Terms of Service

Usher Media of Omaha, LLC Website Terms of Use

Acceptance Through Use. This website (the “Site”) is operated by Usher Media of Omaha, LLC (“Operator”). By using the site, you agree to be bound by all of the terms, conditions, and notices contained or referenced herein (collectively, the “Terms of Use”). You should review the Terms of Use periodically. Operator may change any of the Terms of Use at any time by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not agree to all of the Terms of Use, you must exit the Site immediately. You acknowledge that these Terms of Use are supported by valuable consideration, the receipt and adequacy of which are hereby acknowledged.  Such consideration includes but is not limited to the use of the sites, the receipt of materials, data, and information, and the possible use and display of your submissions.

No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age thirteen or younger). Children should not use the Site or submit any information to Operator.

Links to Third-Party Sites. The Site will contain links to websites operated by third parties. Such links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under the Operator’s control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to proceed to use that site.

Lawful Use. You warrant that you will not use the Site for any purpose that violates any laws or regulations or is prohibited by this agreement. You may not use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to access materials on the site that are not intentionally made available by the Owner and will not collect information about other site users, including email addresses or other information.

Intellectual Property. You acknowledge that all content and materials available at the Site (collectively, the “Content”) are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, or other proprietary rights and laws and, as between Operator and you, are owned exclusively by Operator. Except where otherwise noted, you may download, print, or view individual pages at the Site for private, noncommercial use, provided you do not delete, change, or otherwise modify any of the Content, including, but not limited to, any copyright or trademark notices. You may only use the Site and the Content as expressly permitted herein and for no other purpose. Except as authorized by Operator in writing on a case-by-case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks and may not be used without permission. The operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

User’s Grant of Limited License. By posting or submitting any content or other materials to the Site (collectively, the “User Content”), you grant Operator and its designees the right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the User Content in any form, anywhere and for any purpose. In addition, you represent and warrant that you own or otherwise control all of the rights to the User Content and that the use of the User Content by Operator and/or its designees as set forth in the preceding sentence will not infringe or violate the rights of any third party. Operator may monitor, edit, or delete the User Content as it appears on the Site at any time and for any or no reason without your permission. By posting User Content to the site, you agree that you will not submit any content that is inappropriate, profane, defamatory, threatening, harassing, obscene, indecent, or unlawful, or which infringes on others' rights, including intellectual property ownership, publicity, and privacy rights. You agree not to post files that are corrupted, or contain viruses or malware, or other programs that could damage the operation of another user’s computer. You agree not to advertise or offer to sell goods or services or use your postings for business purposes. You agree not to conduct or forward surveys, chain letters, contests, or pyramid schemes.

Privacy. You should review the Privacy Policy posted below on this page.

Text Messages. By joining any Operator-run subscription program or service, you authorize Operator to send you autodialed marketing text messages at the mobile number provided by you. Such consent is not required by you in order for you to have the ability to purchase goods or services from Operator.

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “SITE MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. OTHER THAN THOSE WARRANTIES  THAT  ARE  INCAPABLE  OF  EXCLUSION,  RESTRICTION, OR  MODIFICATION  UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE, OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, MEMBERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR  AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF OPERATOR  HAS BEEN ADVISED  OF  THE  POSSIBILITY  OF  SUCH  DAMAGES.  BECAUSE  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification. You are responsible for your activities on the Site. You agree to defend, indemnify, reimburse, and hold harmless the Released Parties from all liabilities, claims, and expenses, including, but not limited to, costs and attorneys’ fees, that arise in any way from your use of the Site or the Site Materials. Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Operator in asserting any available defenses.

International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.

Choice of Law. This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Iowa, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Linn County, State of Iowa, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability. These Terms of Use constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision hereof is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please send a notification of copyright infringement to the Service Provider’s Designated Agent. All inquiries not related to copyright infringement will not receive a response. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:
DMCA Designated Agent c/o Legal Department Usher Media of Omaha, LLC
2875 Mt. Vernon Rd. SE Cedar Rapids, IA 52403

By Email: dmca@ushermedia.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
•   (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
•   (ii) 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.
•   (iii) 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 Usher Media to locate the material.
•   (iv) Information reasonably sufficient to permit Usher Media to contact the complaining party, such as an address, telephone number, and, if available, an email address.
•   (v) A statement that the complaining party has 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.
•   (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

Contact Information. Questions concerning the Terms of Use or the Site should be directed to Usher Media of Omaha, LLC.