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TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to ChicagoBBW. ChicagoBBW.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at: http://chicagobbw/tos/. In addition, when using particular ChicagoBBW.com services, you and ChicagoBBW.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
ChicagoBBW.com currently provides users with access to a rich collection of
resources, including, various health tools, forums, classified ads, and
personalized content through its
network of properties (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for ChicagoBBW.com to provide the Service. You
also understand and agree that the service may include certain communications
from ChicagoBBW.com, such as service announcements, administrative messages
and the ChicagoBBW.com Newsletter, and that these communications are considered
part of ChicagoBBW.com membership. We do offer the option of opting out of receiving
our monthly newsletter, but you may received certain communcations between
ChicagoBBW.com and you, when deemed necessary by ChicagoBBW.com and
you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new ChicagoBBW.com
properties, shall be subject to the TOS. You understand and agree that
the Service is provided "AS-IS" and that ChicagoBBW.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that ChicagoBBW.com has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or ChicagoBBW.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
ChicagoBBW.com has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof).
4. ChicagoBBW.com PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. ChicagoBBW.com will only use your information
as it pertains to ChicagoBBW.com and will not sell or disseminate
said information to outside parties.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Your membership will be activated upon completing
the Service's registration process. You will provide your own username and password.
You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify ChicagoBBW.com of any unauthorized use of
your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
ChicagoBBW.com cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
you, and not ChicagoBBW.com, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via
the Service. While the administrators of ChicagoBBW.com and forum moderators
will attempt to remove or edit any generally objectionable material as
quickly as possible, it is impossible to review every message. Therefore you
acknowledge that all information posted by our users, including but not limited to
the forums, classified ads, member profiles, and message center
express the views and opinions of the author and not the administrators, moderators
or webmaster (except for posts by these people) and hence will not be held liable.
ChicagoBBW.com does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will ChicagoBBW.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a ChicagoBBW.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as our classified Ads) that are designated
for such purpose;
h. upload, post, email, transmit or otherwise make available 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;
i. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that ChicagoBBW.com may pre-screen (moderate) some sections of the ChicagoBBW site. The screening done by The ChicagoBBW site administrator and moderators is for checking that the messages comply with the ChicagoBBW TOS. ChicagoBBW.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ChicagoBBW.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ChicagoBBW.com or submitted to ChicagoBBW, including without limitation information in ChicagoBBW.com Message Boards, ChicagoBBW.com Clubs, and in all other parts of the Service.
You acknowledge and agree that ChicagoBBW.com may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of ChicagoBBW.com,
its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ChicagoBBW.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant ChicagoBBW.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of ChicagoBBW, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or ChicagoBBW.com removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"
Publicly accessible" areas of the Service are those areas of the
ChicagoBBW.com that are intended by ChicagoBBW.com
to be available to the general public. By way of example, publicly
accessible areas
of the Service would include ChicagoBBW.com Message Boards and
other portions of ChicagoBBW.com that are open to both members and
visitors.
However, publicly accessible areas of the Service would not include portions of ChicagoBBW.com areas that are limited to members, ChicagoBBW.com services intended for private communication, or areas off of the ChicagoBBW.com such as portions of World Wide Web sites that are accessible through ChicagoBBW.com Webring but are not hosted or served by ChicagoBBW.com.
9. INDEMNITY
You agree to indemnify and hold ChicagoBBW.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ChicagoBBW.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number
of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk
space that will be allotted on ChicagoBBW.com's servers on your behalf, and
the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that
ChicagoBBW.com has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that ChicagoBBW.com reserves
the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that ChicagoBBW.com reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
ChicagoBBW.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that ChicagoBBW.com shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
13. TERMINATION
You agree that ChicagoBBW.com may, under certain circumstances and
without prior notice, immediately terminate your ChicagoBBW.com account,
any associated
email address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b) requests
by law enforcement or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected
technical issues or problems, and (f) extended periods of inactivity.
Termination of your ChicagoBBW.com account includes (a) removal of
access to all offerings within the Service, including but not limited
to
ChicagoBBW.com Mail, Personals, and
Message Boards, (b) deletion of your
password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all terminations
for cause shall be made in ChicagoBBW.com's sole discretion and that
ChicagoBBW.com shall not be liable to you or any third-party for
any termination
of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that ChicagoBBW.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because ChicagoBBW.com has no control
over such sites and resources, you acknowledge and agree that ChicagoBBW.com
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that ChicagoBBW.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16. ChicagoBBW.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by ChicagoBBW.com or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part.
ChicagoBBW.com grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by ChicagoBBW.com for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHICAGOBBW 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.
b. CHICAGOBBW.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE,
OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ChicagoBBW.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ChicagoBBW.com 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 ChicagoBBW HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17
AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the
investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended
for trading or investing purposes. ChicagoBBW.com and its licensors shall
not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment
decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
ChicagoBBW.com, the ChicagoBBW.com logo, and other ChicagoBBW.com logos
and product and service names are trademarks of ChicagoBBW.com.
(the "ChicagoBBW.com
Marks"). Without ChicagoBBW.com's prior permission, you agree not to
display or use in any manner, the ChicagoBBW.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
ChicagoBBW.com respects the intellectual property of others, and we ask our
users to do the same. 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 ChicagoBBW.com's
Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a 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;
a statement by you, made under penalty of perjury, that the above information 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.
ChicagoBBW.com's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
ChicagoBBW.com
P.O> Box 965
Mchenry, IL 60051
815-719-0914
chicagobbwsite@aol.com (or Admin@chicagobbw.com)
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and ChicagoBBW.com and
govern your use of the Service, superceding any prior agreements
between you and ChicagoBBW.com. 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. The TOS and the relationship between
you and ChicagoBBW.com shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and ChicagoBBW.com
agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California. The
failure of ChicagoBBW.com to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS 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 Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
.