USATODAY.com Terms of Service

The USATODAY.com web service (the "Service") contains material which is derived in whole or in part from USA TODAY and other sources and is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service including code and software. You may download material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

As part of our Service, USATODAY.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use our service in accordance with these Terms. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on the website. By continuing to use USATODAY.com after we post any such changes, you accept the Terms of Service, as modified.

License to USATODAY.com
By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are granting USATODAY.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Privacy Policy
The following policy outlines the way we use and don’t use the information that you transmit when you visit our website.

When you respond to a request by USATODAY.com for personal information (for example, your name and e-mail address), we reserve the right to use the information that you give us and to disclose it to third parties to provide you with information about products and services. If you do not want to receive e-mail or other correspondence related to USATODAY.com or other promotions or products, please indicate your preference when you are asked to provide the information.

In addition, please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through email, or in chat areas - that information can be seen, collected and used by others.

Through USATODAY.com you will be introduced to a variety of third-party vendors and sites. For example, you can review the products offered by the vendors included in our "Shop.USATODAY.com" section, and there are contests and sweepstakes operated by third parties in which you can participate. The privacy polices of these third parties are not under our control. The use of any information that you may provide to any third party will be governed by the privacy policy of the operator of the site that you are visiting, which may differ from ours. As well, in some cases these third parties may share the information that they collect about you with USATODAY.com. If you have any doubts about the privacy of the information you are providing, you should look for the privacy policy of the site that you are visiting via a link from that site's home page or elsewhere. If you cannot find that site's privacy policy, or if you are uncertain about the entity to whom you are providing your information, you should contact that site directly for more information.

To enhance your experience at USATODAY.com, we utilize a standard feature found in browser software called a “cookie.” Cookies are small files that your web browser places on your hard drive for record-keeping purposes. When you re-visit our website, they don’t actually identify you, just that your computer has visited our site before. By showing how and when guests use our site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of our site where you have entered preference information before.

Some of our business affiliates and advertisers also use cookies. Again, because we do not control the privacy policies of our business affiliates, advertisers or any non-USATODAY.com sites to which we may provide hyperlinks, you should check the privacy policy of the site you are visiting if you have any concerns about that site's use of cookies.

Children's Privacy Statement for USATODAY.com
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

• We do NOT knowingly collect personally identifiable information from children under the age of thirteen. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.
  
• Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOT knowingly distribute such information to third parties.
  
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.
  
• Because we do not collect any personally identifiable information from children under the age of thirteen, we do NOT condition the participation in online activities of a child under thirteen on providing personally identifiable information.

Questions on Privacy
If you have questions or concerns about the children's privacy statement, the privacy practices of the USATODAY.com site, or your dealings with USATODAY.com, please contact us by:

e-mail:
feedback@usatoday.com

mail:
USATODAY.com
Attn: Marketing Department
1000 Wilson Blvd.
22nd Floor
Arlington, Va. 22229

phone:
703-276-3400

Disclaimer
USATODAY.com has provided links and pointers to Internet sites maintained by third parties. Neither Gannett Satellite Information Network, Inc., the owner of USATODAY.com, or its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through USATODAY.com or on a website linked to by USATODAY.com. The materials in this site and the 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, USATODAY.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. USATODAY.com does not warrant that this website 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.

USATODAY.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not USATODAY.com) assume the entire cost of all necessary maintenance, repair or correction.

The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Shop.USATODAY.com/Online Commerce
In addition, the Shop.USATODAY.com section and other sections of the USATODAY.com site may allow you to purchase many different types of products and services online that are provided by third parties. USATODAY.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a vendor hosted by Shop.USATODAY.com or linked to by USATODAY.com, the information obtained during your visit to those online stores, and the information that you give such as your credit card number and contact information, is collected by the merchants and not by USATODAY.com. These merchants may have separate privacy and data collection practices. USATODAY.com has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release USATODAY.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through USATODAY.com.

Use of Company Directories
The information contained in any company directories that may be provided on the USATODAY.com site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will USATODAY.com or its suppliers be liable in any way with regard to such information.

Interactive Features
This Service may include a variety of features, such as bulletin boards and chat rooms, which allow feedback to USATODAY.com and real-time interaction between users, and other features such as personalized home pages and e-mail services which allow users to communicate with others. USATODAY.com does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:

• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Service to post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Use the Service to post or transmit any information, software or other material which contains a virus or other harmful component.
• Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand that USATODAY.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, USATODAY.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in USATODAY.com 's sole discretion are objectionable or in violation of these Terms of Service.

Registration
To use certain features of the Service, such as chat rooms or bulletin boards, you must register with USATODAY.com on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If USATODAY.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, USATODAY.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords
To use certain features of the Service, you will need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify USATODAY.com 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. USATODAY.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall USATODAY.com, its subsidiary and 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, USATODAY.com materials, products, or services, third party materials, products, or services made available through USATODAY.com, or any part of the USATODAY.com Service. You specifically acknowledge and agree that USATODAY.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any USATODAY.com material, products, or services, or with any of USATODAY.com 's terms and conditions, your sole and exclusive remedy is to discontinue using the USATODAY.com Service.

Termination
USATODAY.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other
This agreement constitutes the entire agreement between USATODAY.com and you with respect to the subject matter contained in this agreement 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 Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.