Below are My Spokane News, LLC's Terms & Conditions (the "Terms"). Please take time to read through them thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from My Spokane News, LLC you agree to our Terms & Conditions and you are aware that you are entering a binding contract - payment is required for services provided.
The below conditions have been construed under Washington State Law and apply to all individuals, businesses or companies ("you" "Client/s" or "Licensee") engaging the services of My Spokane News, LLC, its contractors, subcontractors and employees (the "Company") unless otherwise agreed to in writing by both parties.
The terms and conditions set forth below shall govern the use of any information, content and/or data provided by My Spokane News, LLC to you in either print or digital formats ("Licensed Materials"). The Terms shall govern any use of the Licensed Materials. By accessing or using the Licensed Materials, you signify your assent to these terms of use and license agreement. If you do not agree to these terms of use or license agreement, please do not access or use the Licensed Materials.
With some exceptions such as graphic design services (23), the Licensed Materials are Newsletters ("Newsletters") delivered in one of three formats:
1. In exchange for any applicable fees and subject to certain limitations as described herein, you will be granted the non-exclusive and non-transferable right, throughout the world, to receive access to the Licensed Materials subject to the Terms. This License shall commence upon your first login into any My Spokane News, LLC registration-based website, purchase of any Licensed Materials, or the commencement of any Subscription Period to use the Licensed Materials and, unless sooner terminated hereunder, shall terminate at the end of the Subscription Period (as defined below) and any renewal periods.
My Spokane News, LLC shall:
You shall:
2. After purchase or during a Subscription Period, you may access the Licensed Materials in accordance with the terms herein. You may:
3. You shall not:
4. My Spokane News, LLC does not provide exclusive territory, does not provide exclusive addresses, nor does it monitor the addresses which are receiving your personalized newsletters. Therefore, it is possible that other clients may send their own personalized newsletter to an address on your mailing list. Your mailing list is your own and we will never share it with anyone, see Information Collection (16).
5. Fees are charged on a per-order basis. As long as you have an active account with us you will be deemed to also have an active subscription ("Subscription Period"). During your Subscription Period you have the option to opt-out and not receive the licensed materials (newsletter) on a per-month basis. You will not be charged if you opt-out prior to the posted delivery date. However, if you don't opt-out prior to the posted delivery date, your licensed materials will be delivered in the manner which you have selected and payment will be due.
6. Automatic Subscription Renewal: Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of such subscription term on a month-to-month basis, and you will be charged our then-current fees for the applicable subscription.
7. All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
8. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the applicable Licensed Materials.
9. Modifications to Fees or Billing Terms: My Spokane News, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your subscription by contacting customer service. Your continued use of the Licensed Materials following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
10. All payments are to be made within 15 days of invoicing. If paying by card or other electronic transfer, the Client will incur all payment fees (typically a 3.4% convenience charge) so that My Spokane News, LLC receives the full stated subscription price.
11. This License shall be terminated:
12. On termination all usage rights automatically terminate. For the avoidance of doubt, on termination or expiration of this Agreement you shall immediately cease to distribute or make available the Licensed Materials and you shall remove any and all electronic copies of the Licensed Materials from your systems.
13. Following the expiration or termination of this License, the terms of Sections 3, 24, 29, 30, 31, and 33 as well as any provision required for the interpretation of this License or necessary for the full observation and performance arising prior to the date of termination, shall survive.
14. All sales are final. Since we customize your Newsletter with your image and contact information, no refunds will be given once My Spokane News, LLC processes your order. We will post the cutoff date/time for each month in which licensed materials will be delivered. Before that date/time, you are free to opt-in/opt-out, make changes to your delivery preferences, and/or update your mailing list. Once that cutoff date/time has passed, you are obligated to continue with your order.
15. My Spokane News, LLC charges Washington State Sales Tax on all full-service print orders unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate at the time of order. Self-service Print & Online Version delivery is not subject to Washington State Sales Tax as it is categorized as graphic art. My Spokane News, LLC will abide by the tax laws and if they change, we will adapt to the changes. You will be notified by email if changes are made to the sales tax charged.
16. My Spokane News, LLC strives to ensure the protection of your personal information through responsible practices. We deploy all efforts to protect the private nature of your personal information. Since we collect information from you (potentially including your mailing list), we feel that it is important that you understand how we collect, protect, and use this information. This list summarizes our personal information collection practices. Additional privacy policy information is available on our website at www.myspokanenews.com/privacy.html.
To be clear, we will not share, use, or give out your information (including your mailing list and contacts) to anyone, at any time, unless court ordered. Further, we will take all reasonable measures to keep your information safe including: allowing you to password protect your account, using secure server encryption, and blocking access from outside attacks. Notwithstanding, you will be responsible for keeping your account and passwords safe - see Account Access and Passwords (25).
17. In the normal course of business, My Spokane News, LLC will contact you via email, phone, and/or text. By creating an account or purchasing an order through My Spokane News, LLC, you agree to receive emails related to the status of your account or purchase order, including job status changes, job shipment, or job-related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between My Spokane News, LLC and its customers.
You agree to promptly update your membership or registration information (if applicable) in order to keep it current, complete and accurate. My Spokane News, LLC is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer's email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control.
E-mail notifications are provided as a courtesy to the customer. However, it remains the customer's responsibility to check their "My Account" page or contact a Customer Service Representative for the status on their order.
18. You are fully responsible for final proof and layout approval prior to the printing process. Any jobs that have been approved and/or or sent to press cannot be altered or changed due to the nature of the printing process, and no refund will be given. My Spokane News, LLC shall NOT be LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size, Poor Orientation or Alignment.
Viewing the digital format of the Licensed Materials does NOT show an accurate color reproduction of your final printed piece. Electronic proofs do not show transparency and over print issues. They also do not show the color change from RGB or Pantone to CMYK. Therefore, My Spokane News, LLC will not be liable for color variation between the digital file and the printed product. We will try our best to match the colors of the proof and the printed product but please understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it.
There will be no reprints at our expense.
19. Clients who choose to submit their own artwork, files and/or images to personalize their newsletter are solely responsible for the end result of their appearance when printed. Customers are reminded to submit print-ready artwork with the correct specifications. With all printing there may be some color variations from electronic visual representations of artwork and previous orders to the final printed artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. My Spokane News, LLC is NOT RESPONSIBLE for images printed as fuzzy, distorted or pixilated due to low resolution artwork provided by the customer, especially if it is approved by the customer already. My Spokane News, LLC is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
20. Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
It is the Client's responsibility to ensure that any artwork, images, files and text submitted does not violate United States copyright laws. My Spokane News, LLC and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
21. My Spokane News, LLC reserves the right to refuse and the right to charge additional costs if the Client requests amendments to the original Licensed Materials or custom design beyond basic personalization - see Graphic Design (23).
22. For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred at the time we transmit the product via email or other electronic communication addressed to the customer. My Spokane News, LLC cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
23. Graphic design work may be available upon request if you need work done which is above and beyond the standard personalization services already provided. The price will be bid per job and vary depending on the nature of the work. By ordering and using our graphic design services, you agree that all designs created and revised by employees of My Spokane News, LLC are the sole intellectual property of My Spokane News, LLC. Therefore, this artwork cannot be released to you unless there is a written agreement with payment provided to compensate My Spokane News, LLC for releasing its intellectual property and/or transferring over copyright rights. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
For more information visit www.copyright.com
My Spokane News, LLC and retain exclusive rights to utilize Artwork and all design elements for portfolio & commercial self-promotion indefinitely.
24. My Spokane News, LLC reserves the right to show customers samples of any products we have printed and/or designed. All comments, feedback, suggestions and ideas submitted, copied, or sent to our email address become and remain the exclusive property of My Spokane News, LLC. You relinquish all rights to such comments, feedback, suggestions, and ideas. These may be used and quoted by My Spokane News, LLC in any medium for any purpose anywhere without obtaining your consent. My Spokane News, LLC is not obligated to pay the person who commented any compensation for any of the comments submitted if we choose to publish the comments and the first name and first initial of the last name of the person who commented. You agree you will be solely responsible for the content of any comments you make.
25. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
LINKS & THIRD PARTY CONTENT
26. Our Web Site and/or the Licensed Materials may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under My Spokane News, LLC's control, and My Spokane News, LLC is not responsible for, and does not endorse, such content, whether or not My Spokane News, LLC is affiliated with the owners of such Linked Sites.
27. We may include items created and/or maintained by third-party creators (Third Party Content) in our Licensed Materials. These items may include, but are not limited to, articles, images, news reports, calculation tools, company information, data about real estate markets, MLS data, insurance quotes and premiums, and mortgage rates & information. You acknowledge and agree that the Third Party Content is not created by My Spokane News, LLC. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any product or insurance or make any other type of purchase or decision. Any transactions that you enter into with a vendor, merchant or other Third Party listed in the Licensed Materials or linked from our website are solely between you and that vendor, merchant or other party.
28. In addition, neither My Spokane News, LLC nor any Third Party Content is intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable and that no guarantees are made by My Spokane News, LLC or the My Spokane News, LLC website or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. You acknowledge and agree not to hold My Spokane News, LLC, it's website, any products or services through My Spokane News, LLC or the My Spokane News, LLC website liable for any product purchase or any decision or other transaction you may make based on the your reliance on or use of such data, or any liability that may arise due to the delivery of the Third Party Content for any reason. My Spokane News, LLC, its affiliates and its employees are not in the business of providing insurance, tax or legal advice to anyone.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY CONTENT.
29. Our Web Site and/or the Licensed Materials may from time-to-time and at our discretion contain promotions, coupons, and/or advertisements (Sponsored Content) from Third Party Sources. Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, or republish any Sponsored Content, in whole or in part, by any means.
30. This Web Site and the Licensed Materials are controlled and operated by My Spokane News, LLC. All content on the Web Site and the Licensed Materials, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by My Spokane News, LLC or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to My Spokane News, LLC. By enrolling for the Licensed Materials, My Spokane News, LLC grants you a non-exclusive license in said intellectual property, solely for use in the Licensed Materials provided by My Spokane News, LLC. You may distribute the Licensed Materials, either electronically to your customers or by printing and disseminating to your customers. However, without the prior written consent of the Providers, your modification of the Licensed Materials, violates the rights of the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site and the Licensed Materials, you warrant to My Spokane News, LLC that you will not use our Web Site or Services for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, in addition to any other remedies My Spokane News, LLC or its Providers may have, your permission to use our Web Site and Services immediately terminates without the necessity of any notice. My Spokane News, LLC retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
31. All content on this web site and/or the licensed materials is provided "as is" and without warranties of any kind either express or implied. Other than those warranties which, under the U.S. Laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, My Spokane News, LLC disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither My Spokane News, LLC, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this web site and/or the licensed materials warrant that the functions contained in this web site and/or the licensed materials will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this web site and/or the licensed materials is provided solely for your convenience and information only. My Spokane News, LLC does not warrant or make any representations regarding the results that may be obtained from the use of this web site and/or the licensed materials, or as to the reliability, accuracy or currency of any information content, service and/or real property acquired pursuant to your use of this web site and/or the licensed materials. You agree that we may change or discontinue the licensed materials in our sole discretion and with no prior notice to you. You expressly agree that use of this web site and/or the licensed materials is at your sole risk. You (and not My Spokane News, LLC) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither My Spokane News, LLC, nor its affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this web site and/or the licensed materials, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this web site and/or the licensed materials. By way of example, and without limiting the generality of the foregoing, My Spokane News, LLC and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this web site and/or the licensed materials . You expressly acknowledge and agree that My Spokane News, LLC is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, My Spokane News, LLC's liability is limited to the greatest extent permitted by law.
32. Nothing herein shall be construed to provide that the Web Site or the Licensed Materials is in compliance with any state or local law or regulation with respect to advertising the services of any user thereof, nor to provide any legal advice with respect thereto. It is the sole responsibility of the Licensee to ensure that all state and local laws and regulations are adhered to with respect to the Web Site and Licensed Materials. Licensee hereby agrees to indemnify My Spokane News, LLC for any and all loss with respect to any fine imposed by any state or local government agency regarding the publication and dissemination of the Web Site and Licensed Materials."
33. You are fully responsible for how you use this Web Site and/or the Licensed Materials. You may not share your log-in information with anyone else, but if you do you are fully responsible for how they use the Web Site and/or the Licensed Materials too. You agree to indemnify, defend, and hold harmless My Spokane News, LLC and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
34. These Terms are for the benefit of My Spokane News, LLC and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
35. You agree to be subject to the jurisdiction of Washington State. You agree that any dispute between you and us to enforce these Terms, or in connection with any matters related to this Web Site, will be resolved in Washington State to the exclusion of any other potential venue.
36. You agree that you will not file a class action against My Spokane News, LLC or its Providers, or participate in a class action against My Spokane News, LLC or its Providers. You and we agree that any dispute between you and My Spokane News, LLC or its Providers arising under or related to these Terms, this Web Site and/or the Licensed Materials can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association ("AAA"). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company.
37. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken.
38. My Spokane News, LLC reserves the right to modify or discontinue the Service with or without notice to the user. My Spokane News, LLC shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service. User acknowledges and accepts that My Spokane News, LLC does not guarantee continuous, uninterrupted access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
39. My Spokane News, LLC shall not be liable for any failure or delay in supply or delivery of products or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of My Spokane News, LLC including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
40. The user understands and agrees to follow these Terms and Conditions, and each obligation referenced herein. This agreement represents the entire Agreement between My Spokane News, LLC, its affiliated or related entities, and you, and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.