TERMS OF SERVICE
This agreement governs your access to and use of chicagomediachat.com’s message boards, and services. Terms of Service, or “TOS” may be updated by us without prior notice to you. You may view the most up to date version of the terms of service at any time by visiting http://www.chicagomediachat.com/termsofservice. In consideration for your right to use the Service, you agree as follows:
1. ACCEPTANCE OF TERMS
By the use of the Products and Services present on chicagomediachat.com, you acknowledge that you agree, without limitation or be bound by, and are to comply with, these stated Terms of Service. Your affirmative and express acceptance of these terms of services, in their entirety, occurs at the first moment you utilize any part of chicagomediachat.com. This Terms and Agreement section will be updated as required with or without any prior notice to and acceptance by you. You can access the Terms of Service at any time through this URL. http://www.chicagomediachat.com/termsofservice
Chicagomediachat.com provides users with access to message boards (the “Service”). Any new features that enhance the current Service, including the release of new chicagomediachat.com resources, features, and options shall be subject to the TOS. In consideration of use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and you agree to keep the information true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or chicagomediachat.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, chicagomediachat.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Chicagomediachat.com may establish general practices and limits concerning use of the Service, by example and not limitation, disk space, bandwidth and electronic mail relays.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not chicagomediachat.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Message Board. chicagomediachat.com does not control the Content posted via the Message Board and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Message Board, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will chicagomediachat.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Message Board.
You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a chicagomediachat.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, or interfere or otherwise interrupt the broadcast of FCC licensed stations;
- have multiple chicagomediachat.com profiles and usernames.
You acknowledge that chicagomediachat.com does not pre-screen Content, but that chicagomediachat.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Message Board. Without limiting the foregoing, chicagomediachat.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise determined to be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by chicagomediachat.com or submitted to chicagomediachat.com, including all parts of the Message Board. You understand that any Content you post becomes the property of chicagomediachat.com and you acknowledge and agree that chicagomediachat.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of chicagomediachat.com, its users and the public.
Chicagomediachat.com does not claim ownership of Content you submit or make available for inclusion on the Message Board. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Message Board, you grant chicagomediachat.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
By publishing Content to the chicagomediachat.com message board, you establish that you have either created the Content or have secured permission to reproduce the content on an advertiser-support website, including but not limited to contact with the original creator or publisher and payment of any licensing or syndication fees for re-use of the Content. You agree that any requests for fees requested by any Content provider due to your publishing of content will be directed to you for payment and that chicagomediachat.com will in no way be held responsible for your actions.
With respect to photos, graphics, audio or video you submit or make available for inclusion on the publicly accessible area of the Message Board, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Message Board solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Message Board and will terminate at the time you remove or chicagomediachat.com removes such Content from the Message Board.
6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all applicable United States laws as well as local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold chicagomediachat.com and it’s subsidiaries, affiliates, staff, officers, agents or any other related personnel and entities, harmless to any form of claim or demand, including reasonable attorneys’ fees, made by any third party due to the content posted, submitted, or transmitted by you, your use of the service provided, connection to chicagomediachat.com, violation of the Terms and Agreement or your violation of any rights of another individual, group or entity.
8. ACCOUNT OBLIGATIONS
You are responsible for maintaining the confidentiality of the password and account you receive upon registration, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify chicagomediachat.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. chicagomediachat.com is not liable for any actions taken as a result of your breach of this provision.
9. RESALE AND REPACKAGE OF SERVICES
You are to agree that you will not reproduce, duplicate sell, resell, copy, or exploit the service provided, use of the Service or any access to the Service.
10. MODIFICATIONS TO THE SERVICE
Chicagomediachat.com reserves the right to modify at any time and or from time to time the service that is provided. This can include, modification, discontinuity either temporarily or permanently with or without notice. You are also to agree that chicagomediachat.com is not responsible or liable to you or any third party for any of the modifications, suspensions or discontinuity of the Service provided.
This would also include termination of your login or suspension of your login to the Service.
You agree that chicagomediachat.com may, under certain circumstances and without prior notice, immediately terminate your chicagomediachat.com account, any associated posts and messages, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. Termination of your chicagomediachat.com account includes (a) removal of access to all offerings within the Service, including but not limited to Message Boards and private messaging. (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in chicagomediachat.com’s sole discretion and that chicagomediachat.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that chicagomediachat.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on chicagomediachat.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that chicagomediachat.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that chicagomediachat.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that chicagomediachat.com reserves the right to modify these general practices and limits from time to time.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because chicagomediachat.com has no control over such sites and resources, you acknowledge and agree that chicagomediachat.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that chicagomediachat.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. You agree that chicagomediachat.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by chicagomediachat.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Chicagomediachat.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by chicagomediachat.com for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHICAGOMEDIACHAT.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CHICAGOMEDIACHAT.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHICAGOMEDIACHAT.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHICAGOMEDIACHAT.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHICAGOMEDIACHAT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Chicagomediachat.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
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