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Terms/Conditions and Privacy
User Content
We allow users to make contributions to the Site through our "bulletin
board" and "fans" sections. By submitting any User
Content to the Site, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free right and license to use, reproduce,
display, perform, adapt, modify, distribute, have distributed
and promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose.
Furthermore, you thereby waive any so-called moral rights or other
similar rights in your User Content.
You agree not to submit or post any User Content that: (i) infringes
the rights of a third party, including, without limitation, copyrights,
trademarks, patents, trade secrets, rights of privacy and publicity,
(ii) is libelous, defamatory or slanderous, (iii) condones, promotes,
contains or links to warez, cracks, hacks or similar utilities
or programs, (iv) is pornographic or sexually explicit, (v) does
or may denigrate or offend any ethnic, racial, gender, religious
or other protected group, through use of language, images, stereotypical
depiction or otherwise, (vi) is designed to or does harass, threaten,
defame or abuse others, (vii) exploits minors in a sexual or violent
manner, (viii) promotes, condones or encourages illegal activity
or (ix) is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted
or privately transmitted, is your sole responsibility. User Content
does not necessarily reflect our views or opinions. We shall not
be liable to you or any third party in any way for any User Content,
including, but not limited to, for any errors or omissions in
any User Content, or for any loss or damage of any kind incurred
as a result of the use of any User Content posted, emailed, transmitted
or otherwise made available via the Site.
We generally do not pre-screen, pre-edit or otherwise control
User Content and, as such, do not guarantee the accuracy, integrity
or quality of User Content. By using the Site, you agree to assume
this risk. We reserve the right, but have no obligation, to monitor
interactions between you and other users of the Site or take any
other action in good faith to restrict access to or the availability
of any material that we or another user may consider to be obscene,
lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable.
You agree to respect the rights of others and exercise good judgment.
Without limitation, you agree not to: (i) engage in unsolicited
or unauthorized advertising or any other form of solicitation,
including, without limitation, "pyramid schemes" or
the distribution of promotional materials, "junk mail,"
"spam," or "chain letters," (ii) impersonate
any person or entity or misrepresent your affiliation with a person
or entity, (iii) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any User Content transmitted
through the Site, (iv) make available, introduce into or direct
to the Site 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, (v) interfere with or
disrupt the Site or servers or networks connected to the Site,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Site, (vi) violate any applicable
local, state, national or international law, rules or regulations,
including, without limitation, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, (vii) "stalk" or otherwise
harass another person, (viii) "deep link" to any portion
of the Site, (ix) collect or store personal data about other users,
(x) use any robot, spider, other automatic device, or manual process
to monitor or copy our web pages or the content contained thereon
or for any other unauthorized purpose without our prior express
written permission, (xi) take any action that imposes an unreasonable
or disproportionately large load on our infrastructure, (xii)
display any of the Site in a frame (or any of our content via
in-line links), (xiii) engage in any activity that interferes
with any third party's ability to use or enjoy the Site, (xiv)
assist any third party in engaging in any activity prohibited
by these T erms, or (xv) solicit personal information from, harm
or attempt to harm minors, in any way.
You will be considered in violation if you (or others using your
account) do any of the following: Post, transmit, promote, or
distribute content that is illegal. Thou shall not disrupt the
flow of chat in chat rooms, or discussions threads with vulgar
language, abusiveness, hitting the return key repeatedly or inputting
large images so the screen goes by too fast to read, etc. User
may not impersonate another chitownkids.com member (including
celebrities), attempt to get a password, other account information,
or other private information from a chitownkids.com member, dominate
this website with their views, or those who use it for harassment
or with malice towards anyone, posts that overtake other users
posts, Making repetitive posts in the Message Forum or News Comments,
Posting advertising on the website, and trying to solicit money
for charity, After being banned return under another username,
You register and then delete your email address.
[GENERAL PRACTICE & LIMITS}
You also acknowledge that chitownkids.com may establish general
practices and limits concerning use of the Site, including without
limitation, limiting the maximum number of days that message board
postings or other uploaded content will be retained by the Site.
You agree that chitownkids.com has no responsibility or liability
for the deletion, for the modification or malformation of data
communications over the Site, or for other content maintained
or transmitted by the Site. You acknowledge that chitownkids.com
reserves the right to log off accounts that are, or disconnect
a session that is, inactive for an extended period of time. You
further acknowledge that chitownkids.com reserves the right to
change these general practices and limits at any time without
advanced notice.
Commercial Use
You agree not to use the Site for any commercial purpose, such
as conducting sales of merchandise or services of any kind. Without
limiting the foregoing, you may not resell or link to other sites
for the purpose of selling merchandise of any kind.
Proprietary Rights
You agree that all content and materials available on the Site
are protected by rights of publicity, copyright, trademarks, service
marks, patents, trade secrets or other proprietary rights and
laws. Unless expressly authorized by us, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create
derivative works from materials or content available on the Site.
Notwithstanding the above, you may use the content and materials
on the Site in the course of your normal, personal, non-commercial
use of the Site.
Intellectual Property Rights Policy
We respect the intellectual property rights of others, and we
ask our users to do the same. We will, in our sole and absolute
discretion, terminate the privileges of any user who repeatedly
violates the rights of others.
[MODIFICATION, SUSPENSION AND TERMINATION]
We reserve the right at any time to suspend, modify or discontinue,
temporarily or permanently, any portion of the Site with or without
prior notice. You agree that we will not be liable to you or to
any third party for any suspension, modification or discontinuance.
chitownkids.com expressly reserves the right to immediately modify,
suspend or terminate your account and refuse current or future
use of any chitownkids.com service in the following situations:
(a) if chitownkids.com in its sole discretion believes you have
violated or tried to violate the rights of others; or (b) if we
become aware of information indicating a safety concern for you,
other chitownkids.com users, or the general public, or (c) if
chitownkids.com in its sole discretion, believes that you have
acted inconsistently with the spirit or letter of the TOS or these
Additional Terms. The Fan Section and their benefits are offered
at the discretion of chitownkids.com and chitownkids.com has the
right to modify or discontinue, temporarily or permanently, the
Fans Section service, in whole or in part for any reason, at its
sole discretion, with or without notice to you. You agree that
chitownkids.com will not be liable to you or any third party for
any modifications or discontinuance of the Fans Section service.
We, in our sole and absolute discretion, may terminate your access
to the Site or your account for any reason, including, without
limitation, your breach of these Terms, with or without notice
to you and without liability to you or any third party.
[DISCLAIMERS]
Warranty
Your use of the site is at your sole risk. The site is provided
on an "as is" and "as available" basis. The
club expressly disclaims 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.
chitownkids.com makes no warranty that (i) the site will meet
your requirements, (ii) the site will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained
from the use of the site will be accurate or reliable, (iv) the
quality of any products, services, information, or other material
purchased or obtained by you through the site will meet your expectations,
or that (v) any errors in any data or software will be corrected.
All messages posted to the website are solely the opinion and
responsibility of the poster, and not chitownkids.com. This website
and the servers and other equipment used to host and maintain
it are private property. These Terms of Use have been instituted
both to protect the integrity of this property, and to create
and maintain a respectful environment conducive to the enjoyment
of chitownkids.com fans. Therefore, in the event of a violation
of these Terms of Use, we reserve the right to fully investigate
such violation(s) and take all such actions as we deem prudent
or necessary based upon our evaluation of the violation(s). Without
limiting the foregoing, we reserve the right to contact law enforcement,
track the IP address from which any violation is made, contact
the owner of such IP address in order to identify any violator,
prevent any violator from further access to this site, and to
take any or all such actions (including legal action) as we deem
appropriate to the circumstances. If you disagree or cannot comply
with these Terms of Use, please do not use the site. All reports
of suspicious actions should be e-mailed to (artist site) directly,
to avoid accidental harm to innocent parties.
You expressly understand and agree that we shall not be liable
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 we have been advised of the possibility of such damages), resulting
from: (i) the use or the inability to use the site; (ii) the cost
of procurement of substitute goods or services resulting from
any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from
the site; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on the
site; or (v) any other matter relating to the site.
Links and Third-Party Services
Any third-party links, services, resources or information provided
on or made available through the site are not controlled by us.
Accordingly, we make no warranties regarding such third-party
links, services, resources or information, including without limitation,
warranties of fitness for a particular purpose, merchantability
or non-infringement and will not be liable for your use of or
reliance on such third-party services, resources or information.
Force Majeure
We will not be liable to you or any third party for failure or
delay in performing our obligations hereunder if such failure
or delay is due to circumstances beyond our reasonable control,
including, without limitation, acts of any governmental body,
war, insurrection, sabotage, terrorism, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in
transportation, unavailability of interruption or delay in telecommunications
or third party services (including DNS propagation), failure of
third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of
the Site.
[Legal]
You agree to indemnify and hold chitownkids.com as well as their
subsidiaries, affiliates, owners, associates, licensees, licensors,
officers, agents and other partners and employees (the "Indemnified
Parties") harmless from any claim, demand, action, damage,
loss, cost or expense, including without limitation, reasonable
attorneys' fees, incurred in connection with any suit or proceeding
brought against any of the Indemnified Parties arising out of
your use of the Site or alleging facts or circumstances that could
constitute a breach of any provision of these Terms by you. If
you are obligated to indemnify any of the Indemnified Parties,
such party will have the right, in its sole and exclusive discretion,
to control any action or proceeding and determine whether they
wish to settle it, and if so, on what terms.
The Site is based in and operated from the United States of America.
Information which you send to us by email or which we gather from
you when you visit our website is held and processed in the United
States of America. These Terms shall be binding upon and inure
to our benefit, and the our successors, and assigns. You may not
assign these Terms without our prior written consent. These Terms
contain the entire understanding of the parties regarding their
subject matter, and supersede all prior and contemporaneous agreements
and understandings between the parties regarding their subject
matter. The Terms and the relationship between you and us shall
be governed by the laws of the State of Illinois and the United
States of America without regard to any conflict of law provisions.
No failure or delay by a party in exercising any right, power
or privilege under these Terms shall operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall
not affect the validity or enforceability of any other of these
Terms, all of which shall remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Site or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section
titles in the Terms are for convenience only and have no legal
or contractual effect.
You agree that any dispute arising out of or relating to these
Terms or your use of the Site will be submitted to confidential
binding arbitration in Chicago, IL. Arbitration under these Terms
will be conducted under the prevailing rules of the American Arbitration
Association. The arbitrator's award will be binding and may be
entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration
under these Terms will be joined to an arbitration involving any
other party subject to these Terms, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, to the
extent you have in any manner violated or threatened to violate
the intellectual property rights of chitownkids.com, these persons
or entities may seek injunctive or other appropriate relief in
any state or federal court in the state of Illinois, and you consent
to exclusive jurisdiction and venue in such courts.
[Privacy]
We will have the right to collect, share and use your information
in accordance with our Privacy Policy, which is incorporated by
reference in these Terms. In addition, the artist or band may
have access to and use of information you provide in connection
with your contributions to the fans section and message board.
Use includes, but is not limited to, sending email newsletters,
updates or content related to the artist or band. These messages
may be required as part of the use of chitownkids.com, at the
discretion of the artist or band.
chitownkids.com understands the concerns that its members and
other users of its web site (the "Site") have about
the collection, use, and disclosure of their Personal Information
while online. Accordingly, we have established this Privacy Policy
to make you aware of the information collection and sharing practices
of the Site. This Privacy Policy only applies to transactions
made and data gathered on the Site and does not apply to any other
web site or offline point of contact between us and you. By visiting
the Site, you are accepting the practices described in this Privacy
Policy. Please review this Privacy Policy periodically as we may
update it from time to time.
Your IP Address
Like most e-commerce websites, each time you visit the Site, we
automatically collect your IP address and the web page from which
you came. We use this information to administer and optimize the
Site for you and to diagnose problems with our Site. We use your
IP address to help identify you and to gather broad demographic
information about you.
Personal Information
In some cases, we will collect information from you that can be
used to personally identify you, such as your name, address, phone
number, email address, purchase history, and credit card number
("Personal Information").
We collect Personal Information when you sign up to receive newsletters,
request information regarding an event we sponsor, enter contests,
purchase products, and otherwise as needed to fulfill your requests
for information, products, and services. When we collect this
information, you will know it because you will need to submit
this information to us in order to open your account or receive
the information, product, or service you requested. We use your
Personal Information for our internal purposes, such as maintaining
the Site and fulfilling your requests for products, services,
and information. We also use your Personal Information to send
you information, offers and other promotional materials from us
and selected third parties. We carefully select the information
we send to you and attempt to send you offers that are of value
to you, such as discounts, exclusive offers or special event information.
We provide you with the option of declining to receive offers
from us by "opting-out" of receipt of this type of communication.
Generally, we will not send you communications on behalf of third
parties unless we add our chitownkids.com brand to those communications.
We share your Personal Information with our agents, representatives,
contractors and service providers so they can provide us with
support services such as authorization of credit card transactions,
order fulfillment and sweepstakes and promotional fulfillment.
We do not authorize these entities to use your information for
any other purpose. We may select certain third parties with whom
we will share your Personal Information so that they can communicate
directly with you about their products and services. We attempt
to carefully select these third parties and the specific offers
they intend to communicate to you so that you will receive high
quality, valuable and relevant offers. We generally do not authorize
third parties (except our Event Partners) to communicate with
you without adding our chitownkids.com brand to the communication.
The Site provides you with the option of declining to have your
Personal Information shared with these selected third parties.
We will also provide your Personal Information to a third party
if you purchase products or services offered by third parties
on the Site (such as merchandise in our shop section). Your Personal
Information may be shared with a third party in the event of a
transfer of ownership, assets or a bankruptcy of chitownkids.com.
We may also disclose your Personal Information as required or
permitted by law, to protect the interests or safety of chitownkids.com
or a third party, or to prevent an emergency. Any third party
with whom we share your Personal Information is authorized to
use your Personal Information in accordance with our contractual
arrangements with such third parties and in accordance with their
own privacy policies, over which we have no control. Those who
contact you will need to be instructed directly by you regarding
your preferences for the use of your Personal Information by them.
Security Precautions
Whenever we obtain your Personal Information, we use commercially
reasonable efforts to protect it from unauthorized access or disclosure.
While we will use such efforts, we cannot and will not act as
insurers of the security of your Personal Information transmitted
over the Internet. Accordingly, we assume no liability for any
disclosure of data due to errors in transmission, unauthorized
third party access or other acts of third parties, or acts or
omissions beyond our reasonable control. If you are a member of
chitownkids.com, you should note that when you post a message
on our message board, this information can be viewed by others.
Accordingly, you should not provide any information on our message
board that you do not wish to share with third parties and you
should have no privacy expectations with respect to the information
contained within it.
Warning About Online Disclosure of Information
You should be aware that if you voluntarily disclose information
online in a publicly accessible area, such as in a message board,
that information may be collected and used by others. We do not
control the actions of our users. If you disclose Personal Information
in the message board, or any other publicly accessible place on
the Internet, you do so at your own risk and should understand
that your submitted information may be collected and used by others
to send you unsolicited messages, advertisements, or for other
purposes. Please remember that protection of your privacy begins
with you. You are solely responsible for maintaining the secrecy
of any password you use to register, and you should always be
careful and responsible whenever disclosing information online.
[INVALIDITY OF SPECIFIC TERMS ]
If any provision of these additional terms or any document incorporated
by reference is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the such documents
remain in full force and effect.
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