PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A CONTRACT. IF, FOR ANY REASON, YOU DO NOT AGREE WITH ALL OF THE TERMS OF US, PLEASE DISCONTINUE USING THE website IMMEDIATELY.
Terms and Conditions of this Site
This site is owned and operated by Window To The World Communications, Inc (“WWCI”), an Illinois not-for-profit corporation with its principle offices located at 5400 N. St. Louis Avenue, Chicago, Illinois. By accessing or using the site, you agree to be bound by these Terms of Use. WWCI provides the information, services, text, graphics, links or other material (the “Material”) on the site for you, conditioned upon your acceptance, without modification, of these Terms of Use. These Terms of Use and the Material may be revised, amended, or supplemented by WWCI without notice at any time for any reason. Please check these Terms of Use periodically for changes. By using this website after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.
Restrictions on Use
This site contains Material which is derived in whole or in part from material supplied by WWCI, PBS and other sources and is protected by, without limitation, copyright and trademark laws. You may not modify, copy, reproduce republish, upload, post, transmit or distribute in any way any Material from this site including code and software. You may download Material from this site for your personal, non-commercial use only, provided you keep in tact all copyright, trademark and other proprietary notices. Modification of the Material or use of the Material for any other purpose is a violation of WWCI’s or other parties’ copyright and other proprietary rights. The website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the website, you should confirm any facts that are important to your decision.
DISCLAIMER
YOU USE THIS website AT YOUR OWN RISK. NEITHER WWCI, ITS AFFILIAITES, SUBSIDIARIES, DIVISIONS, PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES (THE “WWCI AFFILIATES”) WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS website. NEITHER WWCI NOR THE WWCI AFFILIATES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE OR MECHANDISE PROVIDED THROUGH THE website OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE website OR. WWCI IS NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS website INCLUDING, WITHOUT LIMTATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMLAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHADN OF THE POSSIBILITY OF SUCH DAMAGES. WWCI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER website USERS OR THIRD PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL WWCI’S AND THE WWCI AFFILIATES’ COLLECTIVE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE ) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
WWCI DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMTED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVE OFFERED ON THIS website. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Links
The documents on this website contain hypertext pointers to information created and maintained by other organizations. Please be aware that WWCI does not control or guarantee the accuracy, relevance, timeliness or completeness of this outside information. Further, the inclusion of hypertext links is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the server on which the reference is maintained. This agreement does not cover your rights or responsibilities with respect to third party content or sties or any links that may direct your browser or your connection to third party sites or pages.
Other sites may link without prior permission to this website’s home page only through a plain-text link. Permission must otherwise be granted by WWCI for any other type of link to this we b site. To seek our permission, you may write to NAME, WWCI, 5400 N. St. Louis Avenue, Chicago, Illinois 60625. Any third party website that links to this website (a) shall not create a frame, browse or border environment around any of the content of the website; (b) may link to, but not replicate, content of this website; (c) shall not imply that WWCI is endorsing or sponsoring it or its products or services; (d) shall not present false information about WWCI or its products or services; (e) shall not use WWCI trademarks without the prior written permission of WWCI; and (f) shall not contain content that could be construed as distasteful, offensive, obscene or controversial.
Submissions
WWCI is always pleased to hear from its viewers and others, but, in order to avoid future misunderstandings when the projects developed by WWCI seem to others to be similar to their own ideas and suggestions, WWCI does not accept or consider programming ideas, suggestions or materials unless specifically requested. Any creative materials, ideas or concepts (“Concepts”) that you send to WWCI shall be deemed and shall remain the property of WWCI without compensation to the provider of the Concept. None of the Concepts shall be subject to any obligation of confidence and WWCI shall not be liable for any use or disclosure of any Concepts in any and all media now known or hereafter devised throughout the world. By submitting material to this website you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that WWCI has independently developed or that has or may come to WWCI from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will be returned to you and WWCI shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of WWCI’s use of similar or identical material.
Forums and Forms
The information and opinions (“Ideas”) expressed in bulletin boards, chat rooms, contact forms, or other forums conducted on this site (“Forums”) are not necessarily those of WWCI or its affiliated or related entities or content providers. WWCI makes no representations or warranties regarding such Ideas. WWCI shall not be responsible or liable to any person or entity r (including, without limitation, persons who may use such Ideas), for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim liability or other cause of any kind or character whatsoever based upon or resulting directly or indirectly from any Ideas provided by WWCI or included within WWCI’s website, whether resulting from errors in or omissions from such Ideas, any use of any Ideas by any third party, or the content of any such Ideas otherwise.
WWCI is not responsible for any Ideas posted on our Forums or submitted through “Contact Us” or similar forms. You shall not submit or otherwise publish through such Forums or forms any content which: a. libels, defames, invades privacy or publicity rights, or is obscene, pornographic, abusive, threatening, hateful, racially, ethnically or otherwise objectionable material of any kind including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; b. infringes any intellectual property or other right if any entity or person including, but not limited to violating anyone’s copyrights or trademarks; c. violates any law; d. contains a virus or other harmful component; or f. advertises or otherwise solicits funds or is a solicitation for goods or services.
You understand that WWCI has no obligation to monitor the Forums. However, WWCI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, that in WWCI’s sole discretion are objectionable or in violation of these Terms and Conditions. WWCI may terminate your access or suspend your right to access to all or part of this website, without notice, for any conduct that WWCI, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user.
Ownership of Intellectual Property
All website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the website including, without limitation, the selection, sequence and “look and feel” and arrangement of items, (individually and/or collectively “Material”), are the property of WWCI, its subsidiaries, affiliates, divisions, licensors or suppliers and are legally protected under the US federal and state, as well as applicable foreign, laws, regulations and treaties. WWCI may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copyright or redistribution for commercial purposes of the Materials or design elements of the we site is strictly prohibited without the express written prior consent of WWCI or its owner if WWCI is not the owner. All rights in the product names, company names, trade names, logos, product packaging and designs of WWCI or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to WWCI, as applicable, or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this website confers on you an license or right under any patent, copyright or trademark of WWIC or any third party.
Copyright Agent
Pursuant to the terms of the Digital Millennium Copyright Act, WWCI has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. WWCI’s Copyright Agent is Barry O’Connell who may be reached by telephone at (773) 509-5410 or by e-mail at [email protected].
If you believe that your work has been copied on this website in a way that constitutes copyright infringement please promptly provide the Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the website;
(d) your address, telephone number and e-mail address;
(e) 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;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf; and
(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
No Spamming
You agree not to utilize this website for purposes of spamming (i.e, sending unsolicited e-mail).
Promotions and Contests
This website may contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this website.
Membership and Registration
Certain areas of this website may require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. WWCI reserves the right to reject any user name that is, in WWCI’s sole and absolute judgment, offensive. You agree to notify WWCI of any unauthorized use of your user name and/or password. You must be at least 18 years old to register on this website.
Purchase of Merchandise
In the event any merchandise or services are offered for sale via this website which are listed at an incorrect price or contain other incorrect information, WWCI shall have the absolute right to refuse or cancel any order placed for such merchandise or services and WWCI is released from liability for same. Your only remedy is to return to WWCI or a third party offering that merchandise for a refund, at WWCI’s or the third party’s sole discretion. Prices and availability of products and services on this website are subject to change without notice. WWCI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). WWCI reserves the right to refuse an order from any customer at its sole discretion. Each time you purchase a product or service through this website you are representing to WWCI that you are either an individual 18 years of age or older or that you have the express permission of a parent or guardian for you to make purchases and for WWCI to collect certain information about you in accordance with the terms of WWCI’S Privacy Policy.
Indemnification
You agree, at all times, to defend, indemnify and hold harmless WWCI and the WWCI Affiliates from and against any and all claims, actions, liabilities, damages, injuries, costs and expenses including, without limitation, attorneys’ fees and court costs, arising directly or indirectly of any use you make of this website or for your breach of any agreement, covenant. Representation, warranty or obligation contained herein.
Other
These Terms and Conditions will be governed by and interpreted pursuant to the laws of the State of Illinois, United States of America, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the sate and federal courts located in Chicago, Illinois in all disputes arising out of or relating to these Terms of Use or use of this website. These Terms of Use shall be governed by the United Nations Convention on contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this website must be commenced within one (1) years after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. WWCI makes no representations regarding the legality of access to or use of the website or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access this website from outside the United Sates do so at their own risk. If any provision of this agreement shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from this agreement and shall not effect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to that subject matter. The paragraph headings used herein are for convenience only, and they shall not be used to limit any portion of these Terms of Use.