Wednesday, August 20, 2014

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:

  1. Do NOT respond to the email or click the link within the email (most are redirected to fraudulent websites or email accounts).
  2. Forward a copy of the email message to us at SR.COM@spokesman.com so we can further investigate the source of the message.
  3. 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.
  4. 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.




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