TERMS AND CONDITIONS
The following terms and conditions (the “Terms and Conditions”) govern your use of this Web site, and any content made available from or through this Web site (the “Web site”). The Web site is made available by Cheeky Worldwide, LLC (“Cheeky Worldwide” or “we” or “us” or “our”). YOUR USE OF OUR SITE TELLS US YOU HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE. CheekyChicago.com reserves the right to deny access to the site to any person who violates these Terms of Service.
Proprietary Rights of Content
All text, graphics, user interface, visual interface, photographs, trademarks, logos, sounds, music, video, artwork and computer code transmitted through, or used in connection with CheekyChicago.com, with the exception of User Content as defined below (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Web site is owned, controlled or licensed by or to Cheeky Worldwide, LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Your use of the Web site does not grant to you ownership of Content.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web site or on content available through the Web Site are registered and unregistered Trademarks of Cheeky Worldwide and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Cheeky Worldwide that appear on the Web site or on or through the Web site’s services, if any, are the property of their respective owners. Nothing contained on the Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web site without the written permission of Cheeky Worldwide or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web site or on or through any of the Web site’s services is strictly prohibited.
You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to CheekyChicago.com, you may do so provided you agree to cease such link upon request. No other use is permitted without prior written permission of Cheeky Worldwide. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms and Conditions.
You may not scan or test the vulnerability of the Web site or any network connected to the Web site, nor breach the security or authentication measures on the Web site or any network connected to the Web site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web site, including any account not owned by you, to its source, or exploit the Web site or any service or information made available or offered by or through the Web site, in any way where the purpose is to reveal any information, including but not limited to personally identifiable information, other than your own personally identifiable information, as provided for by the Web site.
Requests to use Content for any purpose other than as permitted in these Terms and Condition should be directed to email@example.com
In certain cases, you may be able to use individual stories that appear on CheekyChicago.com through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.
Registration is not required to view certain Content. However, certain features or services offered on or through the Web site may require you to register (for example, if you wish to post a comment to our open forum). If you become a Registered Member of CheekyChicago.com, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to update promptly this information as needed so that it remains true, accurate, complete, and correct. You are responsible for maintaining the confidentiality of your Registration Account, including your password, and for any and all activity that occurs under your account. If you believe someone has accessed CheekyChicago.com using your Registration Account and password without your authorization, e-mail us immediately at firstname.lastname@example.org. However, you may be liable for losses incurred by Cheeky Worldwide or any other user of or visitor of the Web site due to someone else using your Registration account or password.
User Content Representations and Warranties
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our public forum or send to us via e-mail) (“User Content”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Web site’s Private Policy. By placing User Content on CheekyChicago.com, you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of CheekyChicago.com that specifically ask for unique, fictitious names).
User Content License
For all User Content you post, upload, or otherwise make available (“Provide”) to CheekyChicago.com, you grant Cheeky Worldwide, LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. You thereby authorize to share the User Content across all Web sites and to include the User Content in a searchable format accessible by users of CheekyChicago.com, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to CheekyChicago.com. You also grant Cheeky Worldwide the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
User Content Screening and Removal
You acknowledge that we will pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.
User Content Assumption of Risk
We do not guarantee the accuracy, integrity, or quality of User Content. All User Content provided is the sole responsibility of the person who provided it. THIS MEANS THAT YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU PROVIDE. To protect your safety, please use your best judgment when using CheekyChicago’s forum. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on our forum or in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules
Any decisions as to whether User Content violates any Posting Rule will be made by us in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree not to provide the following Posting Rules:
- Contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of CheekyChicago.com or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party’s uninterrupted use of CheekyChicago.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uses or attempt to use another’s Registration Account, password, service or system except as expressly permitted by the Terms of Service.
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
- disrupts, interferes with, or otherwise harms or violates the security of CheekyChicago.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through CheekyChicago.com.
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas
We are not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to us. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Transactions and E-Commerce
During your visit to the Web site, you may elect to engage in a transaction involving the purchase of a product. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. CheekyChicago.com cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree CheekyChicago.com is not responsible for such errors or discrepancies.
Communications with Third Parties Through CheekyChicago.com
Your dealings or communications through the Web site with any party other than us is solely between you and that third party. For example, certain areas of the Web site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will we 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 them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
During your visit to the Web site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because we have no control over third party sites and resources, you acknowledge and agree that we are not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.
Notice of Intellectual Property Infringement
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (DMCA) and other applicable law, it is our policy appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the Web site in a way that constitutes copyright infringement, or that the Web site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us and provide substantially the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Copyright Agent:
- 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 your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the site (providing us with site URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail 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.
Our copyright agent can be reached as follows:
William Holzman, Esq.
Stahl Cowen Crowley Addis, LLC
55 West Monroe
Chicago, Illinois 60603
Phone : (312) 641-0060
Fax: (312) 641-6959
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. General Disclaimer and Limitation of Liability.
USE OF CHEEKYCHICAGO.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER CHEEKYCHICAGO.COM, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING CHEEKYCHICAGO.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH CHEEKYCHICAGO.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF CHEEKYCHICAGO.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES CHEEKYCHICAGO.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CHEEKYCHICAGO.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
CHEEKYCHICAGO.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH CHEEKYCHICAGO.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL CHEEK WORLDWIDE OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THEREOF, LOST BUSINESS OR LOST SALES, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CHEEKY WORLDWIDE FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
You agree to indemnify, defend and hold harmless Cheeky Worldwide, each of their parent and its respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of CheekyChicago.com; (2) our use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.
CheekyChicago.com is controlled, operated and administered by Cheeky Worldwide from its offices within the United States. CheekyChicago.com makes no representation that materials or Content available through CheekyChicago.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use CheekyChicago.com or export the Content in violation of U.S. export laws and regulations. If you access CheekyChicago.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms
We reserve the right to change these Terms and Conditions at any time in its discretion and to notify users of any such changes solely by changing these Terms and Conditions. Your continued use of the Web site after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms and Conditions were posted will be governed according to the Terms and Conditions that applied at the time of your use.
Discontinuation of Service
We may modify, suspend, discontinue or restrict the use of any portion of the Web site, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any Registered Member or other user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Cheeky Worldwide and its assets.
Choice of Law
These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to CheekyChicago.com must be filed in a federal or state court located in Chicago, Illinois.
Statute of Limitations
You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions
You agree no claim subject to these Terms of Service may be brought as a class action.
If for any reason, any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
Any failure of CheekyChicago.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to us, and all other provisions for which survival is equitable or appropriate.