Terms of Use
Effective Date: May 27, 2022
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 aredesigned solely for your entertainment purposes. The Services include theSites, services we provide to you through the Sites, Third-party Platforms (as defined and discussed below), and other locations which post, incorporateby reference, or link to these Terms of Use.
AGREEMENT
Please read these Terms of Use carefully. The terms andconditions set forth in these Terms of Use ( Terms of Use ) constitute alegally binding contract between you and Scripps and its current and futureaffiliated companies regarding your use of the Sites and our Services.
By using the Sites and Services, you are signifying youragreement 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 thatthese Terms of Use are supported by reasonable and valuable consideration, thereceipt and sufficiency of which you acknowledge by using the Sites orServices, including, without limitation, your enjoyment and use of the Sites orServices and all features and activities made available through the Sites orServices, your receipt of data, materials and information made availablethrough the Sites or Services. Residents outside of the United Statesunderstand and consent that the data submitted on the Services will betransmitted to and processed within the United States.
THESE TERMS OF USE ARE SUBJECT TO A WAIVER OF CLASS ACTIONRIGHTS 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 forththe rules for your use of the Sites. We update these Terms of Use from time totime, so please check back frequently. We reserve the right, in our solediscretion, to update these Terms of Use from time to time when we deemappropriate. Changes will become effective ten (10) days after they are postedon the Sites or within the Services ( Effective Change Date ). These Terms ofUse cannot be changed orally. Please review these Terms of Use periodically.Your continued use of the Services following the Effective Change Date willconstitute your acceptance of those updated Terms of Use.
By using the Sites, you affirm that you are at least 18 years ofage (or have reached the age of majority if that is not 18 years of age whereyou live) or that you have reviewed these Terms of Use with your parent orlegal guardian and he or she agrees to these Terms of Use on your behalf andtakes full responsibility for your compliance with them. You agree that you(and your parent or guardian) are fully able and competent to
Supplemental terms and conditions may apply to some of theServices or Software (as defined below) we provide and will be disclosed to youin connection with the particular Services orSoftware. Those supplemental terms and conditions are in addition to, and notin place of, these Terms of Use. In the event of any conflict between thosesupplemental terms and these Terms of Use, those supplemental terms willprevail 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 yournon-commercial, entertainment purposes, in a manner consistent with these Termsof Use. All rights not expressly granted by Scripps in these Terms of Use arereserved to Scripps. No license, permission, or right of access or use notexpressly granted in these Terms of Use are implied. The Services are for thepersonal use of individual users and may not be transferred, assigned, or usedin connection with any commercial or illegal endeavors. Organizations,companies, and businesses may not become registered members and should not usethe Services for any purpose.
You understand and agree that Scripps may discontinue, and hasno obligation to continue providing, any aspect of the Services, or
To use the Services, you acknowledge and agree that you may berequired to (i) have a valid Account (as definedbelow) to access any features of the Services available only through creationof an Account), (ii) download and install certain Software that allows you touse the Services, (iii) have an Internet connection or access to a wirelessnetwork (which Scripps does not provide and which may impact your ability toaccess the Services from time to time for reasons outside of Scripps scontrol), and (iv) download and install certain software provided by thirdparties not affiliated with Scripps ( Third-party Software ) (which may notwork on your computer or other device, and which may impact your ability toaccess the Services for reasons outside of Scripps s control) and enter into aseparate agreement with the third-party for access to and use of suchThird-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 wayyour information is collected and used at this site and other Sites andServices are discussed in detail in our Privacy Policy, which can
Proprietary Rights
You agree that the Sites, the Services, and all features andelements of the Sites and Services (including without limitation, photographs,graphics, logos, audio, video, text, artwork, games, apps, Software (asdefined and discussed below), and other software used to implement theServices) (collectively, Materials ) are proprietary information and materialsthat are owned by Scripps, its licensors, and other sources. The Materials areprotected by applicable U.S. and international intellectual property and otherlaws, including but not limited to copyright, trademark and patent laws. NoMaterials may be copied, reproduced, republished, uploaded, posted,transmitted, distributed, decompiled, reverse engineered, disassembled, or usedin 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 forany non-approved purpose is a violation of the copyright, trademark and otherproprietary rights of Scripps or other sources. You understand and agree thatyou may not reverse engineer, disassemble or decompile or attempt to reverseengineer or otherwise derive code from any information accessible through theSites or the Services, whether encrypted or not, and you hereby expressly waiveany legal rights you may have to do so, including any claim that such activitiesconstitute Fair Use or are for interoperability purposes under the DigitalMillennium 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 andadvertisements for products and services offered by third parties notaffiliated with Scripps. By using the Services and agreeing to these Terms ofUse, you are acknowledging and agreeing that you may be able to view suchcontent, promotional materials and advertising as may be displayed and includedwithin the Sites and the Services. You understand and agree that by clicking ona banner advertisement or link from our advertisers and sponsors, you will be takento other sites, which are not operated by us or under our control. We do notendorse and cannot ensure that you will be satisfied with any products orservices that you purchase from a third-party site. Your correspondence orbusiness dealings with, or participation in promotions of, advertisers found onor through the Services are solely between you and such advertiser. You agreethat we will not be responsible or liable for any loss or damage of any sortincurred as the result of any such dealings or as the result of the presence ofsuch advertisers on the Services.
Linked Sites
The Services may sometimes contain links to third-party Websites ( Linked Sites ). The appearance of Linked Sites on the Services does notconstitute endorsement by Scripps, its subsidiaries or affiliates of theopinions or views expressed by these Linked Sites. Scripps does not verify,endorse, or take responsibility for the accuracy, currency, completeness orquality of the content contained in the Linked Sites, nor is Scrippsresponsible for the quality or delivery of the products or services offered,accessed, obtained by or advertised by any Linked Sites. Neither Scripps norany of its affiliates will be responsible for any errors or omissions or forthe results obtained from use of such information contained in the LinkedSites. If Linked Sites collect personal information or postings from end users,Scripps does not assume or have any responsibility or liability
Scripps welcomes links to this site and other Sites. You mayestablish a link to the Sites, provided that the link does not state or implyany sponsorship or endorsement of your Web site by Scripps, its affiliates, orany group or individual affiliated with Scripps. You may not use on your Website any logos, trademarks, service marks, or other copyrighted materialsappearing 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 maynot frame or otherwise incorporate into another Web site, or otherwise create adynamic HTML page using, any of the content or other materials on the Siteswithout 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 thetermination in appropriate circumstances of subscribers and account holders whoinfringe the rights of copyright holders on multiple occasions. If you believethat your work has been copied in a way that constitutes copyrightinfringement, please provide Scripps s Copyright Agent the followinginformation required by the Online Copyright Infringement Liability LimitationAct of the Digital Millennium Copyright Act, ( DMCA ) 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized toact on behalf of the owner of an exclusive right that is allegedly infringed;(2) Identification and location of the copyright work claimed to have beeninfringed, or, if multiple copyrighted works at a single Site are covered by asingle notification, a representative list of such works at that Site and theirlocations; (3) Identification of the material that is claimed to be infringingor to be the subject of infringing activity and that is to be removed or accessto which is to be disabled, and information reasonably sufficient to permitScripps to locate the material; (4) Information reasonably sufficient to permitScripps to contact the complaining party; (5) A statement that the complainingparty has a good-faith belief that use of the material in the manner complainedof is not authorized by the copyright owner, its agent, or the law; and (6) Astatement that the information in the notification is accurate, and under penaltyof perjury, that the complaining party is authorized to act on behalf of theowner 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 thatsubstantially complies with all of the requirementsabove, we will investigate your claim and respond expeditiously. If wedetermine that the material cited by you constitutes a copyright infringement,we will remove, or take down the infringing material. At that point, we willnotify the individual who uploaded the alleged infringing material, as requiredby statute, and allow them the opportunity to take advantage of the counter-notice and put-back provisions of the DMCA. IN THE EVENT THAT WEDETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THATINFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TOTERMINATE YOUR ACCESS TO THE SITES.
Please do not contact Scripps DMCA Copyright Agent forinquiries other than those relating to alleged copyright infringement.
Software
As part of the Services, Scripps may make available to you, fordownload, installation and use in accordance with and subject to these Terms ofUse, certain software programs, including but not limited to mobile games andapps, downloadable/installable games for a personal computer, and games andservices accessed by means of a browser, Third-party Platforms, or other onlinecommunication methods (collectively, the Software ). The Software includesall 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 andall copies of such software and materials, which allow you to use theServices. The Software is licensed, not sold, to you. We do not transfer titleto the Software to you. As to all Software that you download in connection withthe Services, the following licensing terms and conditions apply. You mayinstall 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 archivalpurposes.
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 theSoftware, and that you acquire no rights in any of the Software, express orimplied, beyond those granted specifically in these Terms of Use. We mayprovide updates, patches, upgrades, and enhancements to the Software from timeto time in our discretion. However, neither these Terms of Use nor your Accountentitle you to any subsequent releases of any Software, any expansion packs orsimilar ancillary products. You understand that we may update or otherwiseenhance the Software at any time and in doing so incur no obligation to furnishsuch 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 touse the Software solely in connection with accessing the Services in order toplay the game or engage in the activity of which the Software is a part. Youmay 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 reverseengineer, disassemble or decompile or otherwise reverse engineer or attempt toreverse engineer or derive source code from, all or any portion of the Softwareor anything incorporated therein or permit any third-party to do so except tothe extent that this restriction is expressly prohibited by applicable law. Inno event will such reverse engineering be considered Fair Use under FederalCopyright law, and you agree to waive any claims of Fair Use as a defense forany reverse engineering, including any claims that such reverse engineering isbeing done for interoperability purposes under the Digital MillenniumCopyright Act. The Software may contain license management technology,circumvention or disabling of which is prohibited.
For the purposes of updating, patching or otherwise modifyingthe Software, you hereby grant Scripps permission to (a) extract hardwaresystem profile data from your computer or game platform; (b) extractinformation from your computer s or game platform s file directories pertainingto the Software and your ability to access the Services; and (c) downloadapplicable Software, game content and game files to your computer and gameplatforms that are used to access the applicable Services.
Accounts
As part of the Services we provide, you may be able to registerfor an account ( Account ) and to access certain Services through your Accountby means of an Internet connection or a wireless network (neither of whichScripps provides). You agree to provide true, accurate, current and completeinformation about yourself as prompted by our registration processes. You agreenot to impersonate any person or entity or misrepresent your identity,including using another person s username, password or other accountinformation. You are responsible for all hardware, software, service and othercosts you incur to access your Account. You are solely responsible forproviding your own Internet or wireless access, any telecommunication chargesor other charges which you incur through access and use of the Services,including without limitation any premium charges and surcharges due tobandwidth consumption, and any taxes payable by you in connection with suchaccess and use. Accounts are available only to individual, natural persons whoare 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 orallow 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 andmanage your Account. Selling or renting access to another person to yourAccount for the purpose of allowing them access to the Services is prohibited.You are responsible and liable for all activities conducted through yourAccount, regardless of who conducts those activities. If you are a parent orguardian, you may permit your child to use the Account instead of you,
Upon registration for an Account, you must create a password( Password ). You must not disclose your Password to any third-party or allowanyone to use your Password to access the Services or your Account. You areresponsible for maintaining the confidentiality of your Password and for anydamage or harm (for example, lost or deleted Account Attributes, closedAccounts, etc.) resulting from your disclosure or allowing the disclosure ofyour Password or from use by any person of your Password to gain access to yourAccount. In no event will Scripps be held responsible for any damage thatoccurs to your Account or any attributes of your Account, including withoutlimitation, characters, objects, possessions, and points (collectively, Account Attributes ). Scripps will not be liable for any financial oremotional damage or distress you may suffer (and/or subsequent loss or damageto your Account or Account Attributes) as a result of the disclosure of yourPassword 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 toupload 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 othermaterials or information in e-mail, chat, chat rooms, forum discussions, andsimilar user-to-user areas (collectively, End User Content ). You agree thatyou are responsible for your End User Content, that you have the right to postany End User Content that you submit through the Services, and that any EndUser 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 orregulation; (iii) be defamatory, indecent, obscene, pornographic, harmful tominors, or otherwise inconsistent with these Terms of Use; or (iv) contain anyviruses, trojan horses, disabling code, worms, time bombs, clear GIFs, cancelbots, or other computer programming or routines that are intended to, orwhich in fact, damage, detrimentally interfere with, monitor, intercept, orexpropriate any Services, data, information, packets, or personallyidentifiable information. You agree that we may review, edit and delete any EndUser Content for any reason, including, in our sole judgment, that the End UserContent violates these Terms of Use. Further, you acknowledge and agree that wemay take any action we deem appropriate as to any End User Content communicatedby you, if we believe, in our sole discretion, that it may expose us toliability, 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 tous, our licensees, distributors, agents, representatives and other authorizedusers, a perpetual, worldwide, irrevocable, assignable, fully-paid,royalty-free license, fully sublicensable through multiple tiers, to exerciseall intellectual property rights, in and to all or any part of your End UserContent, and exploit the End User Content by any means, including by creatingderivative works of End User Content or for purposes of advertising andpromotion, in any medium now known or hereafter developed. You agree that youare not entitled to any payment, credit, notice attribution, or othercompensation or consideration for any uses of End User Content by Scripps. Ifwe facilitate the creation of materials through features or activities on ourSites or through our Services (including mash-ups, activities, sweepstakes,contests, promotions, forums, etc.) that require the use of our copyrightedMaterials, in whole or in part, we hereby grant to you a non-exclusive license tocreate a derivative work using our copyrighted Materials, but only for thepurpose of creating your materials as part of your enjoyment of the Servicesand always in accordance with these Terms of Use, and you agree that Scripps isthe owner of such Materials and derivative works. If such rights in derivativeworks are not assignable to us, then your license to create derivative worksusing our copyrighted Materials shall be null and void. You agree to theforegoing whether or not your materials are used by usin any manner.
You acknowledge and agree that you must evaluate, and bear therisk associated with, the accuracy, completeness or usefulness of any End User Content.Scripps reserves the right, but does not undertake the responsibility, toremove End User Content at any time that it deems to be harmful, offensive, orotherwise in violation of these Terms of Use. Without limitation of any of itsother rights, Scripps will have the right to display and publish anyinformation associated with any characters developed in your Account, forexample, in charts, lists and other compilations, without any priornotification to you and without any compensation or any form of recompensewhatsoever. 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 Sitesand Services. End User Content posted in public areas of the Services does notnecessarily reflect the views of Scripps. In no event will Scripps assume orhave any responsibility or liability for any End User Content posted or for anyclaims, damages or losses resulting from use of End User Content and/orappearance of End User Content on the Services.
You understand that you have no expectation of privacy regardingthe communications you make in connection with the Services, including, withoutlimitation, through private messaging, chat rooms, forums, message boards,profile pages, blogs or email functions (including send-a-friend cards) andthat Scripps representatives may monitor all communications made by or receivedfrom you. You understand that you should never provide any private orpersonally identifiable information to any other player or end user, and youwill not hold Scripps responsible for the consequences of any such disclosureby you. Further, you understand that in using the Services, you may encounterand converse with people who are rude, offensive or belligerent and who may useindecent, obscene, and/or threatening or harassing language. You are free toreport any instances of such behavior to Scripps, and we will take suchmeasures as we, in our sole business judgment, determine are reasonable whensuch behavior violates these Terms of Use. However, Scripps does not warrantthat you will be free from the behavior of others you may deem insulting,demeaning, offensive, threatening or harassing while you use the Services. IfScripps chooses not to take any action against an end user, takes an actionwith which you do not agree, or is unable to take any action for any reason, inno event will Scripps be liable to you or any third-party for any incidental orconsequential damages (however arising, including negligence) or emotionaldistress arising out of or in connection with your Account or your use of theServices, even if Scripps has knowledge of the possibility of such damages. Ourtotal liability to you or any third parties will be limited to an aggregateamount of $100. This disclaimer is independent of any other limitation onremedies set forth in these Terms of Use.
Rules of Conduct
In connection with your use of the Services, you agree to adhereto the following rules of conduct:
a. You may not post, distribute, or reproduce in any way any copyrightedmaterial, trademarks, or other proprietary information without obtaining theprior written consent of the owner of such proprietary rights.
- Scripps may review, edit, reject, or delete any End User Content that, in the sole judgment of Scripps, violates these Terms of Use, is offensive or illegal, or might violate the rights of, harm, or threaten the safety of any person.
- You may not post or transmit End User Content (even if made in a joking, sarcastic or unintended manner) that:
Scripps reserves the right, but not the obligation, toinvestigate and take appropriate legal action in its sole discretion againstanyone who it believes violates these Terms of Use, including withoutlimitation, removing the offending communication in whole or in part from theServices, suspending or terminating the membership of such violators and/orsuspending or terminating their right to use and access the Services.
- You may not use any of your own or any third-party software to modify the Services or create any other means through which the Services may be accessed or used by others, for example, through server emulators, whether for profit or not.
- You must use the Services in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized uses of the Services, including without limitation, collecting usernames or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Services, as well as attempting to gain unauthorized access to the Services or exceeding your authorized access.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Scripps 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.
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 ideasor suggestions, pitches, stories, formats, artwork, videos, musicalcompositions, lyrics, sound recordings, or any other materials) in any format,by any means of transmission (including email). This is to avoid thepossibility of future misunderstandings when projects independently developedby Scripps, or its agents, might seem to others to be similarto their own creative ideas, suggestions or materials. Any suchunsolicited submissions are either discarded or deleted or returned to thesender, in our discretion, without being reviewed (or reviewed solely to theextent necessary to determine that the materials are an unsolicitedsubmission).
From time to time, areas on the Sites or the Services mayexpressly request submissions of concepts, stories, artwork, audiovisual worksor other potential content from you ( Invited Submissions ). Where this is thecase, please carefully read any specific rules or other terms and conditionswhich appear elsewhere on the Sites to govern those Invited Submissions, asthey will affect your legal rights. If no such additional terms and conditionsare presented, then these Terms of Use will apply in full to any InvitedSubmissions you make and Invited Submissions shall be treated as End UserContent, as detailed above.
In any event, any material, including Invited Submissions, yousend to us will not be treated as confidential, and you agree that suchmaterials will not be subject to any obligation of confidence on the part ofScripps, that no confidential or fiduciary relationship is intended or createdbetween 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 liablefor any use or disclosure of any such material.
Contests and Sweepstakes, and Other Activities
Scripps may provide rules for certain promotional activities onthe Sites including, but not limited to, contests and sweepstakes by Scrippsand/or in conjunction with third parties. These Terms of Use are incorporatedby reference to the specific promotion rules or terms and conditions, which mayappear in connection with information on the Sites about a particular activity.To the extent that any conflict exists between these Terms of Use and specificrules for a promotional activity, the rules for the promotional activity inwhich you choose to participate will govern that promotion but shall nototherwise modify the Terms of Use.
Term/Termination
The Term of your rights and licenses for a given Servicecommences on the date that you download the applicable Software or commenceusing the applicable Service and ends (i) on the datethat you cease using the applicable Service, (ii) the date that Scrippsterminates your use of, or ceases to provide, the applicable Service, includingby closing your Account(s), or (iii) immediately and automatically if you oranyone 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
Without limiting any other remedies, we may limit, suspend,terminate, modify, or delete Accounts or access to the Services, or portionsthereof, if you are, or we suspect that you are, failing to comply with any ofthese Terms of Use or for any actual or suspected illegal or improper use ofthe Services, with or without notice to you. In such event, you may lose allbenefits, privileges, and Account Attributes associated with your Account andyour use of the Services, and we are under no obligation to compensate you forany such losses or results.
Without limiting our other remedies, we may limit, suspend orterminate the Services and user accounts or portions thereof, prohibit accessto our games and Sites, and their content, services and tools, delay or removehosted content, and take technical and legal steps to prevent users fromaccessing the Services if we believe that they are creating risk or possiblelegal liabilities, infringing the intellectual property rights of thirdparties, or acting inconsistently with the letter or spirit of our terms orpolicies. Additionally, we may, in appropriate circumstances and at our solediscretion, suspend or terminate accounts of users who may be repeat infringersof third-party intellectual property rights.
You understand and agree that Scripps shall have the furtherright to terminate any aspect of the Services, or the Services in theirentirety, at any time in its discretion, with or without notice to you. You maycease using any or all of the Services, and/or closeyour Account, at any time for any reason in your discretion. In such event, wewill not be required to provide refunds, benefits or other compensation tousers 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 yourrights to use the applicable Services and Software will cease immediately effectiveupon such expiration or termination. In the event of such termination orexpiration, all Account Attributes associated with your Account will be lost.You understand and acknowledge that there is no guarantee that Scripps willcontinue offering access to its Services, in whole or in part, on agoing-forward basis. You specifically acknowledge that the time you spend usingthe Services is being done for your personal entertainment purposes only, andthat you claim no interest in the value of such time as represented by thebuilding up of your characters and/or Account Attributes during your time usingthe Services. You further agree that you are not entitled to any form ofcompensation for the past time you have spent using the Services or for the realor projected value of your Account or any Account Attributes were they to besold. Scripps will not be liable for any emotional distress you may suffer as aresult of loss of your Account or Account Attributes if either your Account orthe Services, in whole or in part, are terminated.
Upon expiration or termination of this agreement or your use ofthe Services, in whole or in part, for any reason, the applicable licenses andrights granted to you will automatically terminate, without further notice to you,and you must (i) immediately cease accessing andusing the applicable Services and Software and (ii) uninstall your copy of theapplicable Software. You may uninstall your copy of the Software through one ofthe following methods: (x) access the directory on your computer or gameplatform where you originally installed the Software and double-click on thefile entitled uninst.exe; or (y) access the Add/Remove Programs feature of theoperating system located on your computer or game platform and follow theinstructions to remove the Software.
Disclaimers
PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECTYOUR LEGAL RIGHTS.
THE SITES AND SERVICES HAVE BEEN CREATED FOR ENTERTAINMENTPURPOSES ONLY. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THESITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, SERVICES AND OTHER CONTENTIN THE SITES AND MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IFYOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, INFORMATION, SOFTWARE, END USERCONTENT, OR SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVEREMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND SERVICES. TO THEFULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITES, SCRIPPS, ANDITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES (COLLECTIVELY, THESCRIPPS BROADCASTING PARTIES ) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SCRIPPS BROADCASTING PARTIESDO 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 FREEOF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SCRIPPS BROADCASTING PARTIES DO NOTWARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USEOF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITESOR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITES IN TERMS OF THEIRCORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SCRIPPS BROADCASTINGPARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION,SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITE, APP, ORSERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE SCRIPPS BROADCASTINGPARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS,INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT OF THE SITES OR ANY OTHERWEBSITE, APP, OR SERVICE.
THE SCRIPPS BROADCASTING PARTIES ARE NOT RESPONSIBLE FOR THECONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES. THE SCRIPPSBROADCASTING 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, ORALTERATION OF, USER OR MEMBER COMMUNICATIONS. THE SCRIPPS BROADCASTING PARTIESARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONENETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTEREQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICALPROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITES OR COMBINATIONTHEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHERPERSON S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADINGMATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.UNDER NO CIRCUMSTANCES WILL THE SCRIPPS BROADCASTING PARTIES BE RESPONSIBLE FORANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE SUSE OF THE SERVICES, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICESOR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES,WHETHER ONLINE OR OFFLINE. THE SCRIPPS BROADCASTING PARTIES CANNOT GUARANTEEAND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
THE SCRIPPS BROADCASTING PARTIES MAKE NO REPRESENTATION ORWARRANTY THAT THE SERVICES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PARTON ANY SPECIFIC COMPUTER EQUIPMENT, GAME PLATFORM OR MOBILE DEVICE OR WITH ANYSPECIFIC SOFTWARE. THE SCRIPPS BROADCASTING PARTIES MAKE NO REPRESENTATIONS ORWARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BEREQUIRED FOR YOU TO USE THE SERVICES OR REGARDING ANY THIRD-PARTY SOFTWARE THATMAY BE REQUIRED FOR YOU TO USE THE SERVICES.
THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THESITES AND SERVICES AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLETO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OREMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS,REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONSNETWORKS OR DEVICES, AND EVENTS BEYOND THE SCRIPPS BROADCASTING PARTIES REASONABLE ABILITY TO CONTROL, AND THE SCRIPPS BROADCASTING PARTIES WILL NOT BELIABLE FOR BREACH OF WARRANTY OF THESE TERMS OF USE IN SUCH EVENTS.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OFTHE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLYTO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECTYOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENTWILL ANY SCRIPPS BROADCASTING PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY,PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OFDATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGYFAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OFACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION,INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSIONOF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINEFAILURE, 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 OFLIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUSBEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OFTHE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE SCRIPPS BROADCASTINGPARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUTLIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGETHAT THE SCRIPPS BROADCASTING PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGEDDEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES ORSERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVELIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLYTO THE EXTENT PERMITTED BY APPLICABLE LAW.
U.S. Export Controls
The Software is subject to United States export controls andeconomic sanction requirements. No Software may be downloaded from the Sites orServices 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) toanyone on the U.S. Treasury Department s list of Specially Designated Nationalsor the U.S. Commerce Department s Table of Deny Orders. By downloading or usingthe Software or Services, you represent and warrant that you are not locatedin, under the control of, or a national or resident of any such country or onany such list.
Governing Law
The Materials and all other content and features on the Sitesand Services are presented for the purpose of providing entertainment, newsand/or information and/or promoting programs, films, music, games, and otherproducts 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 andconstrued exclusively in accordance with the laws and decisions of the State ofOhio applicable to contracts made, entered into and performed entirely therein,without giving effect to its conflict of lawsprovisions.
The Services are controlled and operated by Scripps from itsoffices within the United States. Residents outside of the United Statesunderstand and consent that the data submitted on the Services will betransmitted to and processed within the United States. The data protection andother laws of the United States might not be as comprehensive as those in yourcountry personal data processed in the United States. Scripps makes norepresentation that Materials and End User Content on the Services areappropriate or available for use in any particular location.Scripps makes no representation that Materials or other content on the Servicesare appropriate for use outside the United States, its territories, possessionsand protectorates. If you choose to access the Services from other
Disputes
In the event of any dispute, claim, or controversy arising out ofor in connection with your access to, and/or use of the Sites or Services(including, but not limited to, provision of content, services, and/ortechnology on or through the Sites or Services) ( Service Dispute
Any notice regarding a Service Dispute must include a briefwritten statement that sets forth the name, address, and contact information ofthe party giving it, the facts giving rise to the dispute, claim, orcontroversy and the relief requested. You must send any Service Dispute noticeto Scripps by U.S. Mail to The E.W. Scripps Company Attn: Legal Department, 312Walnut Street, Suite 2800, Cincinnati, Ohio, 45202.
Scripps and you agree to attempt to resolve any Service Disputethrough informal negotiation within thirty (30) days from the date that anynotice of dispute, claim, or controversy is sent. Scripps and you will usereasonable, good faith, efforts to settle any dispute, claim, or controversythrough 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 isinitiated 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 federalcourt in Cincinnati, Ohio, to resolve any Service Dispute that is not resolvedthrough the information negotiation process set forth above.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECTYOUR LEGAL RIGHTS.
Scripps and you agree that Scripps and you will resolve anydisputes, claims or controversies on an individual basis, and that any claimsbrought under these Terms of Use in connection with the Sites or Services willbe brought in an individual capacity, and not on behalf of, or as part of, anypurported class, consolidated, or representative proceeding. Scripps and youfurther agree that Scripps and you shall not participate in any consolidated,class, or representative proceeding (existing or future) brought by anythird-party arising under these Terms of Use or in connection with the Sites orServices.
The terms of this provision will also apply to any claimsasserted by you against any current tor future parent, subsidiary, oraffiliated company of Scripps to the extent that any such claims arise out ofyour access to, and/or use of the Sites or Services, and/or the provision ofcontent, 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 sentto your mobile device if you choose to receive such alerts. You acknowledge andagree that when you sign up for and receive these text messages, you are boundby the SMS Text Message Terms, which are incorporated by reference herein, aswell 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, subsidiariesand 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, agentsand 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 orjudgments, regardless of the merit, whether threatened or actual, fixed orcontingent, known or unknown, arising out of or relating to the actual oralleged 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 byyou, in which event you will fully cooperate with Scripps in asserting any availabledefenses.
Third-party Platforms
We may provide Services to you through third-party Web sites,operating systems, platforms and portals, including social networking sites anddigital storefronts through which you can license Scripps games and apps (collectively, Third-Party Platforms ). Additional terms and conditions will apply to youwith respect to your use of those Third-Party Platforms, which are not underScripps s control. Scripps does not assume any responsibility or liability foryour use of such Third-Party Platforms.
Downloadable applications (commonly referred to as apps ) madeavailable to you through Third-party Platforms constitute Software underthese Terms of Use. Apps are licensed, not sold, to you, and are furthersubject to the terms and conditions, end user license agreement, privacypolicy, and other agreements you agree to as part of your license of the appfrom the applicable Third-Party Platform. Certain Apps may includefunctionality that enables you to receive additional services or licenses toadditional functionality or content (commonly referred to as in-apppurchases ) for use within the app. In-app purchases cannot be transferredamong devices, can be downloaded only once, and after being downloaded, cannotbe replaced.
The following additional terms and conditions apply with respectto our apps designed for use on an Apple iOS-powered mobile device ( iOSApps ). You and Scripps acknowledge that these Terms of Use are concludedbetween you and us only, and not with Apple, Inc. ( Apple ). You agree thatyour license to use iOS Apps provided as part of the Services is limited toApple devices that you own or control and that your use of our iOS Apps will besubject to the usage rules set forth in Apple s then-current App Store Terms ofService. You and Scripps agree that Apple will have no obligation to providemaintenance and support services with respect to our iOS Apps. To the maximumextent permitted by applicable law, Apple will have no warranty obligationwhatsoever with respect to our iOS Apps. You agree that we, and not Apple, willbe responsible for the investigation, defense, settlement and discharge of anythird-party intellectual property infringement claim related to our iOS App.You represent and warrant that you are not located in a country that is subjectto 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 onany U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms ofagreement when using our iOS App. You agree that Apple is a third-partybeneficiary to these Terms of Use applicable to our iOS Apps. Upon youracceptance of the Terms of Use, Apple will have the right (and will be deemedto have accepted the right) to enforce the Terms of Use against you as athird-party beneficiary thereof.
Other
These Terms of Use, accepted upon use of the Services andfurther affirmed by becoming a registered member or submitting End User Contentto the Services, contain the entire agreement between you and Scripps regardingthe use of the Sites and Services and supersede all prior understandingsrelated to the Sites and Services. If any part of these Terms of Use isheld invalid or unenforceable, that portion will be construed in a mannerconsistent with applicable law to reflect, as nearly as possible, the originalintentions of these Terms of Use, and the remaining portions shall remain infull force and effect.