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Terms of Use

Welcome to WWW.BROADCASTIMAGE.COM (the "Site", "us" or "we"), the official website of The Broadcast Image Group, Inc. ("BIG"). This Site is owned and operated by BIG. This Site provides interactive services for companies, corporations, and individuals that have entered into a contractual relationship with BIG to provide consulting and other advisory services ("Clients") and the Site also facilitates the collection of personal information from individuals interested in being considered for job listings posted on the Site ("Applicant(s)").

The words "use" or "using" in this Agreement means any time an individual or entity, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from this Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service, or feature of the Site, for any purpose whatsoever. The terms "you", "your" and "user" in this Agreement refers to all individuals or entities accessing this Site for any purpose whatsoever.

If you do submit Personal Information to the Site, such as an email address, you understand that you enter into a binding agreement with BIG under the terms and conditions of the Terms of Use as posted on the Site each and every time you visit the Site. If you submit Applicant Information to the Site, you understand, acknowledge and agree that you are subject to this Agreement in effect at the time you submit your Applicant Information subject to any furute modification as specified in below in the "Changes to this Agreement" section.

Eligibility of Applicants and Acceptance of Terms and Conditions

Applicants who provide Applicant Information through the Site must be at least 18 years of age and a legal resident of the United States. By using the "Apply Online" function of the Site, an Applicant certifies that he/she is at least 18 years of age and meets the residency requirements of the Site.

This page states the terms and conditions forming the agreement under which you may use the Site. Please read this page carefully. If you do not accept this Terms of Use Agreement ("Agreement"), please do not use this website. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement. The Privacy Policy is hereby incorporated in this Agreement by reference. This Agreement will remain in full force and effect as long as you are a Client or Applicant of the Site and in the event of termination of any service or feature, you will still be bound by your obligations under this Agreement including any indemnifications, warranties, and limitations of liability.

Changes to this Agreement

WWW.BROADCASTIMAGE.COM may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. We will post a notice on the homepage of the Site notifying all uses of any revisions to this Agreement. You should visit this page periodically to review this Agreement, because they are binding on you.

Copyright, Trademark, and Proprietary Rights

The contents of this Site, including all software, designs, photographs, logos, graphics, artwork, images, audio clips, video clips, and other material including the selection and arrangements thereof, copyrights, trademarks, service marks, and trade names (the "Material") are owned or under the control of BIG, the Site’s design, hosting, or programming vendor ("Operational Service Providers") and/or BIG’s Clients. The Material is protected, without limitation, pursuant to United States and foreign copyright, trademark, and other applicable laws and treaties. Unauthorized use of the Material may violate such laws and treaties.

You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-commercial, non-assignable and non-transferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark, and other proprietary notices contained in the original Material and any copy you make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without express written consent of BIG. Furthermore, you also agree not to reproduce, display, or use in any manner BIG’s or the Site’s trademarks, including, without limitation, domain names and logos, without the express written consent of BIG. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

You are authorized to download and view a single copy of the Material on the Site solely for your personal, non-commercial use provided that you shall not, nor will you allow any third party to copy, adapt the object code of the Site’s software, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that the Site creates to generate its pages on the Site.

Accessing, viewing or downloading the Material may not be lawful by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.

Notwithstanding any statement to the contrary in this Agreement, you will not attempt to use, and shall cause any party under your control not to use or attempt to use, any engine, software, tool, agent, or other device, or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third party web browsers (e.g. Firefox, Safari, or Microsoft Internet Explorer).

Copyright Infringement Notification Process

As stated above, we prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you must provide our DMCA Copyright Agent with a written notification. To be effective, the notification must contain the following information in accordance with the Digital Millennium Copyright Act:
  1. An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the notification.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
  3. Identification of material 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 us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
  5. A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
  6. 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 copyright right that is allegedly infringed.
This Site’s DMCA Copyright Agent for receiving claims of copyright infringement is:

Linda Lee Ozuna
DMCA Copyright Agent
The Broadcast Image Group
7744 Broadway, Suite 100
San Antonio, TX 78209

210-828-6664 (Phone)
210-828-6225 (Fax)
email: BIGDMCAAgent@broadcastimage.com


The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted submission for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. ยง 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

Email

Email is an important communications tool used by the Site and BIG. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of your email for administrative and correspondence purposes. Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas, or any other non-personal information, will be deemed non-confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that submission of such information will in no way prevent the unlimited and unrestricted free use by BIG or the Site of any products, services, plans or ideas included in such submissions.

Hyperlinks to Third Party Websites

The Site provides links to third party websites and other resources that could be of interest to users. You understand, acknowledge, and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site or BIG of the content, advertising, or business practices (including privacy policies) of such third party websites. These third party websites may have different privacy policies and business practices from us. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality, or completeness of the content or activities conducted on such websites. You further agree that the Site, BIG, and its Operational Service Providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising, or business practices of linked third party sites. If you decide to access and use any linked third party websites, you understand, acknowledge and agree that you do so at your own risk.

Privacy Policy

To apply for a job listed on the Site, Applicants will be asked to provide certain true, complete and current Applicant Information. All Applicant Information collected from Applicants is subject to our Privacy Policy, which is incorporated by reference into this Agreement. For more information, please see our Privacy Policy.

Modification, Suspension, or Discontinuance of the Site

The Site reserves the right, at its sole discretion, to modify or discontinue any services provided for on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge, and agree that the Site will not be liable to you or any third party for any such modification, suspension, or discontinuance of the services provided by the Site.

Client Access

BIG Clients are able to access certain interactive services and information ("Client Area") through the use of a unique user name and password. If a Client is found to share its password with any individual or company who is not authorized by BIG to access the Client Area, the Client will have its access terminated. If an employee of a Client who has access to the Client's unique user name and password is terminated by the Client, the Client must change its password to prevent unauthorized access to the Client Area. If it is discovered by BIG or the Site that a Client's user name and password is being used by an unauthorized party, then the Site will change the Client's password and notify an authorized employee of the Client of the change. When a Client terminates its relationship with BIG, the Site will terminate the Client's access to the Client Area.

Site Security

As a user of the Site, the following actions are prohibited:
  1. Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.
  2. Attempting to probe, scan, or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
  3. Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of a transmission through the Site.
  4. Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," "spimming," "phishing," or "crashing" the Site or the server of any user.
  5. Harvesting email address off this Site through an automated process.
  6. Bypassing this Site's homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without express written permission from BIG. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of BIG.
  7. Attempting to gain unauthorized access to the Site's services and information.
  8. Falsifying identification or impersonating any person or entity, including, but not limited to, a BIG or a Client employee, when accessing the Site's services and information.
  9. Setting up fake sites or dummy sites that appear to be this Site, mirroring the Site's contents, or otherwise copying any part of the Site Material and/or layout.
Violations of the Site's system or network security system may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user's employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. The Site will also terminate the access of any Client or users who, in the sole opinion of the Site, violates its security provisions.

Accuracy of Information and Material on the Site

The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site and BIG reserve the right to make changes to the Site and Material at any time.

Indemnification and Limitation of Liability

IN NO EVENT SHALL THE SITE, BIG, OR ITS OPERATIONAL SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES, OR LOSSES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE OR YOUR INABILITY TO USE THE SITE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR APPLICANT INFORMATION OR TRANSMISSION, OR ANY OTHER INTANGIBLE WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties

THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THEIR MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY FOR THE SITE TO USERS FOR ALL CLAIMS ARISING FROM YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE THIS SITE OR ANY OF THE MATERIAL OR SOFTWARE IS LIMITED TO ONE DOLLAR ($1).

Legal Venue, General, and Contact Information

Except for matters related to copyright, trademark, or patent, which shall be governed by U.S. federal law, this Agreement is governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Texas. You agree to submit to the personal jurisdiction of the court in the State of Texas for any cause of action arising out of this Agreement.

If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and the Site with respect to the use of the Site.

The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

If you have any questions regarding this Agreement, please contact the Site's Privacy Administrator via email at privacyadministrator@broadcastimage.com, or contact:

WWW.BROADCASTIMAGE.COM
7744 Broadway
Suite 100
San Antonio, TX 78209
Attn: Privacy Administrator

This Terms of Use Agreement was last updated on June 23, 2009 and is effective immediately.


© 2017 The Broadcast Image Group