The Chicago Humanities Festival may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. Your continued use of the Website after the Chicago Humanities Festival posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
This Agreement contains the Chicago Humanities Festival’s policy for acceptable use of the Website content posted on or through the Website, the guidelines for comments on the Website, and your rights, obligations and restrictions regarding your use of the Website.
Certain materials that appear on this Website are used by permission of their respective owners. This content is provided solely to enable Users to obtain information on topics of interest. Please do not copy or reproduce, republish, upload, post, transmit, or distribute the content of the Website. Content on the Website may be under copyright to the Chicago Humanities Festival, to partner institutions, or to the content’s respective owners. Content on the Website is not to be used for commercial purposes; it is intended only for personal, non-commercial use. Modification or use of content for any other purpose is a violation of the rights of the Chicago Humanities Festival or third parties. All downloadable video and audio media files are ©2009 Chicago Humanities Festival.
The Chicago Humanities Festival Website is intended for patrons and Website Users thirteen (13) years of age or older. You are responsible for all content that you upload, post, email or otherwise transmit using the Website. Likewise, you are responsible for respecting the Chicago Humanities Festival’s and third parties’ rights with respect to content that appears on the Website and not to download, email or otherwise transmit such content in violation of the Chicago Humanities Festival’s and third parties’ rights.
The Chicago Humanities Festival reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, or to deny, restrict, suspend, or terminate access to all or any part of the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Chicago Humanities Festival expressly reserves the right to deny, restrict, suspend, or terminate access to all or any part of the Website if the Chicago Humanities Festival determines, in its sole discretion, that you have violated this Agreement or pose a threat to the Website and/or its users. Specifically this agreement provides as follows:
2. Access to the Website. Access to certain portions of this Website requires login and password information provided only to Members. The Website login and password are provided for the use of the individual Member only and are not transferable. Any User who obtains a login and password (collectively, “ID”) by any means other than that User’s own registration as a Member is not authorized to use that ID and the Chicago Humanities Festival requests that such User notify the Chicago Humanities Festival of the improperly disclosed ID. Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at the Chicago Humanties Festival’s sole discretion, in cancellation of the Member’s subscription and other remedies, and the Chicago Humanities Festival shall have no liability to the Member. Certain other content or services on the Website may require additional identification or passwords. Members are solely responsible for (i) maintaining the strict confidentiality of their IDs; (ii) not allowing another person to use their IDs to access the Website, (iii) any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs, and (iv) promptly informing Chicago Humanities Festival in writing of any need to deactivate an ID due to potential or actual security concerns. The Chicago Humanities Festivial is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify the Chicago Humanities Festival in writing of any unauthorized use of your ID.
3. Non-Commercial Use. The Website is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Chicago Humanities Festival. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Chicago Humanities Festival Website.
4. Proprietary Rights in Content on the Website.
4a. The Chicago Humanities Festival does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, ideas, proposals, or any other materials (collectively, “Content”) that you display or publish (“post”) on or through the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Website, you hereby grant to the Chicago Humanities Festival a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully paid license to use, modify, publicly perform, publicly display, reproduce, distribute and sublicense such Content.
4b. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Website.
4c. The Website contains content of other Users and other Chicago Humanities Festival licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website.
5. Content Posted.
5a. The Chicago Humanities Festival may delete any content that in the sole judgment of the Chicago Humanities Festival violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. However, the Chicago Humanities Festival assumes no responsibility for monitoring the Website for inappropriate content or conduct. If at any time the Chicago Humanities Festival chooses, in its sole discretion, to monitor the Website, the Chicago Humanities Festival nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
5b. You are solely responsible for the content that you post on or through the Website, any material or information that you transmit to other Members, and for your interactions with other Users. The Chicago Humanities Festival does not endorse and has no control over the content posted by other Users. Content is not necessarily reviewed by the Chicago Humanities Festival prior to posting and does not necessarily reflect the opinions or policies of the Chicago Humanities Festival. The Chicago Humanities Festival makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other Users.
5c. You agree that the Chicago Humanities Festival has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website. The Chicago Humanities Festival retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
6. Content/Activity Prohibited. The following is a partial list of the kinds of content and activity that are illegal and/or prohibited to post on or through the Website. The Chicago Humanities Festival reserves the right to investigate and take appropriate legal action against anyone who, in the Chicago Humanities Festival’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Comments remain on the Website at the Chicago Humanities Festival’s discretion. Prohibited content includes but is not limited to content that:
• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains references to nudity, excessive violence, or offensive subject matter or contains a link to an adult Website;
• solicits personal information from anyone;
• publicly posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes or links to a photograph or video of another person that you have posted without that person’s consent;
• content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
If you believe any of the above prohibited activity is taking place please notify us promptly by contacting us at the following email address: [email protected]
7. Member Disputes. You are solely responsible for your interactions with other Users of the Website. The Chicago Humanities Festival reserves the right, but has no obligation, to monitor disputes between you and other Users.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Chicago Humanities Festival to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to the Chicago Humanities Festival by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Chicago Humanities Festival’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Chicago Humanities Festival, 500 N. Dearborn Suite 825, Chicago IL, 60654; Phone number: (312) 661-1028 ext. 27; Email: [email protected]
10. DISCLAIMER OF WARRANTIES. THE USE OF THE WEBSITE IS SOLEY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CHICAGO HUMANITIES FESITVAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE WEBSITE) WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CHICAGO HUMANITIES FESTIVAL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE CHICAGO HUMANITIES FESTIVAL MAKES NO WARRANTY THAT THE WEBISTE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE TO USE THE WEBSITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE-TO-STATE OR WITHIN NATIONAL JURISDICTIONS. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE WEBSITE.
11. EXCLUSIONS AND LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CHICAGO HUMANITIES FESTIVAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE CHICAGO HUMANITIES FESTIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE WEBSITE.
12. Disputes. If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, City of Chicago.
13. Indemnity. You agree to indemnify and hold the Chicago Humanities Festival, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Website causes the Chicago Humanities Festival to be liable to another.
15. Termination. Your right to access and use the Website and/or content immediately terminates without further notice upon your breach of this Agreement. The Chicago Humanities Festival may terminate this Agreement and/or your right to use the Website at any time, with or without cause. The Chicago Humanities Festival reserves the right to discontinue or make changes to the Website, content and/or services at any time.