Without limitation, you agree to refrain from the following actions while using the Site:
1. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, and in particular, that is harmful to minors, physically threatening, invasive of another's privacy, defamatory, obscene, or that contains hate speech, as well as material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation,;
2. Impersonating an employee of Illinois Times or falsely claiming affiliation with Illinois Times;
3. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any materials transmitted through the Site;
4. Posting adult content or explicit adult material:
5. Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs, or graphics or photographs which depict or simulate sexual acts;
6. Harming minors in any way;
7. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
8. Uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation, except in areas of our Site specifically designated for such purpose;
9. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
10. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
11. Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site;
12. Sending messages for the purpose of, or otherwise engaging in, disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;
13. Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
14. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
15. Interfering with or disrupting the Site or servers or networks through which the Site is provided;
16. Stalking or otherwise harassing any other person;
17. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity;
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site. You understand that any materials that you post, transmit, or otherwise make available for viewing on public areas of the Site, including but not limited to comments and messages posted in response to our news articles (collectively, "User Content") are solely the responsibility of the person from whom such User Content originated. You agree that the Site may or may not, in its sole discretion, pre-screen, monitor or approve any User Content, but that the Site shall have no obligation to pre-screen, monitor or approve such Content. You acknowledge and agree that the Site shall have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any User Content for any reason whatsoever. Any user who violates the Terms may be permanently banned, at our sole discretion, from posting ads or using the Site.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and User Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. enforce these Terms;
3. respond to claims that any Content violates the rights of third parties
4. respond to your requests for customer service; or
5. protect the rights, property or personal safety of the Site, its users and the public.
Use of Materials:
Any User Content that you post, transmit, or otherwise make available for viewing on public areas of the Site, including but not limited to comments and messages posted in response to our news articles (collectively, "User Content"), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Termination of Access:
The Site has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.
Copyright and Trademarks:
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Notification of Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site's Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your name, address, telephone number and e-mail address;
5. A signed 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; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our copyright agent can be reached as follows:
mail: 1240 S. 6th St, Springfield, IL 62703
The Site may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Fees: The Site may impose a fee on the posting of Content in certain areas of the Site. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms. Under no circumstances will the Site provide a refund in the event that Content is removed from fee-based areas for violation of these Terms.
Links: The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.
Release: The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. You understand that the Site does not control, and is not responsible for User Content available on the Site. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
You are entirely responsible and liable for any User Content that you post or that is posted through your Account.
Disclaimer of Warranties for Site:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE 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, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO
1. THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE,
2. ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR
3. ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity: You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Jurisdiction and Choice of Law: These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in the county of Sangamon, and you expressly consent to the jurisdiction of said courts. You also 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.
General: These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Violations: Please report any violations of these Terms to our firstname.lastname@example.org
Severance and Waiver: You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms 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. The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.
Information We Collect: We collect and maintain personally identifiable information and automatic information.
Personally Identifiable Information
"Personally identifiable information" is information that tells us who you are, such as your name, screen name, email address, postal address, phone number, credit card information, birth date/year and gender.
Illinois Times collects and maintains personally identifiable information about you only when you provide it to us. For example, we may collect and maintain personally identifiable information about you when you register for or participate in contests, sweepstakes, promotions, polls, surveys, newsletters and text messages (including contests, sweepstakes, promotions, polls, surveys, newsletters and text messages of certain third parties). We may also collect and maintain personally identifiable information when you post an ad, submit comments to the Site or letters to the editor, submit events for inclusion on our Site, purchase event tickets from us, or otherwise provide it to us when you contact us.
If you do not provide information to us, you may be unable to use certain features of the Site. For example, you cannot post comments in connection with certain articles or register for the Site, contests, surveys or newsletters unless you provide certain information. Also, you will not be able to submit events for inclusion on our Site or purchase event tickets if you do not provide certain information.
Automatic Information and Cookies
"Automatic information" is information automatically collected whenever you visit our site. For example, automatic information includes information collected by our web server (which may be hosted by a third party) that your web browser makes available whenever you visit our Site, such as your browser type and capabilities, network properties, the site that you visited before viewing our Site, content viewed on the Site, and your geographic location. We currently use, or may use, such information in various ways:
Aggregated data: We maintain automatic information in aggregated form, not associated with your IP address or personally identifiable information.
IP address tracking: All computers and servers on the Internet use IP addresses to recognize and communicate with each other. We collect and maintain IP addresses to administer and analyze our Site and report aggregate information (such as how many visitors we have and how many visitors see and click on particular advertisements).
Cookies: This Site uses "cookies." "Cookies" are small text files that allow websites to store and retrieve information about you from your computer system. Illinois Times does serve cookies to track individual site usage for later aggregation and for other purposes explained in this policy. You are always free to decline our cookies if your browser permits, but you may not be able to take full advantage of our Site's features if you do.
Online Behavioral Advertising: Illinois Times may tailor advertisements on the Site to a user's apparent interests, based on user browsing activity. That is, ads may be displayed for you on the Site based on the pages and content that you view. This is sometimes known as first-party online behavioral advertising. Also, your viewing activity on the Site may be shared with advertising networks, so that they can display ads for you, which they believe will interest you, on other sites, not affiliated with Illinois Times. This is sometimes known as third-party online behavioral advertising. Illinois Times Press attempts to deal with advertising networks that are members of the Network Advertising Initiative or the Digital Advertising Alliance, but at times ad networks that are not NAI or DAA participants may have access to your activity on the Site, and hence may use that information in connection with displaying ads to you on other sites.
Advertising networks that are members of Network Advertising Initiative or that participate in the Digital Advertising Alliance have subscribed to certain principles relating to collection and use of information, and may permit users to direct whether or how information about their viewing activities are used for advertising purposes. To register your preferences or choices, or to opt out of behavioral advertising offered by participants in these programs, visit http://www.networkadvertising.org or http://www.aboutads.info.
If you change browsers or computers, or delete the cookies on your computer, you may need to re-enter your preferences or opt-out.
Web Beacons: The Site uses web beacons, which provide website operators and third parties a means to deliver a graphic image on a web page or in an email message for the purpose of gathering data. The Site uses web beacons to gather automatic information such as the duration of a visit to the Site, the web pages viewed, a user's geographical information (e.g., city, state, zip code), IP address, and type of web browser.
Use and Disclosure of Information
We may also maintain and use your personally identifiable information to attribute your comments, letters to the editor and/or other submissions to the Site to you. As has traditionally been the case with our print editions, we may require that you supply certain information to us (such as your real name, daytime telephone number and/or e-mail address) in connection with comments and other submissions to the Site. That is because we may need to contact you, and because your identity may be important to understand your point of view. If you send us comments or other submissions, we reserve the right to publish them in print or display them on this Site in full or in edited form. We normally honor requests to withhold your name and address when provided in connection with comments and other submissions, both in print and on-line, but we reserve the right to use, discuss and report facts that we consider newsworthy relating to submissions even if it might reveal or tend to reveal the poster's identity.
We may combine personally identifiable information and automatic information we obtain from you or your activities with other data concerning or relating to the behavioral and demographic attributes of our customers, in order to identify our best customers, reach them effectively, understand their interests and best manage our relationships with them.
We may also use personally identifiable information to send you advertisements, promotions and information about the Site, Illinois Times and our partners.
If you chose to provide your personally identifiable information for the purposes of a third-party contest, promotion, poll, survey or newsletter, your personally identifiable information will be given to Illinois Times and to the third-party advertiser/sponsor involved with the relevant contest, promotion, poll, survey or newsletter and/or its agents and affiliates. For rules or requirements for contests, promotions, polls, surveys and/or newsletters, please see the applicable page on our Site.
We occasionally have third party agents, subsidiaries, affiliates and joint ventures that perform functions on our behalf, such as credit card processing, shipping or stocking orders, providing customer service, data combination, etc. They are provided access to personally identifiable information needed to perform their functions.
In the event of a sale of Illinois Times or a sale of substantially all Illinois Times assets, personally identifiable information may be one of the business assets transferred or sold.
We may maintain and use automatic information to track how our visitors use the Site, study traffic patterns, and run and maintain the site, and we and other third parties may provide targeted advertisements to you based on such data.
We may share aggregated data with our advertisers and other marketing and business partners.
You may terminate any ongoing communications you receive from Illinois Times via e-mail (such as newsletters, subscriptions, contest results, survey inquiries, etc.) by (1) clicking the "unsubscribe" link that is available within the communication received, or (2) through your online profile.
Some of the material on this Site is for mature audiences, and parents and guardians should take responsibility for monitoring their children's use of the Site. Children under the age of 13 should not use this Site. We do not intentionally collect personally identifiable information from users of the Site who are under the age of thirteen.
Links to Other Sites
This Site provides links to websites maintained by other organizations. Illinois Times provides these links as a convenience to users, but it does not operate, control or endorse such sites. Illinois Times also disclaims any responsibility for the information on those sites and any products or services offered on such sites. Please review the privacy policies of these sites. Illinois Times is not responsible for any actions or policies of such third parties, and does not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer. Illinois Times disclaims any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions.
E-Commerce and Our Secure Server
We use reasonable efforts to protect your personally identifiable information from unauthorized use or disclosure. Unfortunately, information transmitted on the Internet and/or stored on systems attached to the Internet are not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information. We will not be responsible for disclosure of any information due to errors in transmission or the unauthorized acts of third parties.
Updates and Changes to Your Information.
If your personally identifiable information changes, you may view, correct and/or update your personally identifiable information by accessing your profile on the Site.