Terms of Use

The following Policy contains important restrictions, notices and disclaimers and shall apply to any Ad User using our Services and governs use of any and all Materials on our Website and appearing on any Ad User's public profile and/or on our Event Calendar including, but not limited to, any permitted images, graphics, photos, videos, audio recordings, text ideas, all written or electronic materials, including text or other content provided by any Ad User displayed on the Website ("Content"). In consideration for your access and use of the Services offered by us through this Website, You agree to comply with the following terms and conditions at all times during your use of this Website:

A. Content Use & Ownership:

You are permitted to use any images or videos created by us that we may elect (in our sole discretion) to make available to users of our Services, from time to time, and provided through your online Profile Panel. You are also permitted to upload your own images to our image bin and use such images on your Profile Panel. You may upload any links to your business's website or blog or text about your business or a general description of the products or services offered by your business to your Profile Panel. Please note that any images/video uploaded by You may be reviewed by our staff, but it is nevertheless your sole responsibility to ensure that the images fall within our User Content Policy guidelines, set forth in more detail below. We do screen any images You upload to ensure that they are actual image files and that such files do not exceed the upload file size limit (as referenced during the registration process and/or on our Website).

Specific advertisements about a product or service offered by any Ad User is permitted to be displayed onto such Ad User's Profile Panel (i.e. “50% Off Name Brand Bags This Thursday thru Sunday” only!). In addition, general product or service information such as “Home of the $1 Hot Dog!” is permitted to be displayed on your Profile Panel.

You represent that You are the owner, authorized licensee or authorized user of any Content that is uploaded and used/displayed directly by You.

B. Prohibited Content:

You agree that You will not upload, publish, link to or otherwise display any Content that:

i) promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material or that is harmful to minors; or

ii) encourages conduct that would violate any law or Content that violates any applicable statute, ordinance, regulation or rule; or

iii) contains personal information about any individual without that persons consent or otherwise violates the privacy of any other individual or entity or Content You are not authorized to disclose; or

iv) misrepresents an affiliation with another person or organization or posting any Content that infringes any copyright, trademark, service mark, patent, trade secret or other intellectual property right of any third party; or

v) contains viruses, corrupted files, worms, Trojan horses or any other similar malicious software or programs that may expropriate, intercept or interfere with any data, information, property or system of another person or that may damage interfere or adversely affect the operation of our Website or any computer or other device of any user of our Website; or

vi) is materially false, misleading or inaccurate.

C. User Indemnification:

You agree that You shall indemnify, defend, hold harmless and pay any judgment or settlement of, any and all claims or actions of whatever kind or nature asserted by any third party against us, including any of our officers, employees, agents or representatives, as may be applicable, arising from or in connection with any Content You upload in connection with your use of the Services. You agree to pay all expenses, court costs and attorneys' fees incurred by us in connection with any of the foregoing claims or actions.

D. Content Storage:

You are solely responsible for all Content including, if desired by You, the making and keeping of back-up copies of any or all Content. We shall not have any responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content or the security, privacy, storage or transmission of other communications involving your use of our Website. We will not access, view or listen to any Content, except as follows: (1) as permitted under this Agreement, including our Privacy Policy; or (2) as necessary to maintain or provide the Website or the Services, including without limitation: (i) to restore the applicable Content at your request in the event of a service interruption, but only if we are reasonably able to do so; (ii) to conform to legal requirements or comply with legal process as deemed necessary or advisable by us in good faith; (iii) to detect, prevent or otherwise address fraud, security or technical issues; or (iv) to enforce this Agreement, including investigation of potential violations hereof as further described in this Policy (Investigations).

E. Irrevocable Limited License to Use Content:

Any Content you submit, upload or post to this Website by any means will be treated as non-confidential and non-proprietary and may be edited or restricted from being displayed on this Website, at our sole discretion. When you post Content on this Website, you keep all rights and title to the Content including any copyrights, but you grant us with an irrevocable, nonexclusive, royalty-free and perpetual right to post, display, copy, and modify that Content in connection with the operation of this Website, the Services and our business generally and to sell or otherwise transfer that Content in connection with transfer of operation and/or ownership of this Website or other location to which the Content was posted.

F. Limited Editorial Control:

We may from time to time monitor or review any Content posted or transmitted by our Ad Users to ensure compliance with this Policy. However, we are under no obligation to do so. We reserve the right, in our sole discretion, to terminate any Ad User account, remove any Content and/or remove any user's ability to upload any Content if we believe that such user has violated any of the terms or conditions contained in this policy. We are a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230 (“CDA”). We intend to comply with the requirements of the CDA and shall exercise any editorial control over any of the Content in a limited fashion in order to carry out the terms of this policy and/or protect its interest or rights or those of any third parties. Our liability for defamation and other claims arising out of or in any way related to the Content shall be limited as described in the CDA. We shall not have any legal obligation to assume any editorial control over the Content.

G. Content Disclaimers & Investigations:

We shall not be responsible for any Content uploaded onto or displayed on our Website and we do not warrant the accuracy of any such Content. We assume no responsibility to investigate or verify the accuracy of any Content or that the Content does not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. You agree that under no circumstances shall we be liable to You for any damages or claims of any kind or nature whatsoever occurring or arising from any Content posted or transmitted on this Website by any Ad User including, but not limited to, any Content that is defamatory, libelous or slanderous, contains any omissions, falsehoods, obscenities, is pornographic or sexually explicit or profane or otherwise violates any law or right of some third party, or related to the content or nature of any events displayed on our Website posted by any Ad User and the manner in which any Ad User displays such events on this Website. We do not represent or endorse the accuracy or reliability of any Content. You acknowledge that any reliance by you upon any Content (whether yours or others) shall be at your sole risk. We do not generally monitor user activity occurring in connection with the Profile Panel or with your use of the Services generally. However, if we become aware of any actual or possible violations by You of any provision of this Agreement, including without limitation this User Content Policy, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate this Agreement (including the License granted herein), or may change, alter or remove any Content, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with your use of the Profile Panel and the Services in general.

H. DMCA and Trademark/Service Mark Policy:

We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.

Termination

We can terminate your use and access of the services by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website, the Services or your Profile Panel is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services; or iii) if we determine in our sole judgment that continuing the operation of the Services and/or Website is no longer desirable or in the best interests of the operators of the Website. Once this Agreement is terminated for any reason, your license to use the Services shall terminate and shall otherwise be revoked by us. Content that you have posted to the Website, other than Content that has been published, will be deleted as a result of your termination. We will retain any of your Identity Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures.

General Indemnification

You hereby agree to defend, indemnify and hold us, our officers, directors, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs of any kind or nature whatsoever (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services, as applicable; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; or (iv) your negligence or willful misconduct.

Release

You hereby release us, our officers, directors, employees, agents and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with: (a) your use of the Services, as applicable, or for any other purpose whether or not contemplated or permitted by this Agreement; and/or (b) from any transaction, event, occurrence, injury or other damage arising from or related to any dialogue or other activity or interaction you participate in with any other users of the Services or this Website and any Content related to the same. If you are a California resident you hereby waive the application to you of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you hereby waive any applicable law that is similar to California Civil Code Section 1542.

Down Time Disclaimer

While we strive to keep downtime to a minimum, from time to time the Website and the Services may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to you for any downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information), (ii) any reason described in our section regarding Force Majeure, or (iii) your inability to connect to or to access the Website or Services (including ability to access and use any contests on our Website) due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem. Additionally, please note that we will not respond to any complaints by any of our users related to page loading errors that may occur during game playing.

WARRANTY DISCLAIMER

THE SERVICES ARE BEING MADE AVAILABLE ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND ARE BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE, UNDER ANY CIRCUMSTANCES. THE USE OF THE SERVICES AND THE MATERIALS THEREFROM SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND WITH YOUR UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY FAILURE THAT ARISES OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES WITH ANY HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION ANY FAILURE RELATED TO OR ARISING FROM YOUR INABILITY TO CONNECT TO OR TO ACCESS THE WEBSITE OR SERVICES DUE TO PROBLEMS RELATED TO YOUR P.C. HARDWARE, SOFTWARE, NETWORK, NETWORK SETUP OR SECURITY, OR YOUR INTERNET SERVICE PROVIDER OR ANY OTHER SIMILAR PROBLEM.

LIMITATION OF LIABILITY

YOU AGREE THAT ALL WEBSITE OWNERS/OPERATORS AND/OR OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE) SHALL NOT BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS AND USE OF THE WEBSITE OR THE SERVICES IN ANY WAY WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY INTERRUPTION OR TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON WHATSOEVER OR FOR ANY CONTENT CONTAINED ON THIS WEBSITE INCLUDING ANY ADVERTISEMENTS YOU VIEW OR THE ACCESS, RECORDING, STORAGE OR OTHER USE BY US THEREOF, INCLUDING WITHOUT LIMITATION: (A) ANY CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE WEBSITE OR THE SERVICES; (B) ANY CONTENT THAT IS UPLOADED BUT NOT RECEIVED; (C) ANY ACCESS TO OR ALTERATION OF CONTENT BY YOU OR ANY OTHER PERSON; (D) ANY CONTENT UPLOADED USING, OR INCLUDED IN, THE SERVICES; (E) ANY DEFAMATORY, ILLEGAL, OBSCENE, OFFENSIVE OR THREATENING CONTENT; (F) THE CONDUCT OF YOU OR ANYONE ELSE IN USING THE SERVICES; OR (G) ANY INFRINGEMENT OF ANOTHER PERSON'S RIGHTS, INCLUDING WITHOUT LIMITATION RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY OR DATA PROTECTION.

WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).

WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME KNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Exceptions to Disclaimers & Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Compliance with Laws

You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

Restricted Access and Use

The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.

Information Collection Consent/Privacy Policy

WE COLLECT AND STORE CERTAIN INFORMATION SUBMITTED BY OUR USERS IN CONNECTION WITH USING OUR WEBSITE.. PLEASE READ THE FOLLOWING SECTION AND SEE OUR PRIVACY POLICY FOR MORE DETAILS.

By entering into this Agreement, any individual Ad User agrees to our collection, use and disclosure of all information we collect and sometimes share in accordance with our Privacy Policy. All details of our collection and use of any information we collect from you is set forth in detail in our Privacy Policy, as may be updated from time to time. The information we may collect and share includes any other information we may decide to collect and share from time to time, including information we automatically collect about your use and interaction with our Website and the Services. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement and You hereby consent to our collection and use of any information as described therein. We also use cookies as described in our Privacy Policy, for the purpose of managing your access to the Website, Profile Panel, delivering the Services to You and for other purposes.

The manner in which we use any information that You submit or that we collect automatically through your access and use of the Services shall at all times be consistent with this Section and with our Privacy Policy. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Identity Information collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we maintain facilities. You consent to any such transfer of your Identity Information outside of your country of citizenship or residence.

WE HAVE NO CONTROL OVER, AND SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR, WHETHER AND IN WHAT MANNER ANY OTHER USERS USING OUR SERVICES USE ANY INFORMATION WE SHARE OR USE ANY CONTENT YOU PROVIDE/DISPLAY ON OUR WEBSITE.

Modifications

We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use. Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy.

Miscellaneous:

A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, whether written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement.

B. Authority. If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.

C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principles, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.

Any arbitration proceeding shall be brought and heard in the Winnebago County, State of Illinois, U.S.A. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.

E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Winnebago County, Illinois, U.S.A. and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois, U.S.A., without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

G. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.

H. Assignment. This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.

I. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.

J. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between us and You nor will either such party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other party.

K. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill any of our obligations to You under this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE EITHER OUR SERVICES OR OTHERWISE ACCESS ANY RESTRICTED PORTIONS OF OUR WEBSITE.

Privacy Policy

This Privacy and Communications Policy (“Policy”) is effective as of September 12th, 2017.

This Policy sets forth how the owners and operators (“we” or “us”) of www.aurora.buzz (“Website”) collect and use the information provided to us and certain other information that we automatically collect from your general access and use of this Website as a registered guest user (“Guest User”) and/or by using our online Event Calendar and business profile advertising services (“Services”) as a registered business user (“Ad User”). Sometimes our Guest Users and our Ad Users are both referred to collectively as “you” or “your” where appropriate. YOU ACKNOWLEDGE AND AGREE THAT BY USING ANY PORTION OF THIS WEBSITE AS EITHER AN AD USER OR AS A GUEST USER, OR BY OTHERWISE USING ANY SERVICES OFFERED THROUGH THIS WEBSITE, SUCH USE SHALL INDICATE THAT YOU HAVE READ, UNDERSTAND AND THAT YOU AGREE TO OUR COLLECTION AND USE OF THE INFORMATION PROVIDED BY YOU OR AUTOMATICALLY COLLECTED BY US, AS SET FORTH IN THIS POLICY.

If you have any general questions or concerns about this Policy, you may contact us by sending an email with your questions, comments or concerns to tahj@aurora.buzz.

Personal Information from Children Under 13

Children under the age of 13 are expressly prohibited from submitting or posting any personal Information on this Website. We do not knowingly collect information from children under the age of 13 and do not intend that any materials contained on this Website are directed to or targeted towards children under the age of 13. If it does come to our attention that any child under the age of 13 has submitted any personal information to this Website, we will delete all such information that we have collected immediately. If you are a parent or guardian and you discover that your child under the age of 13 has submitted any of his or her personal Information without your permission or consent, we will remove the information immediately upon your request. All requests should be made by email and sent to tahj@aurora.buzz. Please include your child’s name and a description of the type of information you think he or she may have submitted to this Website.

Personally Identifiable Information We Collect from You

There are a variety of ways in which you may submit certain personal information (personally identifiable information) on this Website as either a general We collect and store user of this Website or as a registered Ad User. We collect and store the first and last name and email address submitted by both Guest Users and Ad Users during the registration process to access and use the Services (collectively “Identity Information”). Ad Users and Guest Users will also be asked to create and provide a user name and password upon each log-in attempt to access the restricted portions of this Website and we collect and store this information on our database. We collect and store other Identity Information as set forth in this Policy. Finally, we collect the birthdate/age of each of our Guest Users as entered during the registration process.

Article Forum Comments

When you post any comments on our forums about any of our articles, we collect and store such comments along with your first and last name and email address you provide to leave any comments on our database. We use any such information as described in this Policy.  Comments, by their nature, are immediately and publicly visible to other users. When you share information publicly, it may be indexable by search engines. Do not post information you consider to be private in nature. You should be aware that any information provided in these areas may be read, collected, and used by our third party Ad Users. We shall have no liability whatsoever for any action or policies of any of our Ad Users or any other third parties who may collect any Identity Information or any other information you provide on this Website. We have no control over, and shall have no liability to You whatsoever for THE manner any Ad Users or any other third-party uses any information you provide on our website.

Ad User Profile Content

Any Ad User automatically allows any other General User to view the content and information contained on their profile page when they agree to our terms. Any content any Ad User uploads or submits to our Website, including photographs or any other content may be viewed, collected or used by us as set forth under the terms of our User Content Policy contained in our Terms of Service. We have no control over, and shall have no liability to You whatsoever for the manner any of our website visitors use any information or materials anY AD User provides or displays on their business profile or in any event description.

Forms

When you provide any Identity Information and/or any comments through any form contained on this Website, including in order to contact us, we collect and store the information provided by you. We may use your email or any other Identity Information you provide as expressly set forth in this Policy.

Our Mobile Application

We collect certain information from your mobile device through our mobile application (“app”) offered through this website when you download and use our app on your mobile device, which may include physical device location information (such as your phone’s zip code, your age, he unique device ID number and/or any application use data which is used by our business for internal analysis and research purposes). We also collect and store Use Information regarding your use of our mobile app, such as how frequently you use the app, how much time you spend on the app, where you spend time on the app, etc. We do this for internal analysis and research in order to enhance the application or offer additional applications. We also use this information as expressly stated in this Policy.

How We Automatically Collect Non-Personally Identifiable Information

When you access our Website, we collect and store certain non-personally identifiable information sent automatically by your browser. This includes your IP address, which may tell us your general location information, such as your country and sometimes your city, state and/or zip code, and the domain name from which you access our Website (“Location Information”). We also automatically collect and store other standard server log information, such as your browser type and language, the pages you access and the date and time you access pages on our Website and your operating system version. We also may determine what technology is available through your browser in order to provide you with the most appropriate version of any of our web pages. For example, we may determine that you have installed a version of Flash,  and we will then send you the appropriate Flash version of the web page rather than an HTML page. We may also use this information to redirect you to a different version of our Website if you are accessing our Website through a mobile or similar device. We collect and retrieve this information using standard web server logs and automatic data collection tools such as cookies and web beacons.

We may collect device-specific information about your mobile and other devices such as the type of device you are using, device model, manufacturer, screen resolution, device capabilities and preferred user language. We do this to help display the appropriate version of our Website to you depending upon your device and to help us determine which aspects of the website work best for mobile traffic.

Our Use of “Cookies” & Web Beacons

We may monitor your use of this Website through the use of any automatic data collection tools and you consent to our use of these tools when you use and access our Website. We use cookies and/or other automatic data collection tools to identify and recognize your browser as a previous visitor to our Website and save and remember any user preferences that may have been set during a previous visit. For example, our server stores specific user preferences and settings on this Website and/or store similar session identifiers to help you navigate and access certain features on this Website. We also use cookies and/or web beacons to track and record your Website use and activity data, including the business profiles and events and other pages you view, the date and time you view such portions of our Website, how long you spend on each page or portion of our Website, the links you click on within any business profile, event description or contained anywhere else on this Website, whether you are a new vs. repeat visitor or in order to monitor your interactions with any video, audio or other similar content that you access on this Website (“Use Information”).

We may also use the Facebook conversion pixel to track visitors to our Website from our Facebook fan page.

Both session cookies, which do not stay on your browser after you exit this Website, and persistent cookies, which remain on your computer until you delete them or they expire, are used by us now or may be used by us at any time in the future. You can elect to turn off all cookies and web beacons through your browser settings. However, if you do, some features on our Website will not be available to you and some of our Website pages may not display properly.

We do not currently use any third-party cookies or allow any third-parties to collect any information from your browser to track your use on our Website.

Geolocation Information

We may collect your actual location data from your device when you access this Website and enable location tracking from your browser. This may include the GPS coordinates of your mobile device or other actual location information from other sources such as through your Bluetooth MAC address, RFID, Wi-Fi connection location, or through cell phone triangulation. Any actual location information we collect is collectively referred to as “Location Information” throughout this policy. You may at any time no longer allow our application to use your location by turning this off at the device level.

How We Use & Share Your Personal Information

Sharing Information With Our Ad Users

We provide certain website Use Information about your use of our website to our Ad Users. This is done for the express and single purpose of allowing registered Users of our services to “study” such use in exchange for providing you with information about local events and goods or services. We may share which specific business profile pages you visit, the events on our event calendar you visit, which links you click on within such profiles and event descriptions and the date, time and duration of time you spend on each profile or event description. We also share the age of our General Users in connection with general Use Information we collect. No unique identifiers or any location information is linked to your specific use information and all use information we share is general in nature. We do not have any measure of control over how our Ad users use any information we share with them. Any such Ad User shall be urged to use and protect your information in a manner consistent with this Policy at all times as a condition of registration and use of the services.

Service Providers

We use third party service providers to provide services and/or products to us necessary for hosting or operating this Website, and/or necessary for providing email services and similar services to our users. In the course of providing these services and/or products to us, such third parties may sometimes have limited access to information collected on this Website, including some of your Identity information. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us for any third party provider to use or disclose this information in any manner whatsoever other than as necessary to provide the applicable service to us.

Marketing & Business Consultants

We may share or disclose your Use Information with our marketing and business consultants and any other similar such parties. Such third parties assist us with general research and analysis regarding how we market or provide any services to our visitors, or in order to improve upon some aspect of the Services or our business practices. We may also share this information with third-party website and SEO consultants to assist us in better understanding user interaction and user activities on our Website or in order to help improve the functionality of this Website, accessibility, search engine visibility or general operation of this Website or to analyze some other aspect of our web traffic. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us to use or disclose this information in any manner other than as necessary to provide the applicable services or responsibilities to us. Any such Use Information we share shall be aggregated, non- personally identifiable information.

Required Disclosures

We may disclose certain Identity information if: i) requested via a subpoena, court order, or local, state, federal or international law enforcement request to release any such information; or ii) in order to investigate and help prevent security threats, fraud or other malicious activity; or iii) to protect our rights or protect our property, or any or the rights of our customers or other third parties.

Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you send us an email communication, call us or send a written correspondence for any reason, we may create a file and store your email and other Identity Information specific to you. We generally will maintain a record and keep notes of all communications with you. All messages transmitted by you on this Website or to us shall not be treated as confidential and shall be deemed to be accessible to the general public. You should not transmit any communications or correspondences to us that you intend only the intended recipient(s) read. Notice is hereby given that all messages or electronic data transmitted onto this Website can and may be read by us, regardless of whether we are the intended recipient of any such message(s).

External Links Disclaimer

We do not control any third party websites linked to this Website or their privacy practices, which may differ substantially from our practices. Any Identity Information or any other information you choose to provide to such third party websites and/or collected by these websites is not covered by or under this Policy and we make no assurances or promises to you regarding the manner in which these third party websites will use or disclose any information you provide or otherwise collected. You agree that we shall not be liable to you under any circumstances for any damages of any kind whatsoever that you may incur due to the privacy and/or communication practices of any third party website you access through this Website. You should review the privacy policy of any third party website before registering with or submitting your Identity information or any other information on such websites.

Third-Party Advertisements Disclaimer

You may be given the opportunity through this Website to purchase or obtain more information regarding certain content, products or services that are sold by our registered users by clicking on any third party links contained on this Website. By submitting any requested information on any other website through any link you click on this Website, you affirmatively consent to have that information shared with these third parties. Any information used by any third party including any of our registered Ad Users may be subject to a different set of practices than those described under this Policy and we are not responsible for the privacy practices of any of our Ad Users or any other third-parties. You should read the privacy policy contained on the website of any third party before you provide any information to that party, including our Ad users. You agree that we shall not, under any circumstances, have any liability to you for any damages of any kind whatsoever for the manner in which any of our Ad User or any other third parties use or disclose any personal, billing or other information you provide voluntarily, or that is collected by those websites, through your access or use of this Website.

Social Media

We may now or in the future provide access to services or features on our Website that enables you to share information with certain social networks and interact with us on our Facebook fan page, Twitter page or other social media platform we may use, such as the Facebook Like button or Facebook widgets, the Share this button, etc. These features or widgets may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Your use of these features may result in the collection or sharing of information about you by these social media websites. You should carefully review the privacy policies and settings on those specific social media sites. We shall under no circumstances have any liability to you for the information collection practices of these third party social media websites. Social media features and widgets are either hosted by a third party or hosted directly on our Website.

How We Protect Your Information

We have reasonable and customary industry standard security measures in place protecting all Information you provide through this Website. We make no guarantee, warranty or representation that any information you provide through this Website will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.

We also use reasonable and customary security measures through the Website host provider in order to protect against the loss, misuse or alteration of any Identity Information or any other information in database storage including the following specific measures: i) passwords on the Website are one-way encrypted before being stored in our database. (We do not store any unencrypted passwords in our database); ii) all form data is filtered to prevent XSS scripting and injection attacks; iii) before starting a session, we check each visitor’s IP address against a list of US-based IP ranges. The reason for this is to make sure our Website is accessible to only domestic users (though it is understood that through proxy servers a foreign IP address can be “faked” as domestic); iv) we check that each visitor’s IP address is not on a publicly available “black list” of IP addresses associated with malicious intent; v) cPHulk Brute Force Protection is enabled on our server; vi) we block any account and/or IP address after more than a certain number of log-in errors occurring in a short time span; and finally vii) database back-ups and malware scanning will be performed occasionally.

General Information

Information Storage & International Transfer

Any Identity information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the collection, transfer, storage and processing of Identity Information or any other information from your country to the United States.

Changes to this Policy

If we decide at any time to change this Policy, we will revise the effective revision date posted at the top of this Policy. If we make significant changes to this Policy, We will also notify you by other means, such as sending an email to you and/or posting a notice somewhere prominently on our home page and/or notifying you the next time you access this Website. Your continued use of our Website after your receipt of any notice of any changes by us shall be deemed to be your assent to any such changes.

How to Update, Change or Remove Your Information

If you would like to request any changes or updates to any Identity Information you have provided to us, or if you would like to view any information we have collected from your use of this Website, please contact us and request the same by sending an email to: tahj@aurora.buzz. Please include the words “Personal Information Request. If you make any information requests, we will require that you provide proof of your identity, which may include providing us with a copy of a driver’s license, social security card and/or birth certificate. We also reserve the right to require that you sign and provide us with a notarized affidavit verifying your identity before we update or release any information to you.

Successors

Upon any acquisition, merger, sale or other change of control of our business/organization, we reserve the right to transfer any Identity information you have submitted to this Website as part of the property owned by us to our successor resulting from such merger, acquisition, sale, etc. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We reserve the right to transfer your Identity Information to protect any of the our rights or as required by law.