SERVICE AGREEMENT
1. GENERAL TERMS, CONDITIONS AND DEFINITIONS
2. S-R.COM CONTENTS AND USER SUBMISSIONS
3. FORUMS, DISCUSSIONS AND USERS' COMMENTS
4. ACCESS AND AVAILABILITY OF SERVICE AND
LINKS
5. REPRESENTATIONS AND WARRANTIES
6. REGISTRATION AND SECURITY
7. FEES AND PAYMENTS
8. COMMUNICATIONS BETWEEN S-R.COM
AND USERS
9. TERMINATION
10. MISCELLANEOUS
1. GENERAL TERMS, CONDITIONS AND DEFINITIONS
If you choose to use any of THE SPOKESMAN-REVIEW Web services, including all web sites now or hereafter owned or controlled by us, but not limited to SpokesmanReview.com, SpokesmanJobs.com, SpokesmanAuto.com, SpokesmanHomes.com, SpokesmanVideos.com, SpokesmanClassifieds.com, SpokesmanPersonals.com, SpokesmanFantasySports.com, Spokane7.com, Spokane.net, SpokaneAds.net, AwayFinderOnline.com, BizFinderNW.com and GoGolfNW.com, hereinafter collectively referred to as "S-R.COM" or "we," you agree to abide by all of the terms and conditions
of this Agreement, and we agree to provide our services to
you, subject to the following terms and conditions. We reserve
the right to change, add or remove portions of this Agreement
at any time; but if we do, we will post those changes on our
Web site, and you will be able to review the most current
version of this Service Agreement at any time by clicking
through to:
SERVICE AGREEMENT
In addition, when using certain services provided by S-R.COM,
you will be subject to any posted guidelines or rules applicable
to such services.
IF ANY OF THE TERMS, CONDITIONS OR FUTURE
CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU MAY
CANCEL YOUR ACCOUNT BY ACCESSING YOUR MEMBER PROFILE ONLINE.
YOUR CONTINUED USE OF OUR WEB SERVICES NOW, OR FOLLOWING ANY CHANGES
TO THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY
YOU OF SUCH TERMS, CONDITIONS, CHANGES, OR MODIFICATIONS.
We reserve the right to change, suspend or discontinue any
aspect of our Web services at any time, including the availability
of any service feature, database, or content. We may also
impose limits on certain features and services or restrict
your access to parts or all of our services without notice
or liability.
2. S-R.COM CONTENTS AND USER SUBMISSIONS
The contents of the S-R.COM Web services are intended for
your personal, noncommercial use. All materials published
on S-R.COM (including, but not limited to news articles, photographs,
images, illustrations, audio clips and video clips, also known
as the "Contents") are protected by copyright, and
owned or controlled by The Spokesman-Review, Cowles Publishing
Company, or the party credited as the provider of the Contents.
You agree to abide by all additional copyright notices, information,
or restrictions contained in any Contents accessed through
our Web services.
Our Web services and their Contents are protected by copyright pursuant
to U.S. and international copyright laws. You may not modify,
publish, transmit, participate in the transfer or sale of,
reproduce (except as provided in the following paragraph of
this Agreement), create new works from, distribute, perform,
display, or in any way exploit, any of the Contents of our
Web services (including software) in whole or in part. To read
our complete policy concerning copyrights, click through to:
COPYRIGHT
POLICY
You may, however, download or copy the Contents and other downloadable
items displayed on our Web services for your personal use
only, provided that you maintain all copyright and
other notices contained therein. Copying or storing of any
Contents for other than personal use is expressly prohibited
without prior written permission from us or from the copyright
holder identified in the copyright notice contained in the
Contents. Requests for permission to reproduce or reprint copyrighted
material should be mailed or faxed to:
The Spokesman-Review
Rights & Permissions
P.O. Box 2160
Spokane, WA 99210-2160
FAX: 509.744.5637
Certain Contents are furnished by the Associated Press and other
news wire services, which will not be liable for any delays,
inaccuracies, errors or omissions in any such Contents, or in
the transmission or delivery of all or any part thereof, or
for any damages arising therefrom.
3. FORUMS, DISCUSSIONS AND USERS' COMMENTS
If you submit any commentary to forums, discussions and/or message
boards now or hereafter offered by S-R.COM, you agree to abide
by our FORUM STANDARDS at:
FORUM STANDARDS
By submitting commentary to any of our forums, you are consenting
to its display on our site.
4. ACCESS AND AVAILABILITY OF
WEB SERVICES AND LINKS
Our Web services may contain links to other related World Wide
Web Internet sites, resources, and sponsors or advertisers
of S-R.COM. Since we are not responsible for the availability
of these outside resources or their contents, you should direct
any concerns regarding any external link to the site administrator
or Webmaster of the appropriate site.
5. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials
of any kind submitted through your individual account will
(i) violate, plagiarize, or infringe upon the rights of any
third party, including copyright, trademark, privacy or other
personal or proprietary rights; or (ii) contain libelous or
otherwise unlawful material; and (b) that you are
at least thirteen years old. You hereby indemnify,
defend and hold harmless The Spokesman-Review and its affiliated Web services (S-R.COM)
and Cowles Publishing Company, and all officers, directors,
owners, agents, information providers, affiliates, licensors
and licensees (collectively, the "Indemnified Parties")
from and against any and all liability and costs, including,
without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising
out of any breach by you or any user of your account of this
Agreement or the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required
in the defense of any such claim. We reserve the right, at
our own expense, to assume the exclusive defense and control
of any matter subject to indemnification by you.
S-R.COM does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed,
uploaded, or distributed through our Web services by any user,
information provider or any other person or entity. You acknowledge
that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. OUR
WEB SERVICES AND ANY DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. YOU AGREE THAT USE OF OUR WEB SERVICES
IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
If you are required to register for any of our Web services, you will select a password.
You also are required to give us certain registration information,
all of which must be accurate and updated. You may not (a)
select or use an email address or password of another person
with the intent to impersonate that person; (b) use an email
address or password in which another person has rights without
such person's authorization; or (c) use an email address or
password that we, in our sole discretion, deem offensive.
Failure to comply with the foregoing shall constitute a breach
of this Agreement, which may result in immediate termination
of your account. You shall be responsible for maintaining
the confidentiality of your password.
You agree to immediately notify us through our CUSTOMER SERVICE REQUEST page at:
https://secure.spokesmanreview.com/onlinesub/messaging.aspx
of any known or suspected unauthorized use(s) of your individual account or of any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your password or
credit card information.
You must be 13 years or older to register for an individual account with our Web services; however, persons of all
ages may use our Web services. You may share your email address and password
with others; but you are responsible for all use or activity
on your individual account, including use of the account by
any third party authorized by you to use your email address
and password. Any fraudulent, abusive, or otherwise illegal
activity may be grounds for termination of your account,
at our sole discretion, and we may also refer you to appropriate
law enforcement agencies.
7. FEES AND PAYMENTS
If fees are required for any of our Web services, you agree to pay us the monthly fee(s) required for
access to the Web services we provide. All fees are due immediately
and are payable online by credit card. All fees are non-refundable.
The initial term of your individual account will begin on the day
your credit card is charged for the Web services ("Anniversary
Date") and is renewable automatically thereafter on a
month-to-month basis, unless otherwise terminated by you or
by us as provided for in this Agreement. If your credit card
charge date is on or after the 28th day of the month, your
Anniversary Date will be automatically adjusted to the 1st
of each month. Any monthly renewal of your individual account is subject
to the then-current terms and conditions of this Agreement and payment of the monthly fee. You are solely responsible
for keeping your credit card information current at all times
and may make any necessary changes or updates online by accessing
your Member Profile page. All payments shall be made in U.S.
dollars. You authorize us to charge your credit card for the
initial monthly fee.
WE WILL NOT GIVE YOU ANY NOTICE PRIOR TO RENEWING YOUR ACCOUNT FROM MONTH TO MONTH. Unless you terminate your individual account
with us or we terminate your account for reasons allowed
in this Agreement, your credit card will automatically be
charged for each monthly renewal period on or after your Anniversary
Date. You hereby authorize us to charge your credit card for
each monthly renewal period until termination of your individual
account. If we cannot collect the full monthly renewal fee
from you or if the charge to your credit card is denied for
any reason, we will have the right to immediately terminate
your account.
We reserve the right at any time to amend fees for access
to all or portions of our Web services. However, in no event will
you be charged additional fees to our Web services unless we obtain
your prior agreement to pay such charges. Therefore, if at
any time we require a fee for portions of our Web services that
are now free, we will give you advanced notice of our intent
to charge such fees, giving you the opportunity to cancel
your account before such charges are imposed. All
new fees, if any, will be posted in appropriate locations
on our Web services. You shall pay all fees and charges incurred
through your individual account at the rates in effect for
the Web service period in which such fees and charges are incurred,
including, but not limited to charges for any products or
services offered for sale through our Web services by us or by
any other vendor or service provider. All such fees and charges
shall be paid for by you. You shall also pay all applicable
taxes, if any, relating to use of our Web services through your
individual account.
8. COMMUNICATIONS BETWEEN
S-R.COM AND USERS
We reserve the right to send electronic mail to you for the
purpose of informing you of changes or additions to our Web services.
We reserve the right to disclose information about your usage
and demographics, provided that we will not reveal your personal
identity in connection with the disclosure of such information.
Advertisers and/or Licensees on our Web services may collect and
share information about you only if you indicate your acceptance.
For more, information please read our:
PRIVACY POLICY
We may contact you via email regarding your participation
in user surveys, asking for feedback on our Web services and existing
or prospective products and services. This information will
be used to improve our Web services and better understand our
users, and any information we obtain in such surveys will
not be shared with third parties, except in aggregate form.
How to recognize a valid email
We will never send an email that requires users of our Web services to provide private or personal information to us via email or pop-up windows. Any unsolicited request for your individual account or personal information you receive through emails, websites or pop-up windows should be considered fraudulent.
Reporting suspicious email or email fraud
If you receive a suspicious email ("phishing" email) claiming to be from S-R.COM or any of our Web services, you should immediately do the following:
- Do NOT respond to the email or click the link within the email (most are redirected to fraudulent websites or email accounts).
- Forward a copy of the email message to us at SR.COM@spokesman.com so we can further investigate the source of the message.
- If you have inadvertently given out your S-R.COM individual account information, contact us immediately by email at SR.COM@spokesman.com or by telephone at 509.459.5603.
- Report this email fraud to the Federal Trade Commission via their Identity Theft website or by calling 1.877.IDTHEFT and to the FBI's Internet Crime Complaint Center at http://www.ic3.gov.
9. TERMINATION
You may terminate your individual account at any time by accessing
your Member Profile page online. Upon termination, your access
to our Web services will be suspended on the last day of your currently
pre-paid account. You are responsible for any and all charges
incurred (for products or services purchased) up to the time
your account is deactivated. No refunds will be
made for partial-month fees, whether or not you
choose to access our Web services through the final date your
individual account is active.
We may, in our sole discretion, terminate or suspend your
access to all or part of our Web services for any reason, including,
without limitation, breach or assignment of this Service
Agreement. In the event your access is terminated by us, you
will forfeit any partial-month fees remaining on
your account. YOU HEREBY ACKNOWLEDGE AND AGREE TO FORFEIT
ANY PARTIAL-MONTH FEES REMAINING ON YOUR ACCOUNT
AND AGREE THAT S-R.COM MAY RETAIN ANY SUCH RESIDUAL IN THE
EVENT OF TERMINATION OF YOUR INDIVIDUAL ACCOUNT.
10. MISCELLANEOUS
(a) This Agreement has been made in and shall be construed
and enforced in accordance with the laws of the State of Washington.
Any action to enforce this Agreement shall be brought in the
federal or state courts located in Spokane, Washington.
(b) Notwithstanding any of the foregoing, nothing in this
Service Agreement will serve to preempt the promises made
in our PRIVACY POLICY.
(c) For further assistance, click through to our Customer
Service Request page at:
https://secure.spokesmanreview.com/onlinesub/messaging.aspx
(d) You agree to report any copyright violations of this
Agreement to S-R.COM as soon as you become aware of them. In
the event you have a claim of copyright infringement with
respect to material that is contained on our Web services, please
notify us by sending email to copyrights@spokesman.com.
Spokane and Spokane Valley, Wash., Coeur d'Alene, Idaho and the Inland Northwest
©Copyright 2008, The Spokesman-Review
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