Effective Date: May 27, 2022
License to Use Services
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.
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.
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.
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.
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.
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
License to End User Content
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.
- You may not post or transmit End User Content (even if made in a joking, sarcastic or unintended manner) that:
- 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).
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
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.
PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECTYOUR LEGAL RIGHTS.
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.
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.
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
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.
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.
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.