This Agreement sets forth the terms and conditions of your use of the accompanying Public Narrative’s online version of “Chicago Media Guide” (“the Guide”). Your establishment of an account with us (“Account”) or your use of the Guide constitutes your acceptance of the Agreement. You must be 18 years or older to use the Guide. Your acceptance of the Agreement provides you with a limited and temporary license and permission to access and use the Guide, which license and permission we may revoke at any time, as described below.
1. LICENSE GRANT. Public Narrative (sometimes referred to as “us” or “our”) grants to you (Licensee) a non-exclusive, non-transferable license to use the Guide in the manner described below under “Scope of Grant.”
2. CONDITION OF LICENSE. The above license is granted to Licensee only if and so long as Licensee agrees to conduct all activities hereunder in conjunction with a Community Media Relations Subscription.
3. WARRANTY. PUBLIC NARRATIVE DOES NOT WARRANT THE GUIDE AND YOU ACCEPT IT “AS IS.” PUBLIC NARRATIVE HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, BECAUSE CUSTOMER SERVICES IS A PRIMARY VALUE OF PUBLIC NARRATIVE, WHICH TAKES PRIDE IN ITS PRODUCT, CALL WORKSHOP OFFICES TO DISCUSS POSSIBLE PRODUCT DEFECTS. THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES
4. REGISTRATION, USER NAME, PASSWORD AND SECURITY.
(a) Registration. Registration may be required to access the Guide. We will not grant you access unless you have completed any necessary registration and paid the requisite fees, if any.
(b) Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely, in accordance with this Agreement, your username, password, and any other registration and access info for the Guide. You are responsible for all activity that occurs under your account. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username, password, or any other registration and access info or (ii) any unauthorized use of your username, password, or any other registration and access info for the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us.
5. SCOPE OF LICENSE GRANT. You may use the Guide on any web-enabled computer with a browser for customary and reasonable purposes consistent with the mission of Public Narrative. We are not responsible for any damage done while allowing other users access to your account and account information, which may result in the immediate termination of your account at our discretion to protect Public Narrative or other Guide users from harm, damage or vulnerability of private information.
6. PURCHASES. The terms and conditions applicable to products and services available for sale are available here. We reserve the right to modify the price of any services, content or products offered for purchase. In order to purchase services, content or products offered for purchase, you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card information and billing address; you represent and warrant that all such information you provide is complete and accurate. Our Privacy Policy explains how we may use such information collected via the Services. Your ability to purchase services, content or products offered for purchase is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. By utilizing a credit or debit card for purchase of any of the services, content or products offered for purchase, you authorize us to charge such card on a periodic basis as specified in the amount described on the services/products purchase path(s).
7. TITLE. Title, ownership rights, and intellectual property rights in the Guideshall remain in Public Narrative. The Guide is protected by copyright and other intellectual property laws and by international treaties. You may not charge any third party to access your Account or for any of the data you access through your Account.
8. TERMINATION. This Agreement and the license granted hereunder and your Account may be terminated immediately if you fail to comply with the limitations described herein or engage in any conduct detrimental to other users of the Guide or us, and may otherwise be terminated at our sole discretion for any reason upon seven days notice.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by laws set forth by the state of Illinois, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise).
10. ACCEPTANCE OF AGREEMENT: Upon subscribing to and/or using the Guide, You agree to, and will be deemed to, have signed the Agreement, as if you signed a written agreement in hard copy. From that moment, you will enjoy the benefits of the license described herein and will be subject to its restrictions.
11. LINKS. The Guide may contain links to other content ("Linked Content"). The Linked Content is not under our control, and we are not responsible for its contents, quality or availability. The Guide provides links only as a convenience, and the inclusion of any links is not an endorsement by us of any company or other third party. The Linked Content may be governed by other terms of service. A user of any Linked Content will be responsible for reviewing any applicable terms and complying with them.
12. TAKEDOWN NOTICES. If you believe in good faith that any content contained in the Guide violates your copyright, trademark, or other rights, please notify us via electronic mail at:
mediaguide@publicnarrative.org
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE GUIDE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE GUIDE, YOUR ACCESS, USE OR INABILITY TO USE THE GUIDE OR ANY WEB SITE LINKED TO OR FROM THE GUIDE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
14. INDEMNIFICATION. Upon our request, you agree to indemnify and hold harmless us and our affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims, investigations, fines, costs and expenses, including reasonable attorneys' fees, made by or due to any third party due to, arising out of, or in connection with: (i) your use of the Guide; (ii) your online conduct in connection with your use of the Guide; (iii) your violation of this Agreement or your violation of any rights of another; (iv) your failure to comply with any applicable laws or regulations in connection with your use of the Guide; (vii) your negligence, willful misconduct, or violations of the intellectual property or other rights of any third party. You shall not settle any such claim without our prior written consent. We reserve the right to defend any such claims and you agree to reimburse us for all liabilities, fines, costs and expenses associated with defending against and resolving any such claims. These obligations will survive any termination of this Agreement.
QUESTIONS. If you have questions concerning this agreement, please contact Public Narrative at 312-585-8441 or via email at mediaguide@publicnarrative.org with “Media Guide License Question” in the subject line.