Last updated: October 21, 2019
This Agreement is between Be A Light For Chicago and you, the Authorized User (“you” “your”), and applies to your use of the Sites and the Site’s services, and access to and use of all content on the Sites. In no event will any additional or inconsistent term in any document submitted by you modify this Agreement. This Agreement contains the terms, covenants, conditions and provisions upon which you may access and use the Sites.
User Message Boards and Comments.Our Website may allow you to post comments, messages, or photos. The purpose of this is to share the accomplishments of our Be A Light For Chicago family and upcoming events that we believe are of interest to you. We welcome positive discussion, words of encouragement and constructive and respectful comments related to the topics on our page.
To protect the interests of our children and their families, we reserve the right to remove comments that we consider offensive, disruptive, defamatory or derogatory toward our children, their families, our coworkers or our mission.
It is out policy to remove content that includes profanity, sexual content or images, racial slurs or posts that could offend anyone on the basis of race, color, gender, religion, national origin, socioeconomic background, sexual orientation, age or disability. Off-topic content or advertisements may also be removed as well.
Additionally, by uploading photographs to this Website, you are warranting that you have the authority to authorize the public display of those photographs. You are representing and warranting that you own all rights in the photographs and that you have obtained all necessary consent from any third party whose images are depicted to reproduce said photographs, and if requested by Be A Light For Chicago, you will be able to promptly deliver proof of all required consents.
By uploading a photograph, video or other content to the Website, you are granting Be A Light For Chicago a license to display and reproduce the photo and caption in any format as Be A Light For Chicago sees fit. Be A Light For Chicago is under no obligation to display the photograph and may remove the photograph if it is deemed obscene, infringes on a third party copyright or trademark, or for any other reason determined at the sole discretion of Be A Light For Chicago.
Under DMCA subsection 512(c)(3), a notification of claimed copyright infringement must be provided in writing to the above-listed designated agent and must include substantially the following:
Upon receipt of appropriate written notification from the complaining party, as described above, we will remove or disable access to the material that is claimed to be infringing. In addition, for notifications provided under DMCA subsection 512(c)(1)(C), we will take reasonable steps to forward the written notification to the allegedly infringer.
Disclaimer of Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, (I) the SITES and THEIR CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES and CONTENT IS WITH YOU, AND (II) ALL WARRANTIES WITH RESPECT TO THE SITES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT OR LACK OF Error OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES ARE HEREBY DISCLAIMED.
NO INFORMATION CONVEYED BY THE SITES and Content EITHER ORALLY OR IN WRITING SHALL CREATE SUCH A WARRANTY. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND SAFETY MEASURES TO SATISFY YOUR REQUIREMENTS FOR PROTECTION OF AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA. UNDER NO CIRCUMSTANCES WILL BE A LIGHT FOR CHICAGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATING TO OR ARISING FROM YOUR USE OF THE WEBSITE OR CONTENT.
Except as expressly set forth in these Terms, Be A Light For Chicago and its affiliates make no guarantees and disclaim all warranties and representations about the Sites’ accuracy, relevance, timeliness or completeness, and do not warrant that the Sites and Content will meet your requirements in any respect, operate securely or be available at all times, or that the operation of the Sites will be uninterrupted or error-free, or that defects or errors in the Sites and Content can or will be corrected.
We do not represent or warrant that any version of the Sites and Content, or any portion thereof, will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the Sties and Content. The Sites and Content may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). Be A Light For Chicago does not undertake any obligation to provide the Website and Content to you in a way that is compatible with your hardware or software.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL BE A LIGHT FOR CHICAGO, ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS, YOUR USE OF OR INABILITY TO USE THE sites and Content, YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITES and Content, THE INACCURACY OR LOSS OF ANY DATA GENERATED OR MADE AVAILABLE BY THE SITES and Content OR YOUR RELIANCE ON ANY SUCH DATA, EVEN IF BE A LIGHT FOR CHICAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 above limitations and disclaimers may not apply to you. To the extent that Be A Light For Chicago may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, this section shall in any case be interpreted to limit our Liability to the greatest extent permitted by law.
You acknowledge and agree that Be A Light For Chicago has offered the Sites and Content and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Be A Light For Chicago, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Be A Light For Chicago. You acknowledge and agree that Be A Light For Chicago would not be able to provide the Sites and Content on an economically reasonable basis without these limitations.