(Last Modified & Effective May 31, 2022)
Terms of Use
Welcome to this digital offering of Scripps Networks. (“Scripps”). This website, mobile application, or other digital offering (collectively, the “Sites”) or other services (collectively, the “Services”) operated by Scripps and its current and future affiliated companies are designed solely for your entertainment purposes. The Services include the Sites, services we provide to you through the Sites, “Third-party Platforms” (as defined and discussed below), and other locations which post, incorporate by reference, or link to these Terms of Use.
AGREEMENT
Please read these Terms of Use carefully. The terms and conditions set forth in these Terms of Use (“Terms of Use”) constitute a legally binding contract between you and Scripps and its current and future affiliated companies regarding your use of the Sites and our Services.
By using the Sites and Services, you are signifying your agreement with these Terms of Use. If you do not agree with the Terms of Use, or any part of them, do not use the Sites or Services. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which you acknowledge by using the Sites or Services, including, without limitation, your enjoyment and use of the Sites or Services and all features and activities made available through the Sites or Services, your receipt of data, materials and information made available through the Sites or Services. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States.
THESE TERMS OF USE ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Any defined terms used in the Terms of Use (such as “Sites,” “Services,” and “Scripps”) have the meanings given to them in these Terms of Use. When you see “we,” “our,” and “us” in these Terms of Use, it means Scripps. When you see “you” and “your,” it means you, the end user of the Services we provide.
These Terms of Use include important information and set forth the rules for your use of the Sites. We update these Terms of Use from time to time, so please check back frequently. We reserve the right, in our sole discretion, to update these Terms of Use from time to time when we deem appropriate. Changes will become effective ten (10) days after they are posted on the Sites or within the Services (“Effective Change Date”). These Terms of Use cannot be changed orally. Please review these Terms of Use periodically. Your continued use of the Services following the Effective Change Date will constitute your acceptance of those updated Terms of Use.
By using the Sites, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms of Use with your parent or legal guardian and he or she agrees to these Terms of Use on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with these Terms of Use. Access to and use of certain features or functions of the Sites may only be available to those individuals eighteen years of age or older, or other ages as Scripps deems appropriate for a particular feature or function in its discretion. If you are under 18 years of age, you understand that you cannot later void this agreement with Scripps as a minor without losing access to the Sites and your parents being held responsible for your actions and any obligations you have incurred while enjoying the benefits of access to the features and functions of the Sites as if you were an adult.
Supplemental terms and conditions may apply to some of the Services or Software (as defined below) we provide and will be disclosed to you in connection with the particular Services or Software. Those supplemental terms and conditions are in addition to, and not in place of, these Terms of Use. In the event of any conflict between those supplemental terms and these Terms of Use, those supplemental terms will prevail to the extent of the conflict.
License to Use Services
Subject to your continuing compliance with these Terms of Use, Scripps grants you the limited, personal, non-exclusive, non-transferable, revocable right during the Term to use the Services solely for your non-commercial, entertainment purposes, in a manner consistent with these Terms of Use. All rights not expressly granted by Scripps in these Terms of Use are reserved to Scripps. No license, permission, or right of access or use not expressly granted in these Terms of Use are implied. The Services are for the personal use of individual users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and businesses may not become registered members and should not use the Services for any purpose.
You understand and agree that Scripps may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion. We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion.
To use the Services, you acknowledge and agree that you may be required to (i) have a valid Account (as defined below) to access any features of the Services available only through creation of an Account), (ii) download and install certain Software that allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Scripps does not provide and which may impact your ability to access the Services from time to time for reasons outside of Scripps’s control), and (iv) download and install certain software provided by third parties not affiliated with Scripps (“Third-party Software”) (which may not work on your computer or other device, and which may impact your ability to access the Services for reasons outside of Scripps’s control) and enter into a separate agreement with the third-party for access to and use of such Third-party Software.
Privacy
Scripps respects the privacy of users of the Sites and Services. Our online information practices and the choices you can make about the way your information is collected and used at this site and other Sites and Services are discussed in detail in our Privacy Policy, which can be located in the footer or on the homepage of this site. Use of the Sites and Services is governed by our Privacy Policy.
Proprietary Rights
You agree that the Sites, the Services, and all features and elements of the Sites and Services (including without limitation, photographs, graphics, logos, audio, video, text, artwork, games, apps, “Software” (as defined and discussed below), and other software used to implement the Services) (collectively, “Materials”) are proprietary information and materials that are owned by Scripps, its licensors, and other sources. The Materials are protected by applicable U.S. and international intellectual property and other laws, including but not limited to copyright, trademark and patent laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or used in any manner, except as expressly permitted by these Terms of Use. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of the copyright, trademark and other proprietary rights of Scripps or other sources. You understand and agree that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or otherwise derive code from any information accessible through the Sites or the Services, whether encrypted or not, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act. You agree to abide by all copyright notices, information and restrictions included in any Materials.
Promotional Material and Advertising
The Sites and the Services may include promotional material and advertisements for products and services offered by third parties not affiliated with Scripps. By using the Services and agreeing to these Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Sites and the Services. You understand and agree that by clicking on a banner advertisement or link from our advertisers and sponsors, you will be taken to other sites, which are not operated by us or under our control. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Linked Sites
The Services may sometimes contain links to third-party Web sites (“Linked Sites”). The appearance of Linked Sites on the Services does not constitute endorsement by Scripps, its subsidiaries or affiliates of the opinions or views expressed by these Linked Sites. Scripps does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the Linked Sites, nor is Scripps responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by any Linked Sites. Neither Scripps nor any of its affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in the Linked Sites. If Linked Sites collect personal information or postings from end users, Scripps does not assume or have any responsibility or liability for the manner in which such information or postings are exploited, or for any claims, damages, or losses resulting from their use and/or appearance on the Linked Sites. Under no circumstances will Scripps be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within the Linked Sites.
Scripps welcomes links to this site and other Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Scripps, its affiliates, or any group or individual affiliated with Scripps. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Scripps’s prior written consent.
Copyrights and Copyright Agent
Scripps respects the rights of all copyright holders. Accordingly, Scripps has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Scripps’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations; (3) 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 Scripps to locate the material; (4) Information reasonably sufficient to permit Scripps to contact the complaining party; (5) 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; and (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 right that is allegedly infringed.
For copyright inquiries under the DMCA please contact:
David M. Giles Vice President and Deputy General Counsel
The E.W. Scripps Company
Attn: Copyright Agent
312 Walnut Street, Suite 2800, Cincinnati, Ohio, 45202
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
Please do not contact Scripps’ DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement.
Software
As part of the Services, Scripps may make available to you, for download, installation and use in accordance with and subject to these Terms of Use, certain software programs, including but not limited to mobile games and apps, downloadable/installable games for a personal computer, and games and services accessed by means of a browser, Third-party Platforms, or other online communication methods (collectively, the “Software”). The “Software” includes all associated data, content, graphics, sound effects, music, audio, video, text, updates, upgrades, bug fixes, manuals, packaging and other files, electronic or online materials or documentation, and any and all copies of such software and materials, which allow you to use the Services. The Software is licensed, not sold, to you. We do not transfer title to the Software to you. As to all Software that you download in connection with the Services, the following licensing terms and conditions apply. You may install the Software on any single computer, game platform, or mobile device (e.g., a mobile phone or tablet) and make one (1) copy for backup or archival purposes.
You acknowledge and agree that, as between you and Scripps, Scripps is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the Software, express or implied, beyond those granted specifically in these Terms of Use. We may provide updates, patches, upgrades, and enhancements to the Software from time to time in our discretion. However, neither these Terms of Use nor your Account entitle you to any subsequent releases of any Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you.
Subject to these Terms of Use, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license during the Term to use the Software solely in connection with accessing the Services in order to play the game or engage in the activity of which the Software is a part. You may not copy (except to install one copy on your fixed drive or storage device), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, or sublicense the Software. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third-party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered “Fair Use” under Federal Copyright law, and you agree to waive any claims of “Fair Use” as a defense for any reverse engineering, including any claims that such reverse engineering is being done for “interoperability purposes” under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.
For the purposes of updating, patching or otherwise modifying the Software, you hereby grant Scripps permission to (a) extract hardware system profile data from your computer or game platform; (b) extract information from your computer’s or game platform’s file directories pertaining to the Software and your ability to access the Services; and (c) download applicable Software, game content and game files to your computer and game platforms that are used to access the applicable Services.
Accounts
As part of the Services we provide, you may be able to register for an account (“Account”) and to access certain Services through your Account by means of an Internet connection or a wireless network (neither of which Scripps provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.
You agree that you will not share your Account with anyone or allow anyone else personally to access or use your Account, other than you and, if you are a minor, your parent(s) or guardian(s) who have rights to access and manage your Account. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.
Upon registration for an Account, you must create a password (“Password”). You must not disclose your Password to any third-party or allow anyone to use your Password to access the Services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event will Scripps be held responsible for any damage that occurs to your Account or any attributes of your Account, including without limitation, characters, objects, possessions, and points (collectively, “Account Attributes”). Scripps will not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third-party. It is also prohibited to obtain, attempt to obtain, use, or attempt to use anyone else’s password.
End User Content
The Services may afford you and other end users the means to upload and communicate information, including without limitation, messages, notes, comments, opinions, ideas, photos, drawings, images, videos, profiles, artwork, audiovisual works, musical compositions, lyrics, sound recordings, or other materials or information in e-mail, chat, chat rooms, forum discussions, and similar user-to-user areas (collectively, “End User Content”). You agree that you are responsible for your End User Content, that you have the right to post any End User Content that you submit through the Services, and that any End User Content you communicate or cause to be communicated does not and will not: (i) infringe the intellectual property, proprietary, privacy or publicity rights of any third-party; (ii) violate any law, rule or regulation; (iii) be defamatory, indecent, obscene, pornographic, harmful to minors, or otherwise inconsistent with these Terms of Use; or (iv) contain any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any Services, data, information, packets, or personally identifiable information. You agree that we may review, edit and delete any End User Content for any reason, including, in our sole judgment, that the End User Content violates these Terms of Use. Further, you acknowledge and agree that we may take any action we deem appropriate as to any End User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the Services.
License to End User Content
As to all End User Content that you submit, you hereby grant to us, our licensees, distributors, agents, representatives and other authorized users, a perpetual, worldwide, irrevocable, assignable, fully-paid, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your End User Content, and exploit the End User Content by any means, including by creating derivative works of End User Content or for purposes of advertising and promotion, in any medium now known or hereafter developed. You agree that you are not entitled to any payment, credit, notice attribution, or other compensation or consideration for any uses of End User Content by Scripps. If we facilitate the creation of materials through features or activities on our Sites or through our Services (including mash-ups, activities, sweepstakes, contests, promotions, forums, etc.) that require the use of our copyrighted Materials, in whole or in part, we hereby grant to you a non-exclusive license to create a derivative work using our copyrighted Materials, but only for the purpose of creating your materials as part of your enjoyment of the Services and always in accordance with these Terms of Use, and you agree that Scripps is the owner of such Materials and derivative works. If such rights in derivative works are not assignable to us, then your license to create derivative works using our copyrighted Materials shall be null and void. You agree to the foregoing whether or not your materials are used by us in any manner.
You acknowledge and agree that you must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any End User Content. Scripps reserves the right, but does not undertake the responsibility, to remove End User Content at any time that it deems to be harmful, offensive, or otherwise in violation of these Terms of Use. Without limitation of any of its other rights, Scripps will have the right to display and publish any information associated with any characters developed in your Account, for example, in charts, lists and other compilations, without any prior notification to you and without any compensation or any form of recompense whatsoever. Scripps also reserves the right to invoke the “safe harbor” provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Sites and Services. End User Content posted in public areas of the Services does not necessarily reflect the views of Scripps. In no event will Scripps assume or have any responsibility or liability for any End User Content posted or for any claims, damages or losses resulting from use of End User Content and/or appearance of End User Content on the Services.
You understand that you have no expectation of privacy regarding the communications you make in connection with the Services, including, without limitation, through private messaging, chat rooms, forums, message boards, profile pages, blogs or email functions (including send-a-friend cards) and that Scripps representatives may monitor all communications made by or received from you. You understand that you should never provide any private or personally identifiable information to any other player or end user, and you will not hold Scripps responsible for the consequences of any such disclosure by you. Further, you understand that in using the Services, you may encounter and converse with people who are rude, offensive or belligerent and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to Scripps, and we will take such measures as we, in our sole business judgment, determine are reasonable when such behavior violates these Terms of Use. However, Scripps does not warrant that you will be free from the behavior of others you may deem insulting, demeaning, offensive, threatening or harassing while you use the Services. If Scripps chooses not to take any action against an end user, takes an action with which you do not agree, or is unable to take any action for any reason, in no event will Scripps be liable to you or any third-party for any incidental or consequential damages (however arising, including negligence) or emotional distress arising out of or in connection with your Account or your use of the Services, even if Scripps has knowledge of the possibility of such damages. Our total liability to you or any third parties will be limited to an aggregate amount of $100. This disclaimer is independent of any other limitation on remedies set forth in these Terms of Use.
Rules of Conduct
In connection with your use of the Services, you agree to adhere to the following rules of conduct:
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Scripps reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Services, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Services.
Unsolicited Creative Submissions/Communications
Please do not send any unsolicited submissions to Scripps. Scripps does not accept or consider unsolicited submissions of any kind (including, but not limited to, scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, videos, musical compositions, lyrics, sound recordings, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by Scripps, or its agents, might seem to others to be similar to their own creative ideas, suggestions or materials. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission).
From time to time, areas on the Sites or the Services may expressly request submissions of concepts, stories, artwork, audiovisual works or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Sites to govern those Invited Submissions, as they will affect your legal rights. If no such additional terms and conditions are presented, then these Terms of Use will apply in full to any Invited Submissions you make and Invited Submissions shall be treated as “End User Content,” as detailed above.
In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials will not be subject to any obligation of confidence on the part of Scripps, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that Scripps shall not be liable for any use or disclosure of any such material.
Contests and Sweepstakes, and Other Activities
Scripps may provide rules for certain promotional activities on the Sites including, but not limited to, contests and sweepstakes by Scripps and/or in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate will govern that promotion but shall not otherwise modify the Terms of Use.
Term/Termination
The “Term” of your rights and licenses for a given Service commences on the date that you download the applicable Software or commence using the applicable Service and ends (i) on the date that you cease using the applicable Service, (ii) the date that Scripps terminates your use of, or ceases to provide, the applicable Service, including by closing your Account(s), or (iii) immediately and automatically if you or anyone using your Account(s) fail to comply with these Terms of Use. Termination by Scripps under this section is without prejudice to or waiver of any and all other rights or remedies which Scripps may have, all of which are expressly reserved, will survive termination, and will be cumulative.
Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services, or portions thereof, if you are, or we suspect that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. In such event, you may lose all benefits, privileges, and Account Attributes associated with your Account and your use of the Services, and we are under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third-party intellectual property rights.
You understand and agree that Scripps shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you. You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we will not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination. In the event of such termination or expiration, all Account Attributes associated with your Account will be lost. You understand and acknowledge that there is no guarantee that Scripps will continue offering access to its Services, in whole or in part, on a going-forward basis. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using the Services. You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes were they to be sold. Scripps will not be liable for any emotional distress you may suffer as a result of loss of your Account or Account Attributes if either your Account or the Services, in whole or in part, are terminated.
Upon expiration or termination of this agreement or your use of the Services, in whole or in part, for any reason, the applicable licenses and rights granted to you will automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the applicable Services and Software and (ii) uninstall your copy of the applicable Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer or game platform and follow the instructions to remove the Software.
Disclaimers
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
THE SITES AND SERVICES HAVE BEEN CREATED FOR ENTERTAINMENT PURPOSES ONLY. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THE SITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, SERVICES AND OTHER CONTENT IN THE SITES AND MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, INFORMATION, SOFTWARE, END USER CONTENT, OR SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITES, SCRIPPS, AND ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES (COLLECTIVELY, “THE SCRIPPS BROADCASTING PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SCRIPPS BROADCASTING PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THE SITES AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SCRIPPS BROADCASTING PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SCRIPPS BROADCASTING PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE SCRIPPS BROADCASTING PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT OF THE SITES OR ANY OTHER WEBSITE, APP, OR SERVICE.
THE SCRIPPS BROADCASTING PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES. THE SCRIPPS BROADCASTING PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. THE SCRIPPS BROADCASTING PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITES OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE SCRIPPS BROADCASTING PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE SCRIPPS BROADCASTING PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
THE SCRIPPS BROADCASTING PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT, GAME PLATFORM OR MOBILE DEVICE OR WITH ANY SPECIFIC SOFTWARE. THE SCRIPPS BROADCASTING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES OR REGARDING ANY THIRD-PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES.
THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THE SITES AND SERVICES AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND THE SCRIPPS BROADCASTING PARTIES’ REASONABLE ABILITY TO CONTROL, AND THE SCRIPPS BROADCASTING PARTIES WILL NOT BE LIABLE FOR BREACH OF WARRANTY OF THESE TERMS OF USE IN SUCH EVENTS.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ANY SCRIPPS BROADCASTING PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE SCRIPPS BROADCASTING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE SCRIPPS BROADCASTING PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
U.S. Export Controls
The Software is subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Sites or Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law
The Materials and all other content and features on the Sites and Services are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services will be governed by and construed exclusively in accordance with the laws and decisions of the State of Ohio applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
The Services are controlled and operated by Scripps from its offices within the United States. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. The data protection and other laws of the United States might not be as comprehensive as those in your country personal data processed in the United States. Scripps makes no representation that Materials and End User Content on the Services are appropriate or available for use in any particular location. Scripps makes no representation that Materials or other content on the Services are appropriate for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Disputes
In the event of any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites or Services (including, but not limited to, provision of content, services, and/or technology on or through the Sites or Services) (“Service Dispute”), you agree to give notice of the dispute, claim, or controversy before initiating any action or proceeding. Service Disputes do not include disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets or claims of piracy or unauthorized use of the Sites or Services, and this notice requirement and the negotiation period set forth below do not apply to such disputes, claims or controversies.
Any notice regarding a Service Dispute must include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any Service Dispute notice to Scripps by U.S. Mail to The E.W. Scripps Company Attn: Legal Department, 312 Walnut Street, Suite 2800, Cincinnati, Ohio, 45202.
Scripps and you agree to attempt to resolve any Service Dispute through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Scripps and you will use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, Scripps or you may resort to other alternatives.
Scripps and you agree that any action or proceeding that is initiated as a result of a Service Dispute must be initiated in Cincinnati, Ohio. You agree to submit to the personal jurisdiction of any state or federal court in Cincinnati, Ohio, to resolve any Service Dispute that is not resolved through the information negotiation process set forth above.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Scripps and you agree that Scripps and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Sites or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Scripps and you further agree that Scripps and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third-party arising under these Terms of Use or in connection with the Sites or Services.
The terms of this provision will also apply to any claims asserted by you against any current tor future parent, subsidiary, or affiliated company of Scripps to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
Text Message Campaigns
We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the SMS Text Message Terms, which are incorporated by reference herein, as well as these terms.
Indemnification
You agree, to the fullest extent permitted by law, to indemnify, defend (at our election) and hold harmless Scripps, its parents, subsidiaries and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third-party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys’ fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms of Use, your use of the Sites or Services, or your Account(s). Scripps reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Scripps in asserting any available defenses.
Third-party Platforms
We may provide Services to you through third-party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can license Scripps games and apps (collectively, “Third-Party Platforms”). Additional terms and conditions will apply to you with respect to your use of those Third-Party Platforms, which are not under Scripps’s control. Scripps does not assume any responsibility or liability for your use of such Third-Party Platforms.
Downloadable applications (commonly referred to as “apps”) made available to you through Third-party Platforms constitute “Software” under these Terms of Use. Apps are licensed, not sold, to you, and are further subject to the terms and conditions, end user license agreement, privacy policy, and other agreements you agree to as part of your license of the app from the applicable Third-Party Platform. Certain Apps may include functionality that enables you to receive additional services or licenses to additional functionality or content (commonly referred to as “in-app purchases”) for use within the app. In-app purchases cannot be transferred among devices, can be downloaded only once, and after being downloaded, cannot be replaced.
The following additional terms and conditions apply with respect to our apps designed for use on an Apple iOS-powered mobile device (“iOS Apps”). You and Scripps acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, Inc. (“Apple”). You agree that your license to use iOS Apps provided as part of the Services is limited to Apple devices that you own or control and that your use of our iOS Apps will be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Scripps agree that Apple will have no obligation to provide maintenance and support services with respect to our iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Apps. You agree that we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App. You agree that Apple is a third-party beneficiary to these Terms of Use applicable to our iOS Apps. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.
Other
These Terms of Use, accepted upon use of the Services and further affirmed by becoming a registered member or submitting End User Content to the Services, contain the entire agreement between you and Scripps regarding the use of the Sites and Services and supersede all prior understandings related to the Sites and Services. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.
View previous revision here.
