IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to be bound by all the terms set forth below, do not use this web site.

This "Web Site" is sponsored and hosted by Digital Chicago, Inc. Click here for a list of the Web Sites governed by Digital Chicago's Privacy Policy and Terms of Use (collectively, "Digital Chicago" or "we" or "us"). Your use of this Web Site is subject to the following terms and conditions of use (the "Terms"). You agree to these Terms by accessing this Web Site and/or by accepting any information from this Web Site. Digital Chicago reserves the right in its sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Web Site after the posting of any change in the Terms shall constitute your acceptance to be bound by any such changes. Please also review the terms of the Web Site's Privacy Policy.

The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. This Web Site and all information it contains are provided "AS IS." By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Digital Chicago may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

Intellectual Property Information and Restrictions

This Web Site and all of the information it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Content") are owned by Digital Chicago or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in or on such Content. Unless otherwise expressly authorized in these Terms or on the Web Site, you may not modify, frame, reproduce, sell, publish, perform, reuse, repost and/or display any portion of the Content. In addition, you may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web Site, nor insert any code or product or manipulate the Content in any way that affects any user's experience. Other than as set forth herein, nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content displayed on the Web Site in any manner without the prior written consent of Digital Chicago or such third party that may own the Content displayed on the Web Site. ANY UNAUTHORIZED USE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Unless your use of the Content is otherwise authorized in accordance with these Terms, requests to use the Content should be directed to jwcary@suntimes.com.

Copyrights and Copyright Agents

We respect the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. Our copyright Agent is Linda A. Loye, who may be reached by telephone at (312) 321-3136 or by email at loye@hollinger.com.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Digital Chicago's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Web Site;
4. your address, telephone number and email address;
5. 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;
6. 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.

Associated Press Content Restrictions

Associated Press ("AP") text, photo, graphic, audio and/or video material ("AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

Disclaimers/Limitations on Liability/Indemnity

Digital Chicago and its parent company (ies) and its and their subsidiaries, divisions, affiliates, directors, officers, partners, agents, and assigns (the "Digital Chicago Affiliates") make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Web Site and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Digital Chicago or the Digital Chicago Affiliates.

The Internet may be subject to breaches of security. Digital Chicago and the Digital Chicago Affiliates are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the Web Site, Digital Chicago or the Digital Chicago Affiliates any information. Digital Chicago and the Digital Chicago Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

DIGITAL CHICAGO AND THE DIGITAL CHICAGO AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEB SITE, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED THEREON.

YOU AGREE THAT DIGITAL CHICAGO AND THE DIGITAL CHICAGO AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF DIGITAL CHICAGO OR THE DIGITAL CHICAGO AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER DIGITAL CHICAGO NOR THE DIGITAL CHICAGO AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL DIGITAL CHICAGO OR THE DIGITAL CHICAGO AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DIGITAL CHICAGO OR THE DIGITAL CHICAGO AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DIGITAL CHICAGO AND THE DIGITAL CHICAGO AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE(INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF YOUR REPRESENTATIONS; (B) YOUR VIOLATION OF THESE TERMS OR ANY LAW; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE CONTENT IN VIOLATION OF THESE TERMS; (D) DIGITAL CHICAGO'S AND/OR THE DIGITAL CHICAGO AFFILIATE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND/OR (F) ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DIGITAL CHICAGO'S DEFENSE OF ANY CLAIM. DIGITAL CHICAGO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DIGITAL CHICAGO.

Your Use Of The Web Site/Information You Submit

As a user of the Web Site, you agree not to use the Content for any unlawful purposes and not to violate Digital Chicago's rights or the rights of others, including, by, without authorization, creating any derivative works based on the Content. Digital Chicago reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Web Site and/or Digital Chicago for any reason, including a determination by Digital Chicago, in Digital Chicago's sole discretion, that such content, is abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, or otherwise violates these Terms. Without in any way limiting our right to remove or edit content, when using the Web Site, you are prohibited from:

(i) violating any law
(ii) violating any right of Digital Chicago or any third party;
(iii) posting material that is abusive, obscene, profane, vulgar, defamatory, threatening or hateful;
(iv) posting material that is false or misleading;
(v) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or posting material that unfairly interferes with any third party's uninterrupted use and enjoyment of the Web Site;
(vi) posting material that advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; and/or
(vii) using or attempting to use another's information, account, password, service or system except as expressly permitted. (collectively, "Non-Approved Content").

Please note that the Web Site does not accept unsolicited materials or ideas for use or publication. The Web Site is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Web Site or Digital Chicago. In addition, you agree that, subject only to our Privacy Policy: (i) transmitting, submitting and/or posting any communication or material to the Web Site, Digital Chicago and/or the Digital Chicago Affiliates by electronic mail, in user forums, bulletin boards, chat rooms or otherwise, including submitting any data, questions, comments, suggestions, personally identifying information or the like is, and will be treated as, non-confidential and non-proprietary; (ii) anything you transmit, submit and/or post to the Web Site, Digital Chicago and/or the Digital Chicago Affiliates may be modified, altered, displayed, archived, stored, distributed, reproduced, disclosed, transmitted, published, broadcast and/or posted in any form, media, software or technology of any kind now known or developed in the future for any purposes; and (iii) Digital Chicago is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Web Site, Digital Chicago and/or the Digital Chicago Affiliates, for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. You waive any moral rights you may have in any such material you submit, even if such material is altered or changed in a manner not agreeable to you. By submitting materials to this Web Site, Digital Chicago and/or the Digital Chicago Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to the Web Site, Digital Chicago and/or the Digital Chicago Affiliates shall be the sole property of Digital Chicago and will not be returned.

User Forums

Any Web Site user forums, bulletin boards, chat rooms or other interactive areas ("User Forums") are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Digital Chicago does not endorse the content in such User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site.

Digital Chicago does not and cannot review every message posted by users in User Forums and is not responsible for the content of these messages. Digital Chicago reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by you to the Web Site and/or Digital Chicago for any reason, including a determination by Digital Chicago, in Digital Chicago's sole discretion, that such content contains Non-Approved Content or violates any Digital Chicago Terms of Use. In addition, Digital Chicago may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Digital Chicago or to protect the safety of our users or the public. Without limiting the generality of the foregoing, you authorize Digital Chicago to include the information you provide in a searchable format that may be accessed by users of the Web Site. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Linking Policy

If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Digital Chicago names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with Digital Chicago. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site. Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way. Digital Chicago reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms. Neither Digital Chicago nor the Digital Chicago Affiliates are responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Digital Chicago of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.

Third Parties

Your dealings or communications through the Web Site with any party other than Digital Chicago are solely between you and that third party. Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services. Third-party partners and vendors may conduct these transactions. Under no circumstances will the Web Site, Digital Chicago and/or the Digital Chicago Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Membership & Registration

Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Web Site. Please note that sweepstakes, contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic limitations. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information on all registration pages.

If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. Digital Chicago reserves the right to terminate membership and/or deny access to the Web Site to any person in its sole discretion.

Fees & Payments

Digital Chicago reserves the right at any time to charge fees for access to all or portions of the Web Site. However, in no event will you be charged for access to the Web Site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account, including, without limitation, to charges for any products or services offered for sale through the Web Site by Digital Chicago or by any other company at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Web Site.

Location

Digital Chicago operates the Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Web Site or export the Content in violation of U.S. export laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Web Site must be filed in the County of Cook, City of Chicago, State of Illinois within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.

Violations Of These Terms

Digital Chicago will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Digital Chicago. Digital Chicago reserves the right to modify or discontinue this Web Site, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by Digital Chicago, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that Digital Chicago will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.

Contact Us

For questions or comments regarding these Terms and/or the Web Site please contact jwcary@suntimes.com.

These Terms were last updated on January 15, 2004.