Terms of Use

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Terms of Use (As of June 12, 2008)

Important! Please read the Terms of Use (“Terms”) carefully before using this Website, as the terms affect your legal rights and obligations. These terms govern your use of the Website. You agree to these Terms by accessing this Website, registering for this Website, accepting any information from this Website or submitting any information to this Website. If you do not agree to be bound by all the terms set forth below, do not use this Web site. 1. Acceptance of Terms The Chicago Defender, a subsidiary of Real Times Media ("Company" or "we" or "our" or "us") operates this Website ("Website"). As set forth above, your use of this Website is subject to these Terms and you agree to these Terms by accessing this Website, registering for this Website, accepting any information from this Website or submitting any information to this Website. We reserve the right in our sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Website after the posting of any change in the Terms shall constitute your renewed agreement to be bound by any such changes. In some instances, both these Terms and a separate term of service or guidelines document setting forth additional conditions may apply to a service or product offered via this Website ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of this Website’s Privacy Policy. 2. General The information, features and other content included in this Website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features, images and other content included in this Website at any time, without notice and without liability. This Website is to be used solely for your noncommercial, nonexclusive and limited personal use. 3. Ownership of WebSite Intellectual Property and Restrictions Except for User Content (defined in Section 4 below), this Website and all of the information it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, graphic material, artwork, illustrations, digital still images, digital video and audio clips, databases, compilations and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property on the Website (collectively, the "Website Content") is, between you and Company, owned by Company and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, nonexclusive, non-commercial, revocable, non-assignable and nontransferable license to download, view, use or play a single copy of the Website Content (excluding source and object code) as long as it is publicly available on the Website, provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Website Content or any copy you may make of the Website Content; (ii) do not yourself and do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Website’s software, HTML, JavaScript or other code; or reverse engineer, decompile, reverse, assemble, modify or attempt to discover any source code that this Website creates to generate its web pages or any software or other products or processes accessible through this Website; and (iii) do not insert any code or product to manipulate the Website Content or this Website in any way that affects any users experience. Other than as explicitly set forth in the immediately preceding paragraph, nothing contained in these Terms or on the Website or in any communication from the Website or Company should or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Website Content in any manner without the prior written consent of Company or such third party that may own the Website Content displayed on the Website. Any unauthorized use of any of the Website content is strictly prohibited. Unless your use of the Website Content is otherwise authorized in accordance with these Terms, requests to use the Website Content should be directed to archives@chicagodefender.com. 4. Content You Submit to the Website The Website may provide you and other users with the opportunity to participate in forums, blogs and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Company or the Website, including, without limitation, photographs and writings (collectively, "User Content"). You grant to Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, reformat, translate or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed. You further agree that Company is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Website or Company, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Content. You also grant to Company the right to sub-license and authorize others to exercise any of the rights granted to Company under these Terms and any Additional Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Company under these Terms and any Additional Terms. You further authorize Company to publish your User Content in a searchable format that may be accessed by users of the Website and the Internet. You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Company these licenses. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms and any Additional Terms. You acknowledge and agree that Company will not have any obligation to review, monitor, display, accept or exploit any User Content and Company may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation 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 such User Content is altered or changed in a manner not agreeable to you. Company does not endorse the User Content, is not responsible for the User Content and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through this Website. 5. Your Use Of The Website As a user of the Website, you agree that you will not: • use the Website, the Website Content or the User Content for any unlawful purposes or submit User Content that constitutes, encourages or solicits an illegal act or is posted for illegal purposes; • violate these Terms; any Additional Terms; or any local, state, federal or international law, rule or regulation; • violate, misappropriate or infringe upon Company’s rights or the rights of others, including, without limitation, by creating any derivative works based on the Website Content or submitting User Content that infringes upon, violates or misappropriates the intellectual property or publicity rights of others; • act in a manner that is abusive; insulting; violent; harassing; unlawful; harmful; obscene; profane; vulgar; defamatory; disparaging; intimidating; degrading; threatening; hateful; disparaging; defamatory; libelous; violent; threatening; tortious; sexually suggestive; or explicit or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; • submit User Content that is false or misleading; • submit User Content that solicits gambling or engages in any gambling activity; • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any third party’s uninterrupted use and enjoyment of the Website, the Website Content or the User Content, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Website, the Website Content or the User Content; • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 11 pixels, Web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); • advertise, promote or offer to trade any goods or services, including, without limitation, through the use of junk e-mails, chain letters, "spamming," "phishing" or pyramid schemes; • transmit any material or information, whether personally identifiable or not, posted by or concerning any third party, unless you have obtained the express, prior permission of such third party to do so; • impersonate any other person or entity; misrepresent your affiliation with any other person or entity; or use or attempt to use another’s account information, account, password or system; • use or launch any automated system, including without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Website or use or launch any unauthorized script; • cover or obscure any banner or other advertisement on the Website; • manipulate identifiers to disguise the source of your User Content transmitted to or through the Website; and • interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Website Content or the User Content. 6. Your Warranties You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms and any Additional Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Company is accurate and complete; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms and any Additional Terms. 7. User Interactions and Disputes You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. 8. Copyrights and Copyright Agents We respect the intellectual property of others and we ask that our users to do the same. 9. Associated Press Content The following provision applies to all visitors, which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content. By accessing this Website or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time. 10. Disclaimers/Limitations on Liability/Indemnity Company and its parent company(ies) and its and their subsidiaries, divisions, affiliates, directors, officers, partners, agents and assigns (the "Company Affiliates") make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Affiliates. The Internet may be subject to breaches of security. Company and the Company Affiliates are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Website, Company or the Company Affiliates any information or posting information to the Website. Company and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment. THE WEBSITE, THE WEBSITE CONTENT AND THE USER CONTENT ARE MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT AND THE USER CONTENT. YOU AGREE THAT COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE WEB SITE, THE WEB SITE CONTENT OR THE USER CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE WEB SITE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT OR THE USER CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF WEB SITE USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH WEBSITE USERS, EVEN IF COMPANY OR THE COMPANY AFFILIATES 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, THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. THE WEBSITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER COMPANY NOR THE COMPANY AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. BY ACCESSING THIS WEBSITE, REGISTERING WITH THIS WEBSITE, ACCEPTING ANY INFORMATION FROM THIS WEBSITE OR SUBMITTING ANY INFORMATION TO THIS WEB SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND THE COMPANY AFFILIATES 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 ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS OR ANY ADDITIONAL TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT OR THE USER CONTENT; (D) YOUR USER CONTENT; (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (F) ANY MISREPRESENTATION MADE BY YOU; (G) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE WEBSITE; (H) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; OR (I) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY. 11. Linking/Framing Policy If you link to this Website, we require that you follow these guidelines. The link to this Website must not damage, dilute or tarnish the goodwill associated with any Company names or intellectual property, nor may the link create the false appearance that your Website or organization is sponsored by, endorsed by, affiliated or associated with Company. You agree that you will not link to this Website from any source that is unlawful, abusive, indecent or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous or inflammatory; or is otherwise inappropriate. Under no circumstances may you "frame" the Website, the Website Content or the User Content in any way. Company reserves the right, in its sole discretion, to terminate a link with any Website that it deems inappropriate or inconsistent with this Website, these Terms or any Additional Terms. Neither Company nor the Company Affiliates are responsible for the content or performance of any portion of the Internet including other Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Company of any errors or inappropriate material found on Websites to which this Website is or may be linked. 12. Third Parties Third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with advertisers found on or through the Website including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Website. Descriptions of, or references to, products or publications within the Website do not imply endorsement of that product or publication. Your dealings or communications through the Website with any party other than Company are solely between you and that third party. Under no circumstances will the Website, Company and/or the Company Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. 13. Membership and Registration Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Website Content or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Website Content or User Content or participate in certain features of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information. If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. Company reserves the right to terminate your account at this Website or otherwise deny access to this Website (or any portion thereof) in its sole discretion without notice and without liability. 14. Fees and Payments Company reserves the right at any time to charge fees for access to all or portions of the Website. However, in no event will you be charged for access to the Website unless we obtain your prior agreement to pay such charges. All fees and charges shall be billed to and paid for by you. You also will pay all applicable taxes. 15. Promotions This Website may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion. 16. Location Company operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to this Website from territories where the Website, Website Content or User Content may be illegal is prohibited. If you access the Website from other locations, you do so on your own initiative, and you are solely responsible for compliance with applicable local laws. You may not use or export the Website, Website Content or User Content in violation of U.S. export laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to these Terms, any Additional Terms or your use of this Website must be filed in the County of Cook, City of Chicago, State of Illinois within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. 17. Violations Of These Terms Company will determine your compliance with these Terms and any Additional Terms in its sole discretion. Any violation of these Terms or any Additional Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Web site, or any portion thereof, without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by Company, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you. 18. Miscellaneous If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. 19. Contact Us For questions or comments regarding copyright, please contact copyright@chicagodefender.com. For questions about the Website, please contact online@chicagodefender.com.

20. Download attached files for Rights and Reproductions Image and Article Price List (Revised March 2011)

21. Download attached files for the Chicago Defender Newspaper Licensing and Permissions Contract and the Chicago Defender Newspaper Archives Statement of Intended Use

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