Last Updated October 24, 2017

PRIVACY POLICY

Chicago Children’s Choir (“Company”) is committed to protecting the privacy of individuals that visit, contribute to and/or participate in activity on our website, https://ccchoir.org/, and associated software applications (collectively the “Website”).  We strive to provide a safe, secure user experience. The following privacy policy has been created to disclose our practices regarding information gathering and use of such information.  This Privacy Policy covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

THIS PRIVACY POLICY IS PROVIDED BY COMPANY FOR THE USE OF THE WEBSITE BY YOU AND IS INCORPORATED INTO COMPANY’S TERMS OF USE, WHICH YOU MAY ACCESS BY CLICKING HERE. YOUR ACCEPTANCE OF THE TERMS OF USE, AND/OR YOUR USE OF THE WEBSITE AND SERVICES OFFERED BY COMPANY THROUGH THE WEBSITE (THE “SERVICES”), CONSTITUTES YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR THIS AGREEMENT, YOU MUST DISCONTINUE USING THE WEBSITE AND SERVICES.

  1. What We Collect. The Website collects two types of data – non-personally identifiable data and personally identifiable data.
    1. Non-Personally Identifiable Data includes data that does not, by itself, identify an individual. This information generally includes anonymous information about the individual’s browsing habits, such as websites visited, IP address, date and time of visit, and the type of browser and operating system used. Non-personal information may also include information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where a customer is located so that we can better understand customer/vendor behavior and improve our products, services, and advertising. We also may collect information regarding customer activities on our Website, which is aggregated and used to help us provide more useful information to our visitors and customers, and to understand which parts of our Website and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined
    2. Personally Identifiable Information that may be collected by Company refers to any information that identifies or can be used to identify, contact, or locate a specific person to whom such information pertains including, but not limited to, first and last name, home or other physical mailing address, telephone number, contact preferences, birth date, e-mail address. For some activities accessed through the Platform, you may need a membership account and User ID, and we ask for some personal information when you create an account or donate money. This may include your email address and a password, which is used to protect your account from unauthorized access. Personally Identifiable Information does not include information that is collected anonymously (without identification of the individual user) including demographic information or usage on the site not connected to an identified individual.
  2. How We Collect It. We collect personally identifiable information only when you specifically and knowingly disclose such information. This information is generally collected when you submit such information through our Website, sign up for Company’s Services, communicate with us via e-mail, over the telephone or in any other manner including when you call our associates. We also collect information such as IP addresses for the purposes of improving our Services. Company will automatically collect certain non-personally identifiable information each time you use the Website. For this purpose, Company may use cookies, clear gifs, frames, server log analysis and other technology. Company collects anonymous information about its users so that it can understand how and where users are using the Website by connecting users in nearby geographical locations, and allowing users to add content from third parties and their websites and web applications, in order to display this content to other users of Company’s web application, and to improve the overall quality of its users’ online experience. You do not have to register with us before Company can collect this anonymous information. Some of the methods by which information may be collected include, but are not limited to:
    1. Cookies. The Website may contain “cookies.” Cookies are bits of electronic information generated by web servers and stored on your hard drive when you visit practically any website on the Internet. Cookies are often used to differentiate users, store user preferences and track user trends in general. We may use cookies to improve the quality of the Website to better understand how users interact with the Website. We do not use cookies to retrieve individual personally identifying information about you from your computer unless you knowingly and willingly provide such information. You can adjust your web browser security settings to refuse all cookies or to indicate when a cookie is being sent. However, if you disable the use of cookies in your web browser, some features of the Website we offer may not function properly.
    2. Log Files. The Website may use “log files.” Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the web applications, track a user’s movement in the aggregate, and gather broad demographic information for aggregate use. You do not have to register with us before we can collect this anonymous information.
    3. Navigational Data. As you use the Website, Company may gather navigational data that shows what features are visited and how long various features are used. This information will not reveal your identity or be linked to you personally. We use this information to facilitate and improve use of the Website and Services to comply with any requirements of law, to serve, or have a third party serve specialized or relevant advertising content and/or recommendations to you on the Website and for our internal purposes. We may, from time to time, supply the owners or operators of third party websites and web applications from which it is possible to link to Company’s Website with information relating to the number of users linking to the Website from their sites. You cannot be identified from this information.
  3. How We Use It. If you disclose your personal information, we will only store and use such information that we need to meet your requests and our legitimate business objectives. We may use your personal information to provide you an improved online experience and service. We may also use the information to provide technical support or to comply with the law. Finally, we may make certain information available to third parties for the purposes of providing additional services that may interest you. We will automatically collect certain non-personally identifiable information each time you visit the Website. For this purpose, we may use cookies, clear gifs, frames, server log analysis and other technology. We collect anonymous information about our users so that we can understand how people are using the Website and improve the overall quality of your experience. We may also use personal information to contact the winners of any sweepstakes or contests, send out newsletters, customize our Website and may from time to time, contact our visitors to provide information requested by the visitor or to provide them with information regarding our products or services. The nature and frequency of these messages will vary depending upon the information we have about you. The personal information we collect allows us to keep you posted on Company’s latest announcements, software updates, and upcoming events, improve our services, content, and advertising. We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising. From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Company, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications. If you do not want to be on our mailing list, you can opt out of receiving these communications anytime by contacting us at info@ccchoir.org.
  4. With Whom We Share it. Company may disclose your personally identifiable information to its strategic partners and service providers, such as, but not limited to, credit card processors or web analytics vendors. These third party service providers will have access to personal information needed to perform their functions, but may not use it for other purposes. We may also elect to share such information with third parties who may have an ability to offer you additional services that may interest you. If you provide personal information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Policy. Company does not typically share or sell information about our visitors with third parties unless explicitly authorized by the visitor to do so. However, at times we may make certain personal information available to strategic partners that work with Company to provide products and services, or that help Company market to customers, analyze sales data, maintain our records and provide other services for Company such as collection of site navigation information. Personal information will only be shared by Company to provide or improve its services and advertising; it will not be shared with third parties for their marketing purposes. Company may share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Information may be shared in order to contact a winner of a sweepstakes or contest and arrange for fulfilment of a prize. Information may otherwise be shared when a visitor agrees to receive an offer from a third party by “opting-in” to receive such information. We may also disclose your personally identifiable information or otherwise use such information to communicate with you if required or permitted to do so by law or in good-faith believe that such action is necessary to: (i) conform to legal requirements or comply with legal process or any governmental request; (ii) protect and defend our rights or property and that of our users and licensors; (iii) enforce our applicable service agreements; or (iv) protect the personal safety or interests of our employees and consultants, other users of the Website, or members of the public in urgent circumstances. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as Company deems necessary in its sole discretion, in order to protect its legitimate legal and business interests. We may disclose and transfer such information to a sponsor(s) or business who acquires all or a substantial portion of the business of Company, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event Company becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, Company or its trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court.
  5. Children’s Privacy. We comply with the Children’s Online Privacy Protection Act and all other applicable laws and regulation protecting children’s privacy on the Internet. We do not knowingly collect, maintain, or disclose any personal information from children under the age of thirteen (13). To use this Website, persons must be over the age of thirteen. To make a purchase from this Website you must be at least eighteen (18) years old. As a parent or guardian, you can request us to remove personal information of your child that was submitted without your consent or by misrepresenting his or her age. At your request, we will take reasonable steps to remove such information from our database. All such requests should include the same information that your child submitted and should be sent to email.
  6. Security. Company takes appropriate security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, users’ information. Company restricts access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our products, services and the web application. Our servers are protected by firewalls and are physically located in secure data facilities to further increase security. If you have any questions regarding which measures and techniques we use, feel free to contact us.
  7. Change of Control. In the event that another company acquires all or substantially all of the assets related to the Website, or if Company experiences some other change of control event such as merger, insolvency, bankruptcy or receivership, Company reserves the right to include any or all user-related information among the assets transferred to the acquiring company. Company cannot guarantee that any entity receiving such information in connection with any of these transactions will comply with all the terms of this policy.
  8. Use of Text, Graphics, Images, Logos, Software, Code, and Related Material. All text, graphics, images, logos, button icons, code, software, and related material is the property of Company or the individuals or entities who upload said content for sale through our Website, unless stated otherwise on our Website, with all rights reserved. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Company and is protected by U.S. and international copyright laws. Unauthorized use of the site may violate copyright, trademark, and other laws. You may not sell or modify the contents of our Website, nor may you reproduce, display, publicly perform, distribute, or otherwise use the site in any way for any public or commercial purpose. The use of our Website or its content on any other website, or in a networked computer environment, for any purpose is prohibited unless authorized by Company.
  9. Unauthorized Use of Your Materials or Likeness. Company respects the intellectual property rights of others, and we ask our users to do the same. Company takes seriously all claims that a third-party’s rights have been violated or infringed upon, including but not limited to proprietary rights, intellectual property rights, rights of publicity, rights of privacy, contractual rights, and rights associated with the ownership of any copyright, patent, trademark, trade name, registered design, trade secret, trade dress, proprietary information, or non-disclosure rights. Company also takes seriously any claim that an individual’s personally identifiable information, including his or her name, address, photograph, likeness, voice, biographical, personal background information and/or other indicia of persona, and any other personally identifiable information (collectively “Likeness”) has been utilized without his or her consent. If you believe that your work has been copied in a way that constitutes infringement on Company’s web site, please contact Company immediately. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By Mail: Chicago Children’s Choir 78 E. Washington St. 5th Floor, Chicago, IL 60602
    By Email: info@ccchoir.org
  10. Third-Party Sites and Services. Company websites, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
  11. Deactivation or Opt-Out Capabilities. Visitors can correct or update profile information at any time. Moreover, visitors can deactivate their profile from our online database, unsubscribe or “Opt-Out” from receiving information or from being contacted by us by responding to emails or by contacting us at info@ccchoir.org.
  12. Changes to the Privacy Policy. We may change our policy at any time by posting a new version of it on the Website. We encourage you to check the Website regularly for information about revisions to this Privacy Policy. In the event that we change this Privacy Policy, such changes will affect all of the information we collect after any such change. If you object to the change to our Privacy, please feel free to contact us at info@ccchoir.org.
  13. Concerns. If you have any questions or concerns about Company’s Privacy Policy or data processing, please contact us at info@ccchoir.org.

 

Last updated October 24, 2017

TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to your use of the website (the “Website”) operated by Chicago Children’s Choir, an Illinois not-for-profit corporation with a principal place of business at 78 E. Washington St. 5th Floor, Chicago, IL 60602 (hereinafter “Company”), its subsidiaries and affiliates, and all related tools and services you utilize from Company through your use of the Website. If you continue to browse the Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Company’s relationship with you. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

PART ONE: TERMS FOR ALL USERS

  1. Updates to Terms of Use. These Terms of Use set forth the terms and conditions of Company applicable to your use of the Website. We encourage you to read these Terms of Use carefully. Company may revise, modify and/or supplement these Terms of Use at any time (the “Revised Terms of Use”). When changes are made, we will make the revised version available on the Website, and will indicate at the top of this page the date that revisions were last made. If you do not agree to the Revised Terms of Use, you must stop using the Website. By continuing to use the Website following notice, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Website is valid consideration for the Revised Terms of Use.
  2. Privacy. Company’s Privacy Policy applies to use of the Website, and its terms are made a part of these Terms of Use by this reference. To view Company’s Privacy Policy, click HERE. Please refer to our Privacy Policy for information on how Company collects, uses and discloses personally identifiable information. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send through the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
  3. Ownership of Website and Content. The Website is owned and operated by Company. Unless otherwise stated, all material on this Website, in whole and in part, is the property of Company. Unless otherwise stated, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (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 Website is owned, controlled or licensed by or to Company or third parties, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. None of this Content is in the public domain. As such, no portion of this Website may be downloaded, distributed, published, altered, stored, transmitted, or copied, electronically or by any other means known now or in the future, without express written permission from Company or its designated agents. Content may be watermarked, visibly and nonvisibly, to track and assure copyright protection. Violating copyright or trademark laws carries significant penalties. Company will enforce its intellectual property rights. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, program or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Company or the direct owners of the Content. Also protected are all application, database, web page and web server programming, and other software created by, or licensed by, Company for the development, production, and operation of this Website, its internal platforms, and the host computer network.
  4. Representations Regarding Eligibility to Use Website. You represent and warrant that you meet and will continue to meet the following eligibility requirements for as long as you use the Website: (a) you are at least thirteen (13) years old to use the Website; (b) if you are under eighteen (18) years old, you have first secured your parent or legal guardian’s consent to complete any purchases, contributions or transactions through the Website; (c) you comply with all laws, rules and regulations in connection with your use of the Website and any services arranged through the Website, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; and (d) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use and the applicable Terms of Sale. By using the Website, you understand and agree that Company may rely on the above representations and warranties as true. You understand and agree that Company may revise the eligibility requirements from time to time and require new conditions and certifications and that you will abide by such revised eligibility requirements or discontinue using the Website.
  5. Use of Website. You agree to use the Website in a manner that is lawful, relevant and proper. You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Website: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) defaming, abusing, harassing, harming, stalking, threatening or otherwise violating the legal rights (including without limitation rights of privacy and publicity) of others; (c) attempting to probe, scan, or test the vulnerability of the Website, or to breach security or authentication measures without proper authorization; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Website to send unsolicited e-mail, including, without limitation, illegal promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website; (h) uploading files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity; (i) harvesting or otherwise collecting information about Website users without their consent; (j) impersonating another person or allowing any other person or entity to use your user name or password; (k) reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Website; (l) selling, renting, sublicensing or leasing of any part of the Website; (m) circumventing any territorial restrictions applied by Company or it licensors; (n) removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content; (n) providing your password to any other person or using any other person’s username and password; and (o) copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Content, or otherwise making any use of Company or the Content which is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in Company or the Content or any part of it. Company reserves the right, but does not undertake the obligation to: (a) monitor or review the Website for violations of this Agreement and for compliance with Company’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) manage the Website in a manner designed to protect Company’s and third parties’ rights and property or to facilitate the proper functioning of the Website; (d) screen Company’s users or members, or attempt to verify the statements of Company’s users or members and/or (e) monitor disputes between you and other users or to terminate or block you and other users for violations of this Agreement. Enforcement of these Terms of Use is solely at Company’s discretion, and failure to enforce in some instances does not constitute a waiver of its right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Website will not contain any content or conduct that is prohibited by such Terms of Use.
  6. Non-Circumvention Programs. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Company reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer or member of Company, including any Company account not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Website or to Company. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.
  7. Notification of Claimed Copyright Infringement. Company respects the intellectual property rights of others, and we ask our users to do the same. Company may, in its sole discretion, terminate the accounts of producers who violate others’ intellectual property rights. If you believe that your work has been copied in any way that constitutes infringement on the Website, you may file a notification of such infringement with our designated agent at info@ccchoir.org and provide the following information: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work, a copy of the work or identification of the location (e.g., URL) of an authorized version of the work; (b) identification of the material you believe to be infringing and its location; (c) your name, address, telephone number and (if available) e-mail address; (d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (d) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf and (e) a signature or the electronic equivalent from the copyright holder or authorized representative. Please see 17 U.S.C. §512(c)(3) for the full requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
  8. SMS Text Message Alert Service. Company may make SMS text message alert services available to Users. Users who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary, and if you decide to use this service, you are giving Company permission to send SMS text messages to your cellular phone and/or mobile device. We do not charge for this service, but your carrier may charge you.
  9. Third-Party Links. From time to time, the Website may also include links to services, platforms, advertisers, applications, information, and content owned or controlled by third-parties. These links are provided for your convenience to provide further information. They do not signify that Company endorses the third-party program(s), service(s), information or content. Company has no responsibility for the content of the linked platform(s). You agree that your use of such platforms, services and/or content is at your own risk, and that Company’s Terms of Use do not apply to such platforms, services and/or content. You should carefully review any applicable terms and conditions that would apply to your use of these third-party platforms, services and/or content. Company expressly disclaims, and you expressly release Company from, any and all liability and damages arising from or in any way related to your use of these third-party platforms, services and/or content.
  10. Limitation of Liability. EXCEPT WHERE OTHERWISE PROHIBTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFIT OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. COMPANY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF COMPANY, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE WEBSITE EXCEED THE AMOUNT OF MONEY RECEIVED FROM YOU, IF ANY, BY COMPANY DURING FROM THE PRIOR 12-MONTH PERIOD OF YOUR SUBSCRIPTION. 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 LIMITATIONS HEREIN MAY NOT APPLY TO CONTENT PROVIDER. FOR INSTANCE, IF CONTENT PROVIDER IS A CALIFORNIA RESIDENT, CONTENT PROVIDER AGREES TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  11. 11.DISCLAIMERS. COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, USE AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICE OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ONLINE OR OFFLINE. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
  12. Indemnity. You agree to indemnify and hold harmless Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees and court costs), made against Company by any third party due to or arising out of or in connection with (a) your use of the Website, (b) your violation of this Terms of Use, (c) the infringement of any intellectual property or any other right of any person or entity by you, or any other user of the Website using your computer; (d) disputes between you and other Users; (e) your use and/or misuse of the Service; (f) your violation of any applicable law, rule or regulation; and/or (g) the inclusion by you of any inaccurate, misleading, false or deceptive statements within your User Content. Company hereby reserves the right to assume the control and defense, at its own expense, of any matter otherwise subject to indemnification by you. Regardless, you shall provide reasonable cooperation to Company as requested by Company in defense of all such claims.
  13. Recovery of Costs and Fees. If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
  14. Arbitration and Choice of Law. Use of the Website and any dispute arising out of such use of the Website, shall be construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction) which would cause the application of the laws of any other jurisdiction other than the State of Illinois. If a dispute arises out of or in connection with your use of the Website, the Parties shall first try to resolve the dispute with the help of a mutually agreed upon mediator, preferably one familiar with the Entertainment Industry, in Cook County, Illinois associated with the American Arbitration Association and according to the AAA Commercial Arbitration Rules, or any other dispute resolution service agreed to by the Parties. Any costs and fees other than attorney fees will be shared equally by the parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties shall submit the dispute to binding arbitration in Cook County, Illinois, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and this Paragraph, and that Company and Content Provider are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of the Agreement. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
  15. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
  16. Void Where Prohibited. Company administers and operates the Website from its location in Cook County, Illinois USA. Although the Website is accessible nationwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
  17. No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
  18. Relationship of Parties. You acknowledge that you are not legally affiliated with Company in any way, and no independent contractor, partnership, joint venture, or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third-party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Company, except as provided herein or authorized in writing by Company. Company is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and Company is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if Company is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify Company for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
  19. Severability. If any of the provisions of these Terms of Use are held by a tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded. Company’ S failure to enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use.