If you choose to use any of web services owned or controlled by NWPrepsNow.com you hereby agree to abide by the Terms of Service applied to all SPOKESMAN-REVIEW Web services hereafter known in this document as S-R Web services and/or S-R.com. You agree to abide by all of the terms and conditions of this Agreement, and we agree to provide our services to you, subject to thefollowing terms and conditions. Additional terms and conditions may be added,but not deleted, by NWPrepsNow.com's co-owner, KHQ, Inc. as indicated. Wereserve the right to change, add or remove portions of this Agreement at anytime; but if we do, we will post those changes on our Web site, and you will be able to review the most current version of this Service Agreement at any time by clicking through to: TERMS
In addition, when using certain services provided by S-R.COM or KHQ, Inc.,you will be subject to any posted guidelines or rules applicable to such services.
IF ANY OF THE TERMS, CONDITIONS OR FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR ACCOUNT BY ACCESSING YOUR MEMBER PROFILE ONLINE. YOUR CONTINUED USE OF OUR WEB SERVICES NOW, OR FOLLOWING ANY CHANGES TO THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CONDITIONS, CHANGES, OR MODIFICATIONS.
We reserve the right to change, suspend or discontinue any aspect of our Web services at any time, including the availability of any service feature,database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of our services without notice or liability.
The contents of the NWPrepsNow.com web services are intended for your personal, noncommercial use. All materials published on NWPrepsnow.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Contents") are protected by copyright, and owned or controlled by The Spokesman-Review, KHQ, Inc., Cowles Publishing Company, or the party credited as the provider of the Contents. You agree to abide by all additional copyright notices, information, or restrictions contained in any Contents accessed through our Web services.
Our Web services and their Contents are protected by copyright pursuant to U.S.and international copyright laws. You may not modify, publish, transmit,participate in the transfer or sale of, reproduce (except as provided in the following paragraph of this Agreement), create new works from, distribute,perform, display, or in any way exploit, any of the Contents of our Web services (including software) in whole or in part. To read our complete Copyright Policy, click through to: COPYRIGHT POLICY
You may, however, download or copy the Contents and other downloadable items displayed on our Web services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Contents for other than personal use is expressly prohibited without prior written permission from us or from the copyright holder identified in the copyright notice contained in the Contents. Requests for permission to reproduce or reprint copyrighted material should be mailed or faxed to:
Rights & Permissions
P.O. Box 2160
Spokane, WA 99210-2160
The NWPrepsNow logo is a trademark and service of NWPrepnow, as well as its owners, The Spokesman-Review; SWX and it's parent company, KHQ, Inc.; and Cowles Publishing.All other trademarks and service marks or logos used on the website are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the website without prior written consent of the owner of the mark.
You may submit any text, images, data, or other materials("Content") to the Web site. In so doing, you acknowledge and agree that you grant to NWPrepsNow, S-R Web services and KHQ, Inc. and all of its properties, a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
Further, by submitting Content to the Web site, you acknowledge that you have the authority to grant such rights to and use of the Content by NWPrepsNow and its owners will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted to the Web site by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. Each of NWPrepsNow, S-R Web services, KHQ, Inc., and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.
If you submit any commentary to forums, discussions and/or message boards now or hereafter offered by NWPrepsnow.com, you agree to abide by our Forum Standards, which are the standards of all S-R.com properties, at: FORUM STANDARDS and our S-R.COM Web services Community Guidelines at: COMMUNITY GUIDELINES
By submitting commentary to any of our forums, you are consenting to its display on our site.
Additionally, you agree to abide by the following Code of Conduct, as specified through the KHQ, Inc. Terms of Service.
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Web site:
Our Web services may contain links to other related World Wide Web Internet sites, resources, and sponsors or advertisers of NWPrepsNow.com. Since we are not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of the appropriate site.
You represent, warrant and covenant (a) that no materials of any kind submitted through your individual account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless The Spokesman-Review , its affiliated Web services (S-R.COM), KHQ, Inc.and Cowles Publishing Company, and all officers, directors, owners, agents,information providers, affiliates, licensors and licensees (collectively, the"Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
NWPrepsNow.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through our Web services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion,advice, statement, memorandum, or information shall be at your sole risk. OUR WEB SERVICES AND ANY DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT USE OF OUR WEB SERVICES IS AT YOUR SOLE RISK.
If you are required to register for any of our Web services, you will select a password. You also are required to give us certain registration information,all of which must be accurate and updated. You may not (a) select or use an e-mail address or password of another person with the intent to impersonate that person; (b) use an e-mail address or password in which another person has rights without such person's authorization; or (c) use an e-mail address or password that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.You agree to immediately notify us via e-mail to our Web Team at:firstname.lastname@example.org
of any known or suspected unauthorized use(s) of your individual account or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You must be 13 years or older to register for an individual account with our Web services; however, persons of all ages may use our Web services. You may share your e-mail address and password with others; but you are responsible for all use or activity on your individual account, including use of the account by any third party authorized by you to use your e-mail address and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may also refer you to appropriate law enforcement agencies.
We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to our Web services.
We may contact you via e-mail regarding your participation in user surveys,asking for feedback on our Web services and existing or prospective products and services. This information will be used to improve our Web services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
We will never send an e-mail that requires users of our Web services to provide private or personal information to us via e-mail or pop-up windows. Any unsolicited request for your individual account or personal information you receive through e-mails, websites or pop-up windows should be considered fraudulent.
If you receive a suspicious e-mail ("phishing" e-mail) claiming to be from NWPrepsNow.com or any of our Web services, you should immediately do the following:
You may terminate your individual account at any time by accessing your Member Profile page online. Upon termination, your access to our Web services will be suspended on the last day of your currently pre-paid account. You are responsible for any and all charges incurred (for products or services purchased) up to the time your account is deactivated. No refunds will be made for partial-month fees, whether or not you choose to access our Web services through the final date your individual account is active.
We may, in our sole discretion, terminate or suspend your access to all or part of our Web services for any reason, including, without limitation, breach or assignment of this Service Agreement. In the event your access is terminated by us, you will forfeit any partial-month fees remaining on your account. YOU HEREBY ACKNOWLEDGE AND AGREE TO FORFEIT ANY PARTIAL-MONTH FEES REMAINING ON YOUR ACCOUNT AND AGREE THAT S-R.COM MAY RETAIN ANY SUCH RESIDUAL IN THE EVENT OF TERMINATION OF YOUR INDIVIDUAL ACCOUNT.
(a) This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Washington. Any action to enforce this Agreement shall be brought in the federal or state courts located in Spokane,Washington.
(c) For further assistance, you may e-mail us at: email@example.com
(d) You agree to report any copyright violations of this Agreement to NWPrepsNow.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained on our Web services, please notify us by sending e-mail to: firstname.lastname@example.org
THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY S-R Web Services, KHQ, Inc. or any of its subsidiaries, websites, publications or broadcasts. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.
NEITHER S-R- Web services, KHQ, Inc., NOR OUR EMPLOYEES, AGENTS, SPONSORS,THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT S-R Web services and KHQ, Inc. ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although S-R Web services and KHQ, Inc. attempt to ensure the integrity of the Web site, a possibility exists that the Web site could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Web site. S-R Web services and KHQ, Inc. make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform us at email@example.com so that it can be corrected.
In many instances, the content available through the Web site represents the opinions and judgments of the respective information provider, Web site user or member, or other user not under contract with S-R Web services and/or KHQ, Inc.S-R Web services and KHQ, Inc. neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized S-R Web services and/or KHQ, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will S-R Web services and/or KHQ, Inc. be liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web site.
LINKS TO OTHER WEBSITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org.
VOID WHERE PROHIBITED
Although the Web site is accessible worldwide, not all products or services discussed or referenced in or on the Web site are available to all persons or in all geographic locations or jurisdictions. S-R Web services and KHQ, Inc.reserve the right to limit the availability of the Web site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Web site is void where prohibited.