MyWrigleyville.com Terms and Conditions of Use

 

Introduction and Acceptance of Terms and Conditions of Use

 

Thank you for accessing MyWrigleyville.com (the “Service”), an interactive online service operated by MYWV, LLC (“MYWV,” “our,” “we” or “us”).  Our goal is to provide you with a forum in which to express yourself and your experiences as they relate to the Wrigleyville neighborhood, and our products and services, and to communicate with others on those same topics.  We hope that you will find this Service a useful resource and outlet for your thoughts and creativity.

 

So that we can encourage broad participation and respect the rights and interests of all who wish to participate, you must follow some simple rules and abide by certain terms and conditions (as stated below) if you choose to use this Service.  To that end, please read the following terms and conditions carefully before using the Service.  By accessing or using this Service (other than to read these terms and conditions of use for the first time), you hereby agree to be bound by and to abide by all of the terms and conditions stated below (which are collectively referred to as the “Agreement”).  If you do not wish to comply with this Agreement, please do not access or use the Service.

 

 

1.              Here’s the deal.  As stated above, by using this Service, you agree to be bound by all of the terms and conditions stated below as well as any changes to them that may be made from time to time.  You should know that we may update or amend these terms and conditions periodically in our sole discretion and without notice to you, and that we also may change the Service itself and/or its functionalities in our sole discretion without notice to you.  It is your responsibility to read, understand, respect and strictly abide by all of the terms and conditions in this Agreement, as well as any changes to them that we may make.  Any such changes will become effective and a part of this Agreement as soon as the changes are posted.  Unless explicitly stated otherwise, this Agreement also applies to any new features or functionalities that are used, directly or indirectly, in connection with the Service.

 

2.              Altering or terminating the Service.  We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) at any time in our sole discretion, and without notice to you.  You agree that MYWV shall not be liable to you or to any third party for any modification, cancellation, suspension or discontinuance of the Service.

 

3.              Protecting our stuff.  Be aware that the Service and all of its content, including, without limitation, all audio, video, audiovisual, visual, text, photographs, graphics, files, software, scripts and interactive features (and any derivative works or enhancements of the same), and all intellectual property rights to the same are owned by us and/or our licensors.  In addition, all trademarks, service marks, trade names and trade dress that may appear on the Service are owned by us and/or our licensors.  You may only use the Service and its content in the manner authorized in this Agreement.  You must abide by all copyright laws in using this Service, and with any additional copyright notices or restrictions contained on the Service.  Except for any limited rights explicitly granted to you in this Agreement, you shall not acquire any right, title or interest in or to the Service or any of its content.  We expressly reserve any rights in and to the Service and the content associated therewith that are not expressly granted in this Agreement.

 

4.              How you may use the Service.  We are providing you access to the Service for your information and for your personal, non-commercial use only.  The Service is provided for you to express your thoughts, experiences and materials related to Wrigleyville neighborhood, including the area businesses, restaurants, bars, retailers and entertainment venues, and for you to respectfully communicate with others on those same topics.  When using the Service, you agree to follow all applicable federal, state and local laws and regulations. 

 

5.              What we can do. By posting, uploading or submitting any comments, statements, opinions, judgments, or other content on or to the Service (regardless of whether such submissions are in the form of text, images, videos, photographs, audio, audiovisual or in any other medium, whether now known or later developed) (“User Submissions”), you are granting MYWV, its affiliates, successors, agents, other Service users, and third-party contractors the irrevocable, royalty-free, worldwide, transferable and fully sublicenseable right to use, record, copy, store, publicly display, publicly perform, reproduce, distribute, publish, compile, configure, host, index, cache, digitize, compress and prepare derivative works (including without limitation, editing, adapting or modifying alone or with other materials) from your User Submissions on the Service and in any other manner or media (whether now known or later developed), to display advertisements in connection with your User Submissions, and to use your User Submissions for promotional, advertising, marketing and any other business purposes of MYWV, our affiliates and successors.  You also grant us the right, but not the obligation, to use your name and biographical information in connection with your User Submissions.  We do not guarantee any confidentiality with respect to any User Submissions that you may submit, upload, post or otherwise provide to the Service, and it is your responsibility to protect any rights that you may have in your User Submissions.

 

6.              Your responsibilities in using the Service. By using the Service you hereby agree that you are solely responsible for your User Submissions and the consequences of posting, submitting, uploading, or otherwise providing them to the Service.  For each of your User Submissions, you affirm, represent and warrant to us that:

 

i)              You own or have all necessary licenses, rights, consents and permissions to use and to authorize MYWV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions to enable inclusion and use of such submissions in the manner contemplated by MYWV and this Agreement; and

ii)              You have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submissions in the manner contemplated by MYWV and this Agreement.

7.              Things you CANNOT do with the Services, our content, or User Submissions: 

 

(i) remove or alter any copyright, trademark, or other legal rights notice on the Service or its content;

(ii) submit falsehoods or misrepresentations that could damage MYWV or any third party (other than truthful, honest, constructive information about Wrigleyville businesses);

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered criminal, give rise to civil liability, violate any law, or is otherwise inappropriate as determined in our sole discretion;

(iv) submit or post any User Submissions that impersonate another person or entity;

(v) engage in any conduct that restricts or inhibits any other user from using or enjoying the Service as determined by us in our sole discretion;

(vi) disable, circumvent or otherwise interfere with security-related features of the Service or interferes with the proper operation of the Service or to impair or disable the Service;

(vii) collect any personally identifiable information from the Service including without limitation, user names, passwords and email addresses;

(viii) subject us or any user of the Service to any malicious code;

(ix) use an automatic scripts or devices (including robots or spiders) or any manual processes to copy or "scrape" the Service or its content for any purpose; provided, however, that public search engine operators may use automatic devices (such as robots or spiders) to copy content from the Service for the sole and limited purpose of creating a searchable index of content that is available to the public;

(x) post advertisements or solicitations of or for business (such as SPAM) or to divert traffic away from MYWV or its affiliates;

(xi) post any User Submissions that are a solicitation for funds, that are a chain letter of any kind, or that include personal information (including telephone numbers, social security numbers, account numbers, addresses, or employer references);

(xii) violate U.S. export laws, including without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;

(xiii) submit or post User Submissions that are copyrighted, protected by trade secret or otherwise subject to third-party proprietary or contractual rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MYWV all of the rights granted herein;

(xiv) copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, or in any way exploit any part of this Service or any of our content on this Service unless MYWV grants you prior written permission to do so in a written agreement signed by both you and us. 

8.              Linking to the Service.  We hereby grant you a non-exclusive, limited license for you to link to the Service home page (www.MyWrigleyville.com) from any site you own or control that is not commercially competitive with the Service or the business of MYWV or its affiliates and that does not criticize, disparage or otherwise injure us, our products or services.  If you choose to link to the Service, the site where the link resides, and all other locations to which such site links, must comply with all applicable federal, state and local laws, and cannot in any way (i) defame, stalk, threaten or violate the rights of others, including without limitation any privacy, publicity, intellectual property or other legal rights, or (ii)  post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, content or any other material to which we object.  Any links to the Service undertaken pursuant to this Paragraph is not an endorsement of such other site(s) by us. We expressly reserve all of our rights and remedies, including without limitation the right to unilaterally revoke this limited license at any time in our sole discretion.

 

9.              What gets published on the Service.  Please know that we reserve the right in our sole discretion to remove or not publish your (or anyone else’s) User Submissions at any time without explanation or notice.  We have the right, but not the obligation, to monitor User Submissions.  We may discontinue or terminate operation of the Service at any time in our sole discretion.  You acknowledge that you have no right to maintain or access your User Submissions on the Service, and that we are not obligated to return your User Submissions to you or to otherwise grant you access to them.

 

10.              Join us.  In order to use some of the functionalities of the Service, you may have to become a registered user.  You may not become a registered user of the Service or otherwise access or use the Service if you are under thirteen years of age.  If you choose to become a registered user, you agree to provide true, accurate and complete registration information, and to promptly update such information if it changes at any time in the future.  In the process of registering [you may / you will] create a username and password that will enable you to access or use certain areas of the Service that are not available to unregistered users.  You are responsible for safeguarding the confidentiality of your username and password.  You also are responsible for all activity that occurs under your username and password, whether or not you authorize the activity.  You agree to notify us immediately at support@mywrigleyville.com if you become aware of any breach of security or unauthorized use of your membership.  We reserve the right to terminate your membership or to block any registered user or unregistered user’s access to the Service at any time in our sole discretion.  If you choose to become a registered user and wish at any time in the future to cancel your membership, you may do so by sending an email to support@mywrigleyville.com.  Any suspension or termination of your access or membership to the Service shall not affect your obligations under this Agreement which will survive the suspension or termination of your access or membership to the Service, including without limitation the rights and licenses that you have granted under this Agreement, your representations, warranties, covenants, releases, limitations on liability and indemnities.

 

11.              Helping us spot potential issues.  MYWV respects the intellectual property rights of others, and expects all users of the Service to do the same.  Given the wide use of the Service by so many individuals and the public at large, we recognize that there may be times when someone posts something that you think is in violation of or infringing upon copyrights that you own.  If that happens, please tell us.  You can do that by submitting written notice, permitted and prescribed pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our DMCA Agent.  The notice should set forth:

 

i)              An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

ii)              A description of the copyrighted work that you claim has been infringed;

iii)              The URL of the location containing the material that you claim is infringing;

iv)              Your address, telephone number, and email address;

v)              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; and

vi)              A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will respond promptly to claims of copyright infringement that comply with the foregoing requirements and are reported to our DMCA agent, who can be reached by mail at: MYWV, Attn:  DMCA Agent, support@mywrigleyville.com; We will investigate valid claims of copyright infringement submitted via the process described above and take any appropriate actions under the DMCA.  We may in our discretion disable or remove content from the Service that may be infringing.  In addition, we may decide to terminate any user’s access to the Service if we determine in our sole discretion that they have infringed the copyrights or other intellectual property rights of another. 

 

If your User Submission has been taken down as a result of a notification by a purported copyright owner that such party's copyright rights are infringed by your User Submission, you may respond by sending us a DMCA counter-notification as follows:

 

i)              List the material that was removed and the location at which the material appeared before it was removed (please identify in sufficient detail);

ii)              Provide your name, address, telephone number, email address (if available);

iii)              State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Chicago, Illinois if your address is outside of the United States);

iv)              State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;

v)              State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and

vi)              Your physical or electronic signature (i.e., "/s/ [print name]").

 

Send your written counter-notification to our DMCA agent, who can be reached by mail at: MYWV, Attn:  DMCA Agent support@mywrigleyville.com.

 

12.              Taking responsibility.  As with life, if you violate this Agreement, there will be consequences.  You agree to indemnify and hold harmless MYWV, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, licensors, successors and assigns, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from: (i) your access to or use of the Service; (ii) your User Submissions; (iii) any actual or alleged violation or breach of this Agreement, including without limitation any representation, warranty or covenant you hade made to us; or (iv) any of your acts or omissions.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section.  In such event, you shall provide us with such cooperation as it is reasonably requested by us.

 

13.              Be warned — No guarantees or responsibility for others.   In many instances, the information and material available through the Service or links to the Service will originate with third parties or will represent the opinions and judgments of third parties.  You understand and agree that we do not endorse and are not responsible for the accuracy, timeliness, or content of any advertising, products, advice, statements, opinions, judgments or other material submitted by anyone other than our authorized employees or spokespersons while acting in their official capacities.  ACCORDINGLY, THIS SERVICE IS PROVIDED “AS IS.”  WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE.  WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE.  WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THROUGH LINKS IN THIS SERVICE.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE.  WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE OR THROUGH THIRD LINKS DO NOT CONTAIN DESTRUCTIVE FEATURES SUCH AS VIRUSES, WORMS OR “TROJAN HORSES.”  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.  IF YOU RELY ON THIS SERVICE OR ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

 

THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINION, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY MYWV OR BY THIRD-PARTIES.  DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT.  ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.  SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. 

 

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS AVAILABLE ON THE SERVICE IS NOT ADOPTED OR ENDORSED BY MYWV AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.  ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SERVICE AND WE DO NOT ENDORSE ANY ADVERTISING, PRODUCTS, ADVICE, STATEMENTS, OPINIONS, JUDGMENTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES.  YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THIRD-PARTY LINKS.

 

14.              LIMITING POTENTIAL DAMAGES.  UNDER NO CIRCUMSTANCES SHALL MYWV OR ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND.  THIS WOULD INCLUDE, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THIS SERVICE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THIS SERVICE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OR CONDITION OF THIS AGREEMENT).  ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THIS SERVICE.  WE PROVIDE THIS SERVICE AND ITS CONTENT FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES ONLY.  MYWV AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE SERVICE OR ANY CONTENT ON THE SERVICE OR ANY CONTENT AVAILABLE THROUGH ANY THIRD-PARTY LINKS.

 

15.              Legal Process.  Understand that, if MYWV receives a subpoena or other legal process requiring disclosure of information or content (whether on or related to the Service, any User Submissions or other submissions to or content on the Service), we will comply with such subpoena or legal process.  We also reserve the right to disclose all such information about you with respect to notices and counternotices pursuant to the DMCA and its takedown policies and procedures, or if we believe that such action is necessary in order to protect or defend our legal rights or property, the Service or other users, or in an emergency to protect the health and safety of the users of our Service or the general public.  We will take such actions even if we have not been in contact with you, and we will provide a range of potential information about you, including your IP address, username, name, IP location, and any other information that is responsive to the subpoena, legal process, or as the circumstances otherwise call for.  .  Nothing in this Agreement or in the Privacy Policy would prohibit, prevent or limit these disclosures

 

16.              Governing Law.  This Agreement shall be governed by the laws of the United States and the State of Illinois, without regard to conflict of laws principles.  Any claims or disputes relating to the Service or arising out of this Agreement shall be brought initially in state or federal courts located in Cook County, Illinois.  You hereby consent to personal jurisdiction and venue in such courts.

 

REMEMBER, BY ACCESSING AND USING THE SERVICE, YOU AGREE TO BE BOUND BY AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT.  IF YOU DO NOT WISH TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE SERVICE.