceptance of Terms as a Condition of Use By accessing and using the uShare Website run by KELO-TV (“KELO” or “we”), you agree to the following Terms of Use. No permission to use uShare will be granted except through these Terms of Use. Anyone not willing to agree to these Terms of Use should exit the website immediately. From time to time, in KELO’s sole discretion, these Terms of Use may be altered without notice. Your continued use of the uShare Website after a modification of the Terms of Use constitutes acceptance of the modified terms. 2. General Terms of Use uShare and keloland.com are for use by individuals over 13 years of age. By using the uShare Website you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the Terms of Use. These Terms of Use are a binding contract between you and KELO. You will receive a password and account designation upon completing the uShare registration process. You are responsible for maintaining the confidentiality of the password and the account. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KELO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 3. Definitions "uShare," "uShare Website" or "Websites" mean, collectively, uShare, KELO and its affiliate Websites, present sites and any future sites, including but not limited to: http://www.keloland.com and any and all on-line services operated by KELO on the Internet, including any and all information and material provided by KELO. Any content submitted to keloland.com, including but not limited to uShare Photos, uShare Videos and uShare Reports by you through your account shall be termed “uShare Content.” "You" means the user of uShare and keloland.com "Privacy Policy" means KELO’s current Privacy Policy, available at http://www.keloland.com/custompages/privacy.cfm. "Terms of Use" means the current Terms of Use in effect as set forth herein or elsewhere on the uShare Website and www.keloland.com. 4. Submissions By submitting any content to KELO and uShare, including but not limited to a uShare Photo, uShare Video, or uShare Report, you: (A.) grant KELO a worldwide, perpetual, royalty-free, assignable and sublicenseable license to use, modify and exploit the uShare Content by any means or manner now known or hereafter to become known. You specifically acknowledge KELO may do anything to the uShare Content that you, as copyright holder and/or content creator, are permitted to do under the law; (B.) acknowledge KELO is under no obligation to use, publish or broadcast the uShare Content; (C.) waive any right to attribution or compensation; (D) warrant that the uShare Content is your own, original creation, and does not infringe any legal rights of any third party, including, but not limited to, copyrights or rights of publicity; (E) acknowledge and agree that KELO does not endorse any uShare Content or any opinion, recommendation or advice expressed therein; (F) warrant that the uShare Content does not contain any material that is fraudulent, harassing, defamatory, obscene, pornographic, hateful, racially-offensive, ethnically-offensive, demeaning to a sexual orientation, or encouraging of behavior that violates any local, state or federal law. You agree KELO is the sole judge as to the meaning of the foregoing terms; (G) agree not to post material which merely serves as an advertisement or promotion for a product or service; (H) grant KELO a worldwide, perpetual, royalty-free, assignable and sublicenseable license to use your image and, biographical data and/or any other identifying factors about you in connection with the uShare Content you submit; (I) agree that KELO may remove any uShare Content for any reason or no reason at all, and may terminate or suspend your account for any violation of these Terms of Use; and (J) agree to abide by KELO’s interpretation of appropriateness for publication, good taste and discretion as it relates to keloland.com and uShare. 6. Disclaimer of Warranty; Limitation of Liability (A) You expressly agree your use of uShare is at your sole risk. Neither KELO, its affiliates nor any of their respective employees, or agents warrant that uShare or keloland.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of uShare, or as to the accuracy, reliability or content of any information, service, or merchandise provided through uShare. (B) uShare 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 modificiation under the laws applicable to these terms of use. (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. YOU SPECIFICALLY ACKNOWLEDGE uSHARE AND KELO ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF uSHARE AND KELOLAND.COM OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. (D) IN NO EVENT WILL uSHARE AND KELO, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING USHARE OR KELOLAND.COM, 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 uSHARE AND KELOLAND.COM, NOR SHALL uSHARE AND KELO, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING KELOLAND.COM BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO uSHARE AND KELOLAND.COM, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON USHARE AND KELOLAND.COM. (E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER uSHARE, KELO, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN USHARE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER uSHARE, KELO, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. (F) KELO makes reasonable efforts to protect personally identifiable information about you, as explained in its Privacy Policy, but KELO disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing uShare and keloland.com, you acknowledge and agree to KELO's disclaimer of any such liability. If you do not agree, you should not use uShare and keloland.com. 7. Termination You agree that KELO, in its sole discretion, may terminate your Account, password, User Name, and/or use of the Web sites, and may remove and discard any content within the uShare Websites, for any reason, including, without limitation, if KELO believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Websites under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that KELO may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Websites. Further, you agree KELO shall not be liable to you or any third-party for any termination of your access to the Websites. 8. Indemnification You agree to defend, indemnify and hold harmless uShare, KELO, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of uShare by you or your Account by you or any other person using the Account. KELO reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide KELO with such cooperation as is reasonably requested by KELO. 9. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any uShare Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • 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; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • 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 owner, its agent, or the law; and • 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. KELO's designated Copyright Agent to receive notifications of claimed infringement is: Jay Huizenga, 501 S. Phillips Avenue - Sioux Falls, SD 57104, email: jhuizenga@keloland.com; fax: 605-357-5530 Counter-Notice. If you believe that your uShare Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your uShare Content, you may send a counter-notice containing the following information to the Copyright Agent: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Sioux Falls, South Dakota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, KELO may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at KELO's sole discretion. * I agree to the terms of use

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