The Salt Lake Tribune Terms of Service
Last Updated on December 7, 2017
Acceptance of Terms of Service (“Terms”)
These terms and conditions are entered into by and between you and The Salt Lake Tribune (“SL Trib”, “we”, “our”, or “us”). These Terms govern your access to and use of our website (www.sltrib.com) (the “Website”), and any of our mobile applications (“Apps” together with the Website, the “Services”), whether as a guest or a registered user.
Please note that these Terms include Disclaimers of Warranties and Limitations of Liability.
The Services are offered and available to users who are 18 years of age or older. If you are not 18 years old or older, please do not use the Services unless you have the express permission of your parent or guardian. If you are the parent or guardian of a user under 18 years of age, then you are responsible for their use of the Website and compliance with these Terms.
Accessing the Services and Account Security
Subject to the terms and conditions of these Terms, SL Trib grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Services for your personal and non-commercial use. We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection and account are aware of these Terms and comply with them.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check these Terms often for updates.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You are responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials.
Intellectual Property Rights
The Services and all of its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, photos, and the design, selection and arrangement thereof), are owned by SL Trib, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Services available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as authorized by the Terms. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or distribute, sublicense, lease, rent, loan or otherwise transfer the Services to any third party. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by SL Trib.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: firstname.lastname@example.org.
Apps may be available only for certain mobile devices. We may update, change and discontinue which devices are available from time to time. An App may not be compatible with your mobile device. No mobile device is compatible if it has been modified from the manufacturer’s software or hardware guidelines, including any disabling of controls, “jail breaking” the device or adding malware. Use of such a modified mobile device with an App or the Services is expressly prohibited and is grounds for termination of these Terms and your use of the Services.
With all Apps, you are responsible for:
- Determining compatibility with your mobile device;
- Understanding whether the terms of your agreement with your mobile device manufacturer and mobile service carrier apply to your use of the App;
- Controlling access to and use of your mobile device to prevent the bypassing, disabling, or overriding of any restrictions, security measures, or other limitations of an App or your device and to prevent malware or other malicious code from being introduced to your mobile device; and
- Complying with all third party terms, including those of the applicable app provider, such as Apple or Google. These Terms are between SL Trib and you. The app store service providers, such as Apple and Google, are not a party to these Terms and are not responsible for the App or for furnishing you maintenance and support services with respect to the App.
You acknowledge and agree that the app store service provider from which you downloaded the Apps is a third-party beneficiary of these Terms and may therefore enforce the terms of these Terms against you.
You acknowledge that SL Trib, not the app store service provider, is responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) infringement of a third party’s intellectual property. You also acknowledge that all claims under the foregoing sentence are subject to all other terms and conditions in these Terms.
As a friendly reminder, THE SALT LAKE TRIBUNE, the SL Trib name and all related names, logos, product and service names, designs and slogans are ours (or our affiliates or licensors). You can’t use our trademarks without our prior written permission. Any other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners. Please respect the rights of those parties and do not use their marks without permission either.
You may use the Services only for lawful purposes and in accordance with these Terms. You may not access or use the Services to take any action that could harm SL Trib or any third party. For example, and without limitation, you agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- By commenting under multiple aliases or accounts. Users believed to be posting under multiple accounts will be banned.
- By using comments as a way to drive traffic to a blog, other website or any product or services. Legitimate linking to other sources of information relevant to the story is encouraged; ending your comments with a link to your personal site is considered spamming.
- To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm SL Trib or users of the Services or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, denial-of-service attack, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- To otherwise attempt to interfere with the proper working of the Services in any way.
User Contributions and Submissions
The Services allow you to post content and communicate with others. Anything that you post on or through the Services or otherwise submit to us through the Services, including comments, is referred to as “User Contributions.” User Contributions must not:
- Contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, including foul or off-color language.
- Promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Contain personal attacks against others, name-calling, slurs, hate speech or bigotry.
- Threaten to hurt or kill anyone, even in jest.
- Contain personal information of any person or entity that is used without the person or entity’s permission.
- Contain “creative spelling” or special characters to circumvent the system’s banned-words filters.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person -- don’t post content that you do not have right to or own.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization or use multiple accounts.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, advertising or attempting to otherwise drive traffic to another website, blog or similar location.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Troll or make statements with the apparent intent to incite an argument rather than discuss a topic.
Any User Contributions you post to the Services will be considered non-confidential and non-proprietary. You represent, warrant, and covenant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees; and (ii) your User Contributions comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute (or that are submitted or contributed through your account), and you, not SL Trib, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
SL Trib does not endorse any User Contributions submitted to the Services by any user, or any opinion, recommendation, or advice expressed by any other user, and SL Trib expressly disclaims any and all liability in connection with User Contributions.
How SL Trib can use your User Contributions
To operate the Services, we need to be able to do various things with your User Contributions. By providing any User Contributions on or through the Services, you grant us and our licensees the perpetual, non-exclusive, sublicensable, transferrable, worldwide, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, disclose to third parties, commercialize and create derivative works from all User Contributions for any purpose without attribution or payment to you.
We have the right, but aren’t required, to monitor, edit and remove any User Contributions. We don’t take responsibility or assume liability for any User Contributions. Keep in mind that our Services have a lot of activity, so it’s difficult to keep up with everything that users do on the Services.
We welcome letters of up to 200 words on a single topic of general interest. If published, in addition to the terms provided above, all letters becomes the sole property of SL Trib, may be edited for length, grammar, accuracy or clarity, and stored or reproduced by electronic means. Letters must include the writer’s full name, street address and daytime telephone number, though only the name and the city of residence will be published. Letters by email to email@example.com are encouraged. Submissions should have the word “letter” in the subject line and not include attachments. Only one letter per writer can be published in any 30-day period.
Copyright and Trademark Infringement
SL Trib takes claims of infringement seriously. We will respond to notices of alleged infringement that comply with applicable law and that provide sufficient information. Please note, however, that we are not a court and are unable to resolve disputes regarding the users of the Services.
If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Services;
- An address, telephone number and email address where you can be contacted;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
If you receive a copyright notice from us that you believe is incorrect, then you may send a counter notice to our Designated Agent. After receiving a counter notice, we may reinstate the content in question under Sections 512(g)(2) and (3) of the Copyright Act. A counter notice must include:
- A physical or electronic signature of the alleged infringer;
- A description of the material that was removed or to which access was disabled;
- A description of the location where the allegedly infringing work was located on the Services before it was removed or access was disabled;
- A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification;
- The alleged infringer’s name, address and telephone number; and
- A statement that the alleged infringer consents to the jurisdiction of the federal court with jurisdiction over the address provided by the alleged infringer, or if the alleged infringer is outside of the United States, then that the alleged infringer consents to jurisdiction in Salt Lake City, Utah and will accept service of process from the party who is alleging the infringement.
If you fail to comply with all of the requirements of the DMCA for a notice or counter notice, then such notice may not be effective.
Our Designated Agent can be reached at:
Stoel Rives LLP
201 South Main Street, Suite 1100
Salt Lake City, Utah 84111
Fees and Payments
We reserve the right to charge fees for access to the Services or portions of the Services at any time. We will not, charge you for access to the Services without first obtaining your prior agreement to pay such charges. You may cancel your account at any time, but no refunds will be given. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges will be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You represent, warrant and covenant that you (a) have the authority to bind yourself to these Terms, (b) are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (c) are not listed on any U.S. government list of prohibited or restricted parties. You also agree that by using the App, you are electronically signing these Terms and that such signature has the same effect as a standard ink or paper signature. You acknowledge and agree that you: (i) are able to print a complete and legible copy of these Terms and save the same in a complete and legible form, (ii) are capable of opening, reading, printing, downloading and/or saving all sections of these Terms, and (iii) had reasonable opportunity to review each section of these Terms, read these Terms and agree to them.
Important Note to New Jersey Consumers
There are some special rules for residents of New Jersey. If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the Section titled Limitations of Liability below, specifically the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the Section titled Limitations of Liability below, specifically the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in the Section titled Limitations of Liability below, specifically the application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in the Section titled Indemnification below, specifically the requirement that you indemnify SLC (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in the Section titled General Terms below, specifically the Utah governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK.
SL TRIB MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE SERVICES, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
SL TRIB IS NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICES OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SERVICES AND FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. CONTENT AND INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation on Liability
IN NO EVENT WILL SL TRIB, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SL TRIB’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE AND IN CONNECTION WITH YOUR USE OF THE SERVICES IS LIMITED TO $50. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless SL Trib, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) brought by a third party and arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
No Class Actions
YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.
Waiver of Jury Trial
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE SUBJECT MATTER OF THESE TERMS.
Suspension and Termination
You may stop use of the Services at any time. SL Trib may suspend, restrict or terminate your use of the Services at any time and for any reason without prior notice.
ALL MATTERS RELATING TO THE SERVICES AND THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, EXCLUDING UTAH CONFLICT OF LAW RULES. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR THE WEBSITE IS SALT LAKE COUNTY, UTAH. YOU AND SL TRIB CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court will fully enforce the resulting Terms.
Use of the terms “including” and “include” mean “without limitation” and indicate non-exclusive lists of items.
Your Comments and Concerns