Terms of Service
Last Updated: July 12th, 2011
Welcome to NOW SaltLake and thank you for taking time to read our Terms of Service. Your
use of or access to this website (the "Site") constitutes an agreement by to you be bound
by these Terms of Service and to use the Site in accordance with these Terms of Service,
, and any additional terms and conditions that are referenced herein or that
otherwise may apply to specific sections of the Site, or to products and services made available
to you through the Site
We may change these Terms of Service from time to time and will post the revised Terms of
Service on this website with an updated "Last Updated" date. By continuing to use the Site after
we post changes, you accept the most current version of our Terms of Service.
We also reserve the right to deny access to the Site or any features of the Site to anyone at any
time for any reason.
Your Limited Right to Use Site Materials.
Some of the content on this Site is meant to be
shared by email or other electronic means with your friends and associates, such as articles,
events listings, restaurant details, etc. However, all materials available on the Site are the
property of us and/or our affiliates or licensors, and are protected by copyright, trademark,
and other intellectual property laws. The Site is provided solely for your personal use and you
may not use the Site or the materials available on the Site in a manner that constitutes an
infringement of our rights or the rights of anyone else.
Unless explicitly authorized in these Terms of Service or by the owner of the materials, you may
not modify, reproduce, republish, translate, sell, create derivative works of or exploit any of the
content or the materials available on the Site. Additionally, you may not copy, upload, post,
broadcast, directly or indirectly transmit or distribute in any manner or medium any material from
the Site for commercial purposes.
You may, however, share content on the Site via email or other digitals means with individuals
you personally know. You may also post links to content on the Site on your personal social
networking pages, such as your FaceBook, Twitter or FourSquare pages.
For information about requesting permission to reproduce or distribute materials from the Site
in a manner not specifically mentioned in these Terms of Service or for commercial purposes,
please contact us.
Materials and Content that You Submit or Post.
When you submit or post a picture, video,
comment or any other information or material via the Site, you grant us, and anyone authorized
by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license
to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or
publicly perform or display such material, in whole or in part, in any manner or medium (whether
now known or hereafter developed), for any purpose. This includes the right to exploit any
proprietary rights in such posting or submission, including, but not limited to, rights under
copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection
with the exercise of these rights, you grant us the right to identify you as the author of any of
your postings or submissions by screen name as we deem appropriate. You understand that
the technical processing and transmission of the Site, including content submitted by you,
may involve transmissions over various networks, and may involve changes to the content to
conform and adapt it to technical requirements of connecting networks or devices. You will not
receive any compensation of any kind for the use of any materials submitted by you.
Limitations on Linking and Framing.
You are free to establish a hypertext link to our Site so
long as the link does not state or imply any sponsorship of your website or service by us or by
our Site. However, you may not, without our prior written permission, frame or inline link any of
the content of our Site, or incorporate into another website or other service any of our material,
content or intellectual property.
To access certain features of our Site, including discussion forums, claim your business page,
alerts and social networking features, you may be asked to provide personally identifying
information which, depending of the feature you are accessing, may include your name, email
address and phone number. You may also be asked to voluntarily provide non-personally
identifying demographic information including your gender, year of birth, zip code and country.
You agree to provide true, accurate, current and complete information about yourself. If we have
reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof). Our use of any personally identifiable information you provide
Your Username and Password
To use certain features of our Site, you will need a username and password, which you will
create through the Site's registration process. We reserve the right to evaluate and reject or
terminate the use of any username we deem offensive or inappropriate.
You are responsible for maintaining the confidentiality of your password and account, and
are responsible for all activities (whether by you or by others) that occur under your password
or account. You agree to notify us immediately of any unauthorized use of your password or
account or any other breach of security, and to ensure that you exit from your account at the
end of each session. We are not liable for any loss or damage arising from your failure to protect
your password or account information.
Certain sections of this Site may allow you to purchase different types of products and services
online that are provided by third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and services. If you make a purchase
from a merchant on our Site, or on a third-party website that you have accessed via a link on
our Site, the information obtained during your visit to that merchant's online store or site, and the
information that you give as part of the transaction, such as your credit card number and contact
information, may be collected by the merchant or by us. A merchant may have privacy and
data collection practices that are different from ours. As we have no responsibility or liability for
these independent policies. In addition, when you purchase products or services on or through
the Site, you may be subject to additional terms and conditions that specifically apply to your
purchase or use of such products or services. For more information regarding a merchant, its
online store, its privacy policies, and/or any additional terms and conditions that may apply,
visit that merchant's website and click on its information links or contact the merchant directly.
You release us and our affiliates from any damages that you incur, and agree not to assert any
claims against us or any of our affiliates, arising from your purchase or use of any products or
services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on
your behalf through the Site. You agree to use the Site, and to purchase services or products
through the Site, for legitimate, non-commercial purposes only. You agree to only purchase
goods or services for yourself or for another person for whom you are legally permitted to do so.
When making a purchase for a third party that requires you to submit the third party's personal
information to us or a merchant, you represent that you have obtained the express consent of
such third party to provide such third party's personal information.
This site includes features that allow you to share comments, reviews, photos, videos and other
information and materials. By accessing and using any such features, you represent and agree:
(i) that you have read and agree to abide by our Forum Rules;
(ii) that you are the owner of any material you post or submit, or are making your posting or
submission with the express consent of the owner of the material;
(iii) that you are making your posting or submission with the express consent of anyone pictured
in any material you post or submit,
(iv) that you are 13 years of age or older;
(v) that the materials will not violate the rights of, or cause injury to, any person or entity; and
(vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their
respective directors, officers, managers, employees, shareholders, agents, representatives and
licensors, from and against any liability of any nature arising out of or related to any content or
materials displayed on or submitted via the Site by you or by others using your username and
password. Relating to Site Content."
Responsibility for what is posted on discussion forums, reviews, blogs, photo sharing, video
sharing, and other areas on the Site through which users can supply information or material, or
sent via any email services that are made available via the Site, lies with each user - you alone
are responsible for the material you post or send.
You understand that we have no obligation to monitor any discussion forums, reviews, blogs,
photo sharing, video sharing or other areas of the Site through which users can supply
information or material. However, we reserve the right at all times, in our sole discretion, to
screen content submitted by users and to edit, move, delete, and/or refuse to accept any
content at any time for any reason.
You acknowledge and agree that we may preserve content and materials submitted by you, and
may also disclose such content and materials if required to do so by law or if, in our business
judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials
submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal
safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our
licensors, other users, and/or the public.
Limitation on Use of Company Directories
The information contained in any company directories that may be provided on the Site is
provided for business lookup purposes and is not to be used for marketing or telemarketing
applications. This information may not be copied, redistributed or scraped and is provided "AS
IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with
regard to such information.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site,
or any portion thereof, with or without notice. You agree that we will not be liable to you or to any
third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Throughout our Site, we have provided links and pointers to Internet sites maintained by third
parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of
such sites, or the information, products or services offered on or through the sites. In addition,
neither we nor our parent, sister nor subsidiary companies nor any of our respective affiliates
operate or control in any respect any information, products or services that third parties may
provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS
SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL
WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS
MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS,
OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR
LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND
AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective
directors, officers, managers, employees, shareholders, agents, representatives and licensors,
from and against any and all losses, expenses, damages and costs, including reasonable
attorneys' fees, that arise out of your use of the Site, violation of these Terms of Service by
you or any other person using your account, or your violation of any rights of another. We
reserve the right to take over the exclusive defense of any claim for which we are entitled to
indemnification under this section. In such event, you agree to provide us with such cooperation
as is reasonably requested by us.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced,
posted or distributed via the Site in a manner that constitutes copyright infringement, please
inform our designated copyright agent by sending written notice by U.S. Mail to:
MediaOne of Utah
Attn: Legal Department
4770 South 5600 West
PO Box 704005
West Valley City, UT 84170
Please include the following information in your written notice: (1) a detailed description of the
copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly
infringing material on the Site; (3) your contact information, including your address, telephone
number, and, if available, email address; (4) a statement by you indicating that you have a good-
faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent,
or the law; (5) a statement by you, made under penalty of perjury, affirming that the information
in your notice is accurate and that you are authorized to act on the copyright owner's behalf;
and (6) an electronic or physical signature of the copyright owner or someone authorized on the
owner's behalf to assert infringement of copyright and to submit the statement.
Entire Agreement, Governing Law and Severability
This agreement constitutes the entire agreement between us and you with respect to
the Site and supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. You also may be subject to additional terms and conditions that
may apply when you use the products or services of a third party that are provided through the
Site. In the event of any conflict between any such third-party terms and conditions and these
Terms of Service, these Terms of Service will govern. This agreement will be governed by and
construed in accordance with the laws of the State of Utah.
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable,
then that provision will be deemed severable from this agreement and will not affect the validity
and enforceability of any remaining provisions. You agree that regardless of any statute or law
to the contrary, any claim or cause of action that you may have arising out of or related to use
of the Site or these Terms of Service must be filed by you within one year after such claim or
cause of action arose or be forever barred.