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Terms & Privacy

Terms Of Use

Acceptance Through Use. This website (the "Site") is operated by CougarFan and Deseret Digital Media ("Operator"). By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use from time to time. Operator may change any of the Terms of Use at any time without notice by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.

No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age twelve (12) or younger). Children should not use the Site or submit any information to Operator.

Privacy. You should review the Privacy Statement posted elsewhere at the Site before using the Site.

Links to Third Party Sites. The Site may contain links to websites operated by third parties. These links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under Operator's control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site.

User Submitted Content. By posting or submitting any content or other materials to the Site, including any audio or video files, classified advertisements or personal information (collectively, "Your Content"), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, obscene or pornographic, and (3) use of Your Content as provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator's business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.

Indemnification. You will indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys' fees, that arise from the exercise of the License set forth above or from your use of the Site.

Intellectual Property. You acknowledge that all content and materials available at the Site other than Your Content (collectively, the "Content") are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the site for any commercial purpose, including but not limited to, sending unsolicited commercial email or making unsolicited commercial phone calls. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator's permission. Operator's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the Notice and Take Down materials posted elsewhere at the Site.

Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE "SITE MATERIALS"), ARE PROVIDED ON AN "AS IS/WHERE IS/AS AVAILABLE" BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.

Choice of Law. This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site will be filed only in the state or federal courts located in Salt Lake County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.

Integration and Severability. These Terms of Use, along with thePrivacy Statement and the Notice and Take Down, if any, posted elsewhere at the Site, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use, the Privacy Statement, the Notice and Take Down or the, if any, are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.

Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Contact Information. Questions concerning these Terms of Use or the Site should be directed to support@cougarfan.com

Privacy Policy

Last revised May 24, 2018

The following Privacy Policy (the "Policy") describes how Deseret News Publishing Company, which owns and operates the website CougarFan.com collects, uses, and shares personally identifiable information and non-personally identifiable information through the website CougarFan.com and mobile applications it operates (collectively, the "Site") and the services, features, or content we offer (collectively with the Site, the "Services"). This Policy supplements the Terms of Use posted elsewhere within the Site. You should read the Policy and the Terms of Use before you use the Site. If you do not agree with this Policy, please do not use the Services.

Changes to this Policy. We may change the Policy at any time by posting revisions to the Policy on the Site. Therefore, you should review the Policy from time to time. If you do not accept all of the terms, conditions and notices set forth in the Policy, you must exit the Site immediately. We will post a notice for 30 days at the top of this page notifying users when this Policy has been updated or modified in a material way.

Collection of Information from Children. The Site is not directed to, or intended for use by, children (defined as anyone under thirteen (13) years old). Children should not use or submit any information through the Site or its Services. If you are under the age of 13, you only may use the Services with permission from your parents or guardians. Deseret Digital Media does not knowingly collect personally identifiable information from users under the age of 13. If a child under 13 submits information through any part of the Services, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Type of Information Collected. We may collect two general types of information when you use the Site:

Personally Identifiable Information ("PII"), which includes your first and last name, home or other physical address, telephone number, email address, user id, other identifiers that permit physical or online contact with you, or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories. You also may view or engage with our Site and its Services through third-party social networking sites or social media plug-ins and applications. When you engage with the Site and its content through such third-party sites, plug-ins or applications, we may have access to certain information from your social media profile, such as your name, photo, gender, birthday, location, videos, your list of friends, etc. This information is included in the definition of PII.

Non-personally identifiable information ("non-PII") such as, the type of browser you are using, the type of operating system you are using, the web pages you have visited, sites visited before and after you visit the Site, the type of handheld or mobile device used to access the Site or other device-specific information.

Certain features available within the Site will require you to submit PII about yourself as a condition of participation. Some of the features may be offered by us, while others may be offered by third parties. (For example, you may be required to submit PII in order to enter a contest we conduct, to order certain products and services we offer, or to receive news updates by email from a third-party news source.) When you choose to submit PII to a third party in connection with your use of the Site, the third party's privacy policy, rather than this Policy, will control the use of your PII. YOU CAN ALWAYS REFUSE TO PROVIDE PII TO US, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF THE SITE FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT PRODUCTS OR SERVICES THAT MAY BE OF PARTICULAR INTEREST TO YOU.

How Information is Collected. We collect information both actively and passively. For example, we will collect information about you that you voluntarily provide while on the Site. In addition to information provided directly by you, we (and third parties that offer features through the Site) may collect non-PII through the use of "cookies," "web beacons," "Flash cookies" or by other electronic means.

Cookies. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer's hard drive, where it can be used to identify your computer. Cookies can be used to measure web site usage, improve navigation around web sites, and personalize a returning visitor's experience on the web site. In most cases, you can set your browser to turn off cookies or to notify you before you receive one so that you can decide whether to accept it or not. Because cookies allow you to take advantage of some of the features on the Site, we recommend that you leave them turned on. If you block or reject our cookies, some of the features on the Site may not work for you. You can refer to the instructions for your browser to learn more about these functions.

Web Beacons. We, our third-party service providers, advertisers and partners also may use "web beacons" or similar technologies. Web beacons are small strings of code placed on a web page to collect data about how visitors use the Site. For example, web beacons may be used to count the number of users who visit the Site or to deliver a cookie to the browser of a visitor to the Site. If you set your browser to turn off cookies, web beacons and similar technologies will detect your visits to the Site, but they will not associate your activity on the Site with information that otherwise would be stored in cookies. We do not control tracking technologies used by third parties on the Site.

Flash Cookies. The Site uses locally stored objects, also called "Flash cookies," when it uses Adobe Flash Player ("Flash") to provide special content such as video streaming, video on demand, video clips or animation. Flash, and similar applications, use Flash cookies to remember visitors' Site settings, preferences and usages. Flash cookies are managed directly through Adobe's website, rather than through your web browser.

Third-Party Advertising and Third-Party Web Sites. This Site allows advertising by third parties that provide links to third-party web sites. Internet advertising companies and the third-party websites on whose behalf they advertise (collectively "Third Parties") may use the technology described above to send (or "serve") directly to your browser the advertisements that appear on our Site. When this happens, Third Parties automatically receive non-PII, such as information from your computer and browser, including your cookie information. They also may use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements; collect information about the effectiveness of their advertisements; collect anonymous information about your visits to the Site, such as the number of times you have viewed an ad; or customize the advertising content you see. Third Parties will not collect your name, address, or other PII, unless you affirmatively provide it to them. We let Third Parties set and access their cookies on your computer. Third Parties' use of their own cookies is subject to their own privacy policies. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/optout_nonppii.asp. When using a mobile application, you may receive tailored in-application advertisements. Each operating system provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the instructions and/or the privacy settings for your operating system to find out how to opt out of tailored in-application advertisements.

Third Party Links. Please note that this Site contains links to other web sites that do not follow this Policy. For instance, clicking on an advertisement, links or other elements on the Site may take you to an entirely different site. Links to other sites may use our Site logo or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. After you leave our Site, this Policy will no longer apply to PII or any other data collected from or provided by you. You should check the other web site's applicable privacy policy to determine how it will handle such data.

How Information Is Used and Shared. We use your PII for the purpose of conducting our business and pursuing our legitimate interests. For example, we use your PII to:

  • Create and manage your account;
  • Provide the products and services you request;
  • Enroll you in contests, programs or other offers you request;
  • Tell you about other products and services that may be of interest to you (you can opt out of receiving such communications by following the instructions provided in the communication);
  • Process payment for purchases you have made;
  • Protect against or identify possible fraudulent transactions;
  • Analyze the use of our Site;
  • Develop new products and services;
  • Understand how you arrived at the Site;
  • Manage the Site and Services;
  • Enforce our Terms of Use; and
  • Enforce the terms of this Policy.

In the event that Deseret Digital Media is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, PII and non-PII, may be one of the transferred assets, and may therefore be used by a third party acquirer in accordance with this Policy. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes.

WE MAY DISCLOSE NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO A THIRD PARTY FOR COMPENSATION.

In addition, we may share your information as described below:

Information You Elect to Share: You may choose to share information with Third Parties by clicking on links to those Third Parties from within the Site. In addition, you may elect to share information, including PII, through the Services offered on the Site by, for instance, posting comments on comment boards. Some of your activity on the Site, including content you have posted, is public by default. Some of this content may include PII.

Third-Party Advertisers and Web Sites: We may share your non-PII with, or make your non-PII available to, Third Parties as described in the section above titled Third-Party Advertising and Third-Party Web Sites.

Information Disclosed to Vendors, Partners, Service Providers, and Others for Business Purposes: We contract with vendors to provide services related to the Site and may share PII with such vendors in order to provide products or services to you or to help maintain the Site. We also may share non-PII with our partners, service providers and other persons with whom we conduct business. We will only share your PII in accordance with applicable law.

Information Disclosed for the Protection of the Site and for Others. We may disclose PII when (1) required by law or to respond to legal process or lawful requests, including from law enforcement; (2) when we believe it is necessary to prevent, investigate, or address (a) possible illegal activities, including fraud, (b) violation of our Terms of Use, (c) violation of this Policy, or (d) threats to the physical safety of any person; or (4) to protect our rights or property.

Forums. The Site may include forums (such as message boards, chat rooms, comment boards, and reviews) that enable users to post a comment or communicate with each other. We are under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum within the Site. We retain the right to delete at any time and for any reason any material posted within the Site.

Information Security. We take information security seriously, and we use reasonable administrative, technical and physical safeguards to protect the PII we collect from unauthorized access, use or disclosure. But we have no control over the security of other websites on the Internet that you might visit. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.

Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications always will remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission's Web site at http://www.consumer.ftc.gov/ for information about how to protect against identity theft.

Your Rights. Under the law of some countries, you may have certain rights with respect to your PII. These rights include the right to: (i) request access to and rectification or erasure of your PII; (ii) obtain restriction of processing or object to processing of your PII; and (iii) ask for a copy of your PII to be provided to you or a third party in a machine readable format. If you wish to exercise one of the above-mentioned rights, please send us your request to the contact details set out below. If you have unresolved concerns, you may also have the right to lodge a complaint about the processing of your PII with your local data protection authority in the European Union or elsewhere.

California Privacy Rights. Under California law, California residents may request once a year, free of charge, certain information regarding our disclosure of PII to third parties for direct marketing purposes. Specifically, we will provide a list of the categories of PII disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. To make such a request, please email us at privacy@deseretnews.com or write to us at: Legal Department, Deseret News Publishing Company, 55 North 300 West Suite 500, Salt Lake City, Utah 84101. We reserve our right not to respond to requests submitted other than to the email or postal address specified above. You should put "California Privacy Rights" in the subject line and in your request. You must provide us with the specific information regarding yourself so that we can accurately respond to your request.

California Do Not Track Disclosure. Certain web browsers may allow you to enable a "do not track" option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the "do not track" option selected may still accept cookies. Deseret Digital Media does not respond to "do not track" signals. If we do so in the future, we will modify this Policy accordingly. More information about "do not track" is available at www.allaboutdnt.org.

We do not authorize the collection of your PII for third party use through advertising technologies without you providing consent directly to such third parties.

Users From Outside the United States. This Site is hosted in the United States and is governed by U.S. law. If you are using the Site from outside the United States, please be aware that Deseret Digital Media is located in the United States and your PII will be stored and processed in the United States where we locate and operate our servers and databases. The data protection laws in the United States may not be as strict or comprehensive as those in your country. However, we value your privacy and always strive to treat it in accordance with applicable law. By voluntarily sharing your PII with us, you understand that your PII will be stored and processed in the United States.

Retention. We retain your PII for as long as you remain a customer and thereafter only for the period necessary to fulfil the purposes outlined in this Policy, unless a longer retention period is required or allowed by law, including to fulfil a legal obligation.

Contact Information. Questions concerning the Policy or the Site, including any request to review or change your PII, should be directed to privacy@deseretnews.com. You may also contact us by mail using the following address:

Attn: Legal Department
Deseret News
55 N 300 W STE 500
Salt Lake City, UT 84101
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