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Scripps Networks, Inc. ("SNI"), the owner of the
ScrippsNetworks.com website (the "Website"), reserves the right to, in its sole
discretion, modify these Terms of Use at any time and you agree to be bound by
such modifications. You may review the most current version of the Terms of Use
by clicking on the "Terms of Use" hyperlink at the bottom of any webpage
throughout the Website. You are responsible for periodically reviewing the
Terms of Use for changes. If you continue to use the Website after changes have
been made, you are signifying your acceptance of the new terms, regardless of
whether you have reviewed the new terms.
Certain areas of the Website may include additional guidelines or rules that
supplement these Terms of Use. By using those areas of the Website, you
are agreeing to comply with those additional guidelines and rules.
ACCESS
You are responsible for providing at your own expense the Internet connection,
hardware, software, or other equipment necessary to access and use the
Website. To the extent that you use a phone line, wireless device, or
other mechanism for accessing the Website, you may incur additional costs
(including, without limitation, long distance phone charges, download fees, or
access fees). You are solely responsible for any costs you incur to
access the Website.
CONSENT TO ELECTRONIC DELIVERY OF NOTICES
To the extent that SNI is required to provide you with any notices, agreements,
or other information regarding the Website, you agree that SNI may deliver such
information electronically, including, without limitation, posting the notices
on the home page of the Website. To withdraw your consent to receive
notices electronically, you must discontinue your use of the Website.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All materials on this site as of August 2006 are owned by SNI or used with
permission from the owner. All rights reserved. SCRIPPS NETWORKS and the
SCRIPPS NETWORKS LOGO are registered trademarks of SNI.
All materials on this site, including, but not limited to images,
illustrations, audio clips, video clips (the "Materials") and the design,
layout and color selection of the Website, are protected by copyrights,
trademarks, patents, trade secrets, other proprietary rights and/or
international treaties, which are owned or licensed by SNI. No material
from the Website or any other website owned or operated by SNI may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any
way other than specifically provided in this Terms of Use.
You may make one copy of any Materials for personal, non-commercial, home use
only, provided all copyright and other notices contained in the Materials are
left intact. Any modification of the Materials or use of the Materials for any
other purpose constitutes an infringement of SNI's or its licensor's copyright
and other proprietary rights. Use of any Materials on any other website or
other networked computer environment is specifically prohibited. If you become
aware that Materials are being used in violation of the Terms of Use, you may
notify SNI here privacy@hgtv.com.
SNI may discontinue or change any content, service, or feature of the Website
at any time and without providing advance notice.
SUBMISSIONS
Although comments and questions about the Website are welcomed, SNI does not
accept unsolicited submissions, creative ideas or other content for its
programs, products, or Website. Any bulletin board postings, messages,
suggestions, ideas, or concepts that are submitted shall become, and remain,
the property of SNI. Furthermore, SNI is not responsible for the
confidentiality of any information communicated to the Website. By sending
material to the Website, you agree that SNI has the right to reproduce,
distribute, display, perform, and modify the material in any manner or media
for any purpose, including, but not limited to, advertising and promotional
purposes.
FORUMS
SNI is not responsible for any material posted in any bulletin board, chat
room, or any other public area on this Website, including, without limitation,
the “MarketPlace” section of the Website (each, a “Forum”). SNI is merely
providing access to material in such Forum(s) as a service to you and Forums
shall be used only in a noncommercial manner, for entertainment purposes only,
unless otherwise expressly indicated. You shall not, without SNI’s express
approval, distribute or otherwise publish any material containing any
solicitation of funds, promotion, advertising, or solicitation for goods or
services. SNI specifically permits such materials in the “MarketPlace” section
of its websites, subject to the additional terms of MarketPlace. You
specifically acknowledge that soliciting other guests to join or become members
of any commercial enterprise or other organization in any public forum without
SNI’s prior written approval is expressly prohibited. You may not use
information posted in Forums to create contact lists to send or facilitate
sending unsolicited email solicitations, including, without limitation, “spam”
email solicitations.
With respect to any materials posted for inclusion in Forums by parties other
than SNI, such parties are responsible for the reliability, accuracy, and
truthfulness of the material that they post and such matters are beyond the
control of SNI. Similarly, SNI has no control over whether such material
is of a nature that users will find offensive or otherwise unacceptable and
expressly disclaims any responsibility for such material. Just as when you
obtain materials in any other setting, you should exercise appropriate
discretion, good judgment and caution in accessing materials in any of the
Forums and in taking any actions based upon material in such Forums.
Accordingly, you will bear all risk associated with any such material that you
access.
ADVERTISERS FEATURED IN THE MARKETPLACE AREA OF THE WEBSITE ARE NOT AFFILIATED
WITH SCRIPPSNETWORKS.COM, SNI, OR ANY OF THEIR RESPECTIVE AFFILIATED
ENTITIES. THE INCLUSION OF AN ADVERTISEMENT IN THE MARKETPLACE SECTION OF
THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION WITH RESPECT
TO THE PRODUCTS OR SERVICES ADVERTISED. THE ADVERTISEMENTS ARE PROVIDED
TO YOU FREE OF CHARGE AND CARRY NO EXPLICIT OR IMPLICIT WARRANTIES OR
REPRESENTATIONS. YOU ACKNOWLEDGE AND AGREE THAT SNI IS NOT RESPONSIBLE OR
LIABLE FOR ANY POSTINGS IN THE MARKETPLACE AREA OR ANY CONTENT FOUND ON THIRD
PARTY SITES LINKED TO FROM THE MARKETPLACE AREA. ANY DEALINGS YOU HAVE
WITH SUCH ADVERTISERS, OR ANY OTHER ADVERTISERS FEATURED ON THE WEBSITE, ARE
BETWEEN YOU AND THE ADVERTISER AND YOU ACKNOWLEDGE AND AGREE THAT SNI, ITS
PARENT, SUBSIDIARIES, DISTRIBUTORS, AND AFFILIATES, AND ITS AND THEIR OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY LOSS OR
CLAIM THAT YOU MAY HAVE AGAINST ANY ADVERTISER.
With respect to any materials you elect to post for inclusion in Forums, you
must only post content that you created or that you have permission to
post. By posting materials, you grant to SNI, its affiliates and
distributors, simultaneous with such posting, the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, transmit, translate, create derivative works
from, distribute, perform and display such material (in whole or part)
worldwide in perpetuity and/or to incorporate it in other works in any form,
media, or technology now known or later developed. You agree not to upload,
transmit, distribute or otherwise publish in any Forum any material that:
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is libelous, defamatory, deceptive, fraudulent, tortuous, obscene, abusive,
pornographic, threatening, harassing, or an invasion of privacy of any person;
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infringes the intellectual property rights of any person, corporation, or
entity, including, but not limited to, copyrights, trademarks, patents, and
trade secrets;
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is illegal or unlawful in any way or advocates illegal or unlawful activity;
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is an advertisement or solicitation of funds, goods, or services (unless
approved by SNI in writing or posted specifically in the MarketPlace area, in
accordance with the terms of use or other agreements applicable to postings in
that area);
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impersonates another user, person, corporation, or entity;
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includes personal information such as messages which identify phone numbers,
social security numbers, account numbers, addresses, or employer references
(unless expressly requested by SNI in a secure environment, such as a
registration process or for processing payments);
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can be construed as a chain letter of any kind;
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victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
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contains viruses or any other computer code, files, or programs that interrupt,
destroy, or limit the functionality of any software, hardware, or
telecommunications equipment, or otherwise permits or enables the unauthorized
use of a computer or computer network;
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violates these Terms of Use or otherwise interferes with the use of the
Website.
You also agree to indemnify, defend, and hold harmless SNI, its parent,
subsidiaries, distributors, and affiliates, and its and their officers,
directors, employees, contractors, and agents for any claims or suits arising
from your posting of such material in a Forum.
To the extent that you use the Website in a manner that could damage, disable,
overburden, or impair the Website, or SNI’s servers or networks, SNI may take
any legal steps and/or use any technical means necessary to enforce the Terms
of Use and the enjoyment of the Website by others.
SNI reserves the right to monitor, edit and/or delete any postings deemed
inconsistent with its policies and/or this Terms of Use, but does not have the
obligation to do so. If you are aware of any such material posted on the
Website, please contact us at privacy@hgtv.com.
Please provide as much detail as possible, including a copy of the underlying
material, the location where SNI may find it, the reason(s) such postings
should be removed and a statement, signed under penalty of perjury, certifying
the accuracy of the information you provide to us. To the extent any notice is
based on an alleged copyright or trademark violation, please provide copies of
applicable state or federal registration certificates. Although SNI will do its
best to monitor materials in Forums, in no event does it assume any particular
obligation to do so or liability for any failure or delay in either monitoring
the Forums or removing specific material.
LINKS
SNI is not responsible for the content of any sites which may be linked to or
from the Website. These links are provided for your convenience only and you
access them at your own risk.
DISCLAIMERS
By using this Website and/or posting material, you agree to indemnify SNI, its
parent, subsidiaries, distributors, and affiliates, and its and their officers,
directors, employees, contractors, and agents for any and all claims, damages,
losses and causes of action arising out of your breach of the foregoing Terms
of Use, or your use or misuse of the Website. SNI reserves the right, at its
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you agree to cooperate with
SNI in asserting any available defenses. The Materials on this site are
transmitted and distributed "as is" and without express or implied warranties
of any kind, including, but not limited to, warranties of title, implied
warranties of merchantability, or fitness for a particular purpose. SNI makes
no warranty as to the quality, accuracy, completeness and validity of any
Material on this Website and does not warrant that the functions contained on
the Website will be uninterrupted or error-free, or that defects will be
corrected. No oral or written information or advice provided by a SNI
representative shall create a warranty. Where applicable law does not
allow the exclusion of implied warranties, the foregoing exclusions may not
apply to you.
Except as explicitly indicated on the Website, the material provided on this
Website is for entertainment and promotional purposes only. Information and
opinions expressed in bulletin boards or other Forums are not necessarily those
of SNI. Neither SNI, its parent, subsidiaries, distributors, affiliates nor its
or their officers, directors, employees, contractors, and agents, are
responsible or liable for any loss, damage (including, but not limited to,
incidental, exemplary, actual, consequential, or punitive damages), liability,
claim, or other injury or cause related to or resulting from any information
posted on the Website or your use of, inability to use, or reliance upon the
Website. These exclusions apply to claims for lost profits, lost data,
loss of goodwill, work stoppage, computer failure or malfunction, or any other
commercial damages or losses, even if SNI knew or should have known of the
possibility of such damages. Because some states or jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental
damages, in such states or jurisdictions, SNI’s liability, and the liability of
its parent, subsidiaries, distributors, affiliates, and its and their officers,
directors, employees, contractors, and agents, shall be limited to the extent
permitted by law.
JURISDICTION AND GENERAL TERMS
SNI does not represent or warrant that materials on this Website are
appropriate or available for use in locations outside the United States of
America, and accessing the Website from territories where content on the
Website is illegal is prohibited. If you choose to access this Website from
other locations, you do so at your own risk and are responsible for compliance
with any and all local laws.
This Terms of Use shall be governed by and construed in accordance with the
laws of the State of New York, as it is applied to agreements entered into and
performed within that State, but specifically excluding conflicts of law
principles. The United Nations Convention on Contracts for the
International Sale of Goods shall have no applicability to this Terms of
Use. Any action brought to enforce this Terms of Use or matters related
to this site shall be brought in either the State or Federal Courts of the
State of New York located in New York County and you agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of litigating
any claim or action under this Terms of Use.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE (1) WAIVING CLAIMS
THAT YOU MIGHT OTHERWISE HAVE AGAINST SNI BASED ON THE LAWS OF OTHER
JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE
JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF NEW
YORK OVER ANY DISPUTES OF CLAIMS YOU HAVE WITH SNI; AND (3) SUBMITTING YOURSELF
TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE
PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
If any provision of this Terms of Use is deemed void, unlawful or otherwise
unenforceable for any reason, that provision shall be severed from this
agreement and the remaining provisions of the Terms of Use shall remain in
force. Your right to use the Website automatically terminates if you violate
these Terms of Use or any rules or guidelines posted in connection with the
Website. SNI also reserves the right, in its sole discretion, to
terminate your access to all or part of the Website, for any reason, with or
without notice.
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