DESERET DIGITAL MEDIA, Inc, A DESERET MEDIA COMPANY, Inc.
ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by Deseret Digital Media, a Deseret Media Company on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through Deseret Digital Media, affiliates of Deseret Digital Media, including but not limited to KSL RADIO, KSL TV, KSL.com, FM 100, and the Arrow or merchants ("Merchants") offering Certificates/Vouchers for sale ("Certificates/Vouchers") which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End Userís password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Deseret Digital Media, and Deseret Digital Media shall not be responsible for any data lost while transmitting information on the Internet. While it is Deseret Digital Mediaís objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Deseret Digital Media, access to the Site may be interrupted, suspended or terminated from time to time.
Deseret Digital Media shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Deseret Digital Media may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Modified Terms.
3. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Deseret Digital Media, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Sites are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Deseret Digital Media shall not be liable for any damages to the End Userís equipment resulting from the use of this Site.
Based upon our understanding and current information, no recalls involving products that have been sold on any of the Deseret Digital Media sites that have been sold have been issued since July 1, 2010. You can check and search for recalls by logging on to the U.S. Consumer Product Safety Commission (CPSC) historical database.
5. Copyright Policy.
Deseret Digital Media reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Deseret Digital Media by the copyright owner or the copyright ownerís legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Deseret Digital Media with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright ownerís behalf. Contact information for Deseret Digital Mediaís Copyright Agent for notice of claims of copyright infringement is as follows:
Digital Media, A Deseret Media Company
Attn: Legal Department
55 North 300 West, Ste 800
Salt Lake City, UT 84101
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of Deseret Digital Media, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DESERET DIGITAL MEDIA, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Deseret Digital Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End Userís personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Deseret Digital Media or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Deseret Digital Media shall not be deemed to be in the public domain but rather the exclusive property of Deseret Digital Media, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Deseret Digital Media unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Deseret Digital Media does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Deseret Digital Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End Userís personal use. End User hereby grants Deseret Digital Media the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Deseret Digital Media, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
II.TERMS OF SALE
The Voucher you purchase through Deseret Digital Media is redeemable for goods or services by the Merchant. The Merchant, not Deseret Digital Media, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Deseret Digital Media sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Certificates/Vouchers.
For this section, "Restaurant" shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Certificates/Vouchers.
2. Terms and Conditions for Non-Restaurant Merchant Certificates/Vouchers
3. Vouchers and Merchants
All Certificates/Vouchers shall be subject to the terms and conditions of Deseret Digital Media and the participating Merchant. The Merchant is the seller of the goods or services which you are purchasing. The holder and issuer of a Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Certificates/Vouchers or portions thereof. You waive, and release Deseret Digital Media and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Certificates/Vouchers or any portion thereof.
According to the law of the jurisdiction in which the Merchant is located, the Merchant is the sole issuer of the voucher and Deseret Digital Media (KSL and Deseret News Deals) is a service provider for the Merchant identified on the voucher. The promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. Vouchers have two separate values: (a) the "amount paid" and (b) the promotional value. The "promotional value" is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the "full offer value" of the voucher. For example, if you pay $10 for a voucher that gets you $25 of goods or services from a Merchant, the full offer value is $25, the purchase value is $10 (this amount does not expire until it is used or is refunded), and the promotional value is $15 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law). Promotional vouchers that are sold as a ticket for a program, event, concert for a specified time and date will EXPIRE on the date and time specified on the voucher. A ticket or voucher redeemable for admission to a specific ticketed event and venue has no value once the event date and time has passed and will have no promotional or purchase value after the expired date specified on the voucher. Vouchers for live entertainment or other ticketed events are refundable only on the day of purchase unless the event is cancelled and not rescheduled by the venue or merchant. Vouchers for live entertainment or other ticketed events are sold inclusive of all taxes and additional fees unless otherwise noted and cannot be combined with other offers. Vouchers for live entertainment or other ticketed events do not include any applicable gratuity. Vouchers for live entertainment or other ticketed events are not eligible for upgrades and are not transferable. For more information visit our web site at ksl.com/deals. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Deseret Digital Media will refund the paid portion of your Voucher in the form of a credit of equivalent number of "deal bucks" for future purchases on the Deseret Digital Media deals sites. Deseret Digital Media (KSL and Deseret News Deals) "deal bucks" do not expire. In order to receive the credit, you must provide the following information in writing to email@example.com: (a) identification of the Voucher Name and unique Voucher Number and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant. Vouchers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of vouchers is prohibited. For more information visit our website at ksl.com/deals.
Your correspondence or business dealings with or participation in promotions of, third party merchants or advertisers that are found on or through the sites or which provide links on the sites, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Deseret Digital Media and agree to hold Deseret Digital Media and its affiliates harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the sites. Thank you for choosing Deseret Digital Media and its deals program.
1. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USERíS SOLE RISK. NEITHER DESERET DIGITAL MEDIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR CERTIFICATES/VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DESERET DIGITAL MEDIA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
2. Limitation of Liability.
IN NO EVENT SHALL DESERET DIGITAL MEDIA, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL DESERET DIGITAL MEDIAíS LIABILITY IN CONNECTION WITH A DESERET DIGITAL MEDIA EXCEED THE AMOUNTS PAID FOR SUCH DESERET DIGITAL MEDIA, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Deseret Digital Media shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Deseret Digital Media, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Deseret Digital Media shall have the right, but not the obligation, to remove any material that Deseret Digital Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
4. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Deseret Digital Media a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Deseret Digital Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneysí fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Deseret Digital Media from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchantís failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Deseret Digital Media may terminate this Agreement at any time. Without limiting the foregoing, Deseret Digital Media shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Deseret Digital Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions regarding trademarks will survive termination of this Agreement.
Deseret Digital Media is a trademark of Deseret Digital Media, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Deseret Digital Media are the property of their respective owners.
8. Third-Party Content.
Deseret Digital Media, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Deseret Digital Media has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Deseret Digital Media.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Deseret Digital Media. Deseret Digital Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Deseret Digital Media by anyone other than authorized Deseret Digital Media employee spokespersons while acting in official capacities. Under no circumstances will Deseret Digital Media be liable for any loss or damage caused by an end userís reliance on information obtained through Deseret Digital Media. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Deseret Digital Media.
Deseret Digital Media contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Deseret Digital Media of the contents on such third-party sites, and Deseret Digital Media hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Deseret Digital Media expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Deseret Digital Media reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Deseret Digital Media established by Deseret Digital Media, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.