(Updated as of November 20, 2014)
We are Chicago Reader, a publication of Sun-Times Media, LLC. These Terms cover your use of our sites and services and you agree to these Terms by accessing this site, any of our other sites and/or registering with us. From time to time, we may change these Terms. We will post changes here, so check back every now and then. If you continue to use this site and our services after we post any changes to these Terms, you agree to be bound by those changes. If you do not accept these changes, you must stop using this site, our other sites and our services. If at any time you do not comply with the Terms, you must immediately stop using this site, our other sites and our services. You agree that you do not have rights in this site, our other sites or to our services. You agree that we will not be liable to you if we shut down any of our sites or services, or end your access to our sites and services.
Sometimes, both these Terms and another set of guidelines may apply to our services or products. We call these Additional Terms. If these Terms and any Additional Terms conflict, you must follow the Additional Terms, unless we tell you otherwise. From time to time, we may also change these Additional Terms.
The information, features and content on our sites come from many sources. We may add, change, or remove this content without notice. By accessing or linking to our sites, you assume the risk that the information on this site, any other of our sites or in our products may be incomplete, inaccurate, or out-of-date. You also recognize that it may not meet your needs. Only use this content and our sites for noncommercial and personal use. Do not use this content or our sites for anything other than informational and entertainment purposes.
YOU MAY NOT USE THIS SITE, ANY OTHER OF OUR SITES OR OUR SERVICES FOR ANY PURPOSE THAT WE PROHIBIT IN THESE TERMS OR ANY ADDITIONAL TERMS. WE HAVE DISCRETION TO END YOUR ACCESS TO OUR SITES AND SERVICES, WITH OR WITHOUT NOTICE. FOR EXAMPLE, WE MIGHT END YOUR ACCESS IF YOU DO NOT COMPLY WITH THESE TERMS OR OUR ADDITIONAL TERMS.
As a user of our sites and services, you agree to certain restrictions on your conduct:
You also agree to certain rules that cover our intellectual property and your User Content. These rules are described below in Section 4 and Section 5.
Our Chicago Reader Content
Our sites and products contain articles and opinions. You may also find photographs, graphics, directories, guides, databases and artwork. Sometimes we also post video and audio clips. Our sites and products also have code that we use to set up and run our site. We refer to all of this as Our Chicago Reader Content. In some cases the content on our site is owned by third parties. The third-party content might come with trademarks, logos, and names that may identify its owner or creator. We and our licensors own all of the content on our sites and products. Our Chicago Reader Content is also protected from unauthorized use or copying by many laws. These include copyright, trademark, and publicity laws. Our Chicago Reader Content is also protected by the laws of other countries, international conventions, and treaties.
Through these Terms, we grant you a very limited license to Our Chicago Reader Content as described here. This license is contingent on your compliance with these Terms and any Additional Terms. This license is limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable. It gives you limited rights to download, view, use or play a single copy of Our Chicago Reader Content. This right is only for materials that are publicly available on our sites. There are certain additional restrictions on this license:
You have no license or right to use any of Our Chicago Reader Content in any manner other than as set forth in these Terms. To make other uses, you will need our prior written consent. You can send us a request at email@example.com. You may also need consent from a third party that may own some of the content we display. ANY UNAUTHORIZED USE OF ANY OF OUR CONTENT IS STRICTLY PROHIBITED.
We may offer software for you to view or download on our sites. This software may include podcasts, audio streaming, or video streaming. This software is owned or controlled by us, our affiliates, or our licensors. This software is also protected by copyright laws. You may only use the software for private, non-commercial use. When you use the software, you must comply with these Terms and the terms of the end user license agreement, if any, that comes with the software. We are not liable for any software owned or controlled by third parties.
We may allow you to comment on and participate in interactive features on our sites. These might include blogs and other social communities. We may also allow you to submit content and materials on our sites. For example, you might be able to post photographs, messages, music, or videos. The things you post are your User Content.
You agree that your User Content is accurate and complete. You also agree that:
You are responsible and liable for posts on our sites and services made on your account. If you violate any of these provisions, we may shut down your account. We may also take legal action against you.
We may cancel your account and delete your User Content at any time, and without notice, for any reason or no reason. We are not liable for any information removed from our site or services.
You grant us an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to all or any portion of your User Content. We may use this license to exploit your User Content in any manner and for any purpose. This might include hosting, caching, or storing your User Content. We might also copy, distribute, or sell your User Content. From time to time we might also display, perform, publish, broadcast, or transmit User Content. You also understand that we may modify, edit, reformat, or translate your User Content.
We may use and publish your User Content in any format and in all media that exists now, or may exist in the future. You agree that we may use any part of your User Content, including any of your ideas, concepts, or techniques for any purpose. For example, we may use your User Content to develop, manufacture and market products. We may sub-license any of these rights to other third parties. These third parties may benefit from the rights and licenses granted to us under these Terms and any Additional Terms. Your User Content may be searched and accessed by others.
You represent and warrant that you own your User Content and have the right to grant the license described above. You further represent and warrant that our use of your User Content will not violate anyone’s intellectual property rights or other rights of any person or entity.
Our sites are not intended for minors. You represent and warrant that you have the legal right and capacity to agree to and comply with these Terms. If you are a minor, your parent or legal guardian must read and agree to these Terms for you. You must always hold all rights necessary to enter into and perform your obligations under these Terms and any Additional Terms.
You are solely responsible for your interaction with other users of our sites and services, both online and offline. We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in disputes between you and other users, but we have no obligation to do so.
We respect the intellectual property of others and we ask that you do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent. You should send any claims of copyright infringement on this site to her. Her name is Jennifer Streff, and she may be reached by telephone at (312) 321-2043, by email at firstname.lastname@example.org, or by mail at 350 N. Orleans, 10-S, Chicago, Illinois 60654.
If you believe that your work has been copied in a way that constitutes copyright infringement, we call you a complaining party. The Digital Millennium Copyright Act requires that you give our copyright agent certain information.
In this section, when we say “we” and “us,” we mean our company, our parent companies and our affiliates. We also mean the directors, managers, officers, employees, partners, equityholders, agents and assigns of each of the above companies.
a. General Disclaimers
We make absolutely no representations or warranties about the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations on our sites. Any information or opinion someone posts on our sites is not necessarily our opinion. Posts also do not contain the opinions of our content providers, advertisers and sponsors. We do not represent or guarantee that any posts are accurate, or reliable. We do not determine whether any posts violate the rights of others. You rely on material posted by others at your own risk. We do not give tax or legal advice. We do not advocate the sale or purchase of any investment.
The Internet is not a completely safe place. Sometimes there are security breaches. We are not responsible for any damage to any user's computer from any security breach. We are not responsible for unauthorized interventions. This may include viruses, bugs, or tampering. E-mail and posts on the Internet are not always secure. Do not e-mail or post any sensitive information on our sites and services.
From time to time, our sites and services may be unavailable while we conduct maintenance. We are not responsible for any malfunctions, technical or otherwise. This may include fraud, errors, omissions or delays. We make absolutely no representations or warranties about the suitability, functionality, or performance of our sites and services.
b. Disclaimers for Your User Content
You acknowledge and agree that we have no obligation to review or monitor User Content. You agree that we may delete, re-format, or edit User Content without notice. You agree that we will not be liable to you for such acts. You understand that we will not pay you for your User Content or for our use of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if your User Content is altered or changed in a manner not agreeable to you. You understand that we do not endorse any User Content.
In this section, when we say “we” and “us,” we mean our company, our parent companies and our affiliates. We also mean the directors, managers, officers, employees, partners, equityholders, agents and assigns of each of the above companies.
We make our site, our services, Our Chicago Reader Content and all User Content available to you on an “as is,” “as available,” and “with all faults” basis. This means that we disclaim all warranties, express or implied. For example, this includes the implied warranties of merchantability, quality or workmanlike effort. This includes the implied warranties of accuracy, fitness for a particular purpose, title, and non-infringement. This includes any warranties that may arise from our course of dealing, course of performance or usage of trade. Some jurisdictions do not allow us to exclude implied warranties, so the above exclusions may not apply to you.
b. Limitations on Our Liability for Damages
YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND. FOR EXAMPLE, WE ARE NOT LIABLE FOR DAMAGES IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. WE ARE ALSO NOT LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. WE ARE NOT LIABLE FOR ANY OF THE ABOVE DAMAGES ARISING FROM: (I) OUR SITES, OUR SERVICES, OUR CONTENT OR THE USER CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF OUR SITES OR SERVICES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF OUR SITES, OUR SERVICES, OUR CONTENT OR THE USER CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (V) THE CONDUCT, ACTIONS OR INACTIONS OF USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH USERS; OR (VI) ANY ACT, OMISSION, FAILURE TO PUBLISH, MISTAKE, OR ERROR IN THE PRINTING AND PUBLISHING OF ADVERTISING. WE ARE NOT LIABLE FOR ANY OF THE ABOVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, OUR SITE OR ITS RELATED INFORMATION OR PROGRAMS.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, WE ARE NOT LIABLE FOR ANY AMOUNT OF DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES INCURRED, IF ANY. YOU AGREE THAT ATTORNEYS' FEES WILL NOT BE AWARDED OR RECOVERABLE. YOU AGREE THAT YOU HAVE NO RIGHT TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. YOU AGREE THAT YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
c. Limitations on Our Liability for Loss or Injury
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY. FOR EXAMPLE, THIS INCLUDES DEATH OR PERSONAL INJURY. THIS ALSO INCLUDES LOST PROFITS.
The above provisions in these Terms limit our liability, disclaim warranties, or exclude damages. These provisions are intended to allocate the risks between us. This allocation is an essential element of our agreement and the basis of our bargain. Each of the above provisions is independent of all other provisions in these Terms. The limitations in this Section 11 will apply even if any limited remedy fails of its essential purpose.
In connection with your use of our sites, our services, Our Chicago Reader Content and/or User Content, you agree to indemnify, defend and hold us harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable court costs) arising out of or relating to: (a) your violation of these Terms or any Additional Terms; (b) your dependents’ violation of these Terms or any Additional Terms; (c) your violation of any local, state, federal or international law, rule or regulation; (d) a claim by a third party; (e) your User Content; (f) information or material posted or transmitted through your computer or account, even if not submitted by you; (g) any misrepresentation made by you; (h) any dispute between you and another user of our site and services, (i) the theft, misappropriation or disclosure of your password; or (j) your authorization of anyone else to use your password. When we say “us” and “our,” this includes our parent companies, affiliates, officers, equityholders, employees, and website contractors. This also includes each of their managers, officers, employees and agents. If we ask you to do so, you must give us any documents, support or releases necessary to prove you comply with these Terms and any Additional Terms.
You will cooperate fully and as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will not settle any matter without our written consent.
a. General Arbitration Procedures
We will settle any controversy or claim arising out of or relating to our site, services and products using binding arbitration. We will arbitrate in a location determined by the arbitrator, as long as that location is reasonably convenient for you. We may arbitrate at another location if we both agree. We will use the current procedural rules in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). If the arbitrator enters an award, we may enter it in any court with jurisdiction. We will follow the JAMS Rules and Procedures to select an arbitrator. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and the applicable statutes of limitations. The arbitrator shall honor claims of privilege recognized at law. The costs of arbitration may be too high and prevent you from bringing your claim. If you show evidence of this to the arbitrator, and the arbitrator agrees, we will pay some of your arbitration fees. The arbitrator will decide how much we must pay. We both have the right of discovery in any arbitration. Discovery must be completed within sixty (60) days after the demand for arbitration is made. We may agree to extend the deadline. You agree to all of the provisions in Section 11 that limit our liability for damages.
b. Class Actions
YOU AGREE TO ARBITRATE ALL DISPUTES IN YOUR INDIVIDUAL CAPACITY. YOU SHALL NOT ARBITRATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY USING OUR SITES AND SERVICES, YOU AGREE TO THE FOREGOING. DO NOT USE OUR SITES OR SERVICES IF YOU DO NOT AGREE TO THE FOREGOING.
If any part of this arbitration provision is found invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the JAMS rules, then the remaining arbitration provisions shall remain in effect. The remaining arbitration provisions shall be construed as if the invalid, unenforceable, illegal or conflicting provision were not included. If, however, the provision that claims will not be arbitrated on a class or representative basis is deemed invalid, unenforceable or illegal, then this entire arbitration provision shall be null and void.
c. Governing Law and Jurisdiction
Your use of our sites and services, Our Chicago Reader Content and the User Content are governed by U.S. law. Your use of the foregoing is also subject to all applicable federal, state and local laws and regulations. All issues and questions about these Terms, or our rights and obligations in connection with our sites and services, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to the Illinois conflict of laws rules. Any matters or proceedings that are not subject to arbitration as set forth in Section 13 of these Terms, and any proceeding to enter any judgment on an arbitration award, shall take place in the courts in Cook County, Illinois.
We may link to websites operated by third parties. We do not monitor or control third party sites. We are not liable or responsible for any of the content, products, or services available at these sites. You access any third party site at your own risk. If we link to a third-party site, that does not mean we endorse, sponsor, or recommend the third party or its content, products, or services.
Third parties advertise goods and services on our sites. Your dealings with these third party advertisers are between you and the advertiser. You agree that we are not liable for any loss or damage from your dealings with third parties, or the goods and services they offer on our sites. You agree that we are not responsible for any terms and conditions, warranties, or representations associated with your dealings with third parties.
Descriptions of, or references to, any third party’s products or publications within our sites and services do not mean we endorse that product or publication.
Please review all third parties’ policies and practices carefully before you deal with a third party. Send your complaints and questions about third party materials directly to that third party.
From time to time, we may require registration or ask for your information. For example, we may ask for information before you post on a message board or access certain of Our Chicago Reader Content. You may choose not to give us any information. If you decide not to give us any information, you may not be able to access certain content or features of our sites. When you provide information to us, you agree it is accurate and complete. It is your job to keep your information accurate and complete.
If you register with us, you are responsible for your account or password. You agree you will not sell, transfer or assign your membership or your rights. You are responsible for protecting your password. You must prevent others from using your account without your permission. We are not liable for any loss or damage if someone else uses your password or account, with or without your knowledge. We may terminate your account or deny you access to any part of our site without notice and without liability.
We may charge fees for access to all or part of our sites and services at any time. We will ask for your consent to pay any charges. All fees and charges must be billed to and paid by you. You will pay all applicable taxes.
Deals you purchase through our website as a Real Deal Chicago Reader account holder are promotional offers made available by participating merchants through the Real Deals service. The Deals are redeemable for specific goods, services and/or experiences offered by the merchant identified in the Deal. Each merchant is solely responsible for redeeming the Deal, including the goods, services and/or experience provided to you. We are in no way responsible for fulfilling the Deal, and are not responsible for any injury, illness, damages, claims, liabilities and/or costs (“Claims”) in connection with your purchase and/or use or misuse of any Deal, in full or in part. You agree to release and hold harmless, Chicago Reader, its parent companies, its affiliates and each of their subsidiaries, affiliates, partners, officers, directors, employees and agents from any Claims arising from or related to any act or omission of a merchant in connection with your use of a Deal or the services/goods provided in connection with it.
By purchasing any Deal you agree to these Terms and these Terms of Sale. By purchasing, printing, accepting, using or attempting to use any Deal, you agree to these Terms of Sale specifically (“Rules”) the terms on the Deal itself and any additional, deal specific terms advertising the Deal at the time of purchase (collectively, the “Fine Print” regardless of how labeled). These rules apply to all Deals that we make available, unless a particular Deal’s Fine Print states otherwise, and except as otherwise required by law. In the event of a conflict between these Rules and a Deal’s Fine Print, the Deal’s Fine Print will control.
The merchant identified on the Deal is the sole issuer of the Deal. Deals have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the Deal. For example, if you pay $30 for a Deal that gets you $80 of goods or services from a merchant, the full offer value is $80, the amount paid is $30 (this amount does not expire until it is used or is refunded), and the promotional value is $80 (this amount expires on the date stated on the Deal unless expiration of the promotional value is prohibited by law).
If a merchant or venue refuses to honor any Deal, we will refund the amount paid upon request in the original form of payment, or will credit the Real Deal account of the purchaser for future purchases on the Real Deal website. Need a refund or have a question? Contact us at email@example.com. Deals are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Deals is prohibited. The promotional value of a Deal may not be combined with other offers and no portion of its value is intended to cover tax or gratuity.
From time to time we may offer Deals for admission to a Chicago Reader Exclusive Event on a specific date and venue (“Event Deal”). Event Deals do not have any value once the respective event date and time has passed. Event Deals will only be refunded to the purchaser if the event is canceled and not rescheduled. Event Deals may not be combined with other offers and are not valid for credit at any of the participating merchants.
From time to time, we may offer a sweepstakes or other promotion. Our promotion may be governed by a separate set of rules that describe the promotion. Our promotion may have eligibility requirements. For example you may have to be a certain age or live in a certain state to participate. Read those rules to determine whether you are eligible.
We offer an RSS service. If you use RSS aggregators, our RSS service gives you feeds of headlines and other content (“RSS Content”) in XML format. You may only use our RSS service for private, non-commercial use. Any other use is prohibited. For example, you may not charge others a fee to view the RSS Content or incorporate advertising into the RSS Content. We may stop offering the RSS Content at any time and for any reason. We are not liable for your use of RSS Content or our service.
You may only use our RSS service on a platform that links directly to the full article on our site. Any display of our RSS Content must mention our name. You may not modify, edit or otherwise alter the RSS Content.
We retain all ownership and intellectual property rights in and to the RSS Content. We grant you a non-exclusive license to use the RSS service only if you comply with these Terms.
You agree that you will abide by the following restrictions on advertising:
In addition to the provisions in Section 12, you agree to indemnify and hold us harmless from all liability, loss or expense arising from any claims related to our publication of your advertising. For example, this includes claims of unfair competition or unfair trade practices. This also includes any intellectual property claims. For example, this may include claims of libel, plagiarism, or infringement of trademark. This may also include claims related to trade names, patents, or copyrights. This may also include violation of third party privacy rights.
We operate our site and services in the United States. Our Chicago Reader Content may not be appropriate or available in other countries. Do not access our sites or services where they are illegal. Do not access our sites and services where Our Chicago Reader Content or your User Content may be illegal. If you access our sites and services from other locations, you do so at your own risk. You are solely responsible for compliance with applicable local laws. Do not use or export our sites and services, Our Chicago Reader Content or your User Content in violation of U.S. export laws and regulations on exports. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if it applies.
We will determine whether you comply with these Terms and any Additional Terms. If you violate these Terms or any Additional Terms we may restrict your access to our sites and services. We may also contact law enforcement. We will only waive these Terms in writing with an authorized Company officer’s signature.
We reserve the right to discontinue or terminate any of our sites and services without notice and in our sole discretion. We reserve the right to terminate your right to use our sites and services at any time. We reserve the right to restrict or block your access to and use of our sites and services at any time. Any termination will not limit our other remedies we may have against you at law or equity. If we terminate your access to our sites and services, you must destroy all materials you took from our sites and services. You must also destroy any copies you made or software you installed. We will aggressively enforce our rights to the fullest extent of the law, including criminal laws.
We are independent contractors for all purposes. These Terms and your access to our sites do not create an agency or partnership relationship. These Terms and your access to our sites also do not create a joint venture, employee-employer or franchisor-franchisee relationship. You agree that any notices or communications that we send you electronically will satisfy any legal requirements for notices in writing. If any provision of these Terms or any Additional Terms is found to be invalid by any court with competent jurisdiction, the remaining provisions will remain valid and in force. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
Sometimes events occur that are beyond our reasonable control. For example, an act of God, war, fire, riot, terrorism, or an earthquake could force us to violate these Terms. A federal, state or local governmental could require us to violate our Terms. We might not comply with these Terms because of those events. This will not mean that we breached these Terms.
These Terms are the entire agreement between us for your use of our sites and services. All earlier agreements between us that cover the subjects in these Terms are no longer valid.
Contact us with comments or questions at firstname.lastname@example.org.
These Terms were last updated on November 20, 2014.