ACCEPTANCE OF TERMS
USER understands that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the USER from whom such Content originated. More specifically, USER is entirely responsible for each item (“Item”) of Content that is posted, emailed or otherwise made available via the Service. USER understands that Chris Salewicz does not control, nor is responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, and/or otherwise objectionable. Furthermore, the Chris Salewicz site and Content available through the Service may contain links to other websites, which are completely independent and not affiliated with Chris Salewicz which could expose USER to offensive, indecent, inaccurate, misleading and/or objectionable Content. Chris Salewicz makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such link or its target site. USERS choice to link to any other websites is at their own risk. USER must agree to bear all risks associated with, the use of any Content. Any reliance upon Content by USER is at USERS sole discretion and under no circumstances will Chris Salewicz be liable in any way for any Content or for any loss or damage whether actual, consequential or incidental incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Chris Salewicz does not pre-screen or approve Content, but that Chris Salewicz shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason, in the sole discretion of Chris Salewicz.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Chris Salewicz’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Chris Salewicz. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Chris Salewicz.
NO SPAM POLICY
USERS may not send unsolicited email advertisements to Chris Salewicz email addresses or through Chris Salewicz computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in Illinois. Any unauthorized use of Chris Salewicz computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE
Chris Salewicz may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which USERS may access the Service. USERS agree that Chris Salewicz has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Chris Salewicz reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Chris Salewicz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Chris Salewicz. USERS may not to reproduce, duplicate or copy Content from the Service without the express written consent of Chris Salewicz, and agree to abide by any and all copyright notices displayed on the Service. USERS may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, USERS agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Chris Salewicz is a registered mark in the U.S. Patent and Trademark Office.
Although Chris Salewicz does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Chris Salewicz an irrevocable, perpetual, non- exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Chris Salewicz all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
The TOU constitute the entire agreement between USER and Chris Salewicz and govern the use of the Service, superseding any prior agreements between USER and Chris Salewicz. The TOU and the relationship between USER and Chris Salewicz shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. USER and Chris Salewicz agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois. The failure of Chris Salewicz to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.