By using this Website, you agree to be bound by these Terms and Conditions of Use and by our Privacy Policy.
We reserve the right to restrict or terminate your access to this Website at any time. If you wish to register and become a member of the our community, you must complete the registration truthfully, and you must update any changes promptly. For example, you may not enter a false name, nor may you say you are 13 or older if you under the age of 13. If you are under 13, you are prohibited from registering, and you should not attempt to do so.
We can establish and modify at any general practices and limits concerning your use of the Website at any time. For example, we may limit the time that posting are kept.
You are fully responsible for any content that you provide or create. As a member of a community, you are required to refrain from supplying any content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Because we cannot control what content others supply, we are not responsible for any offensive, indecent, inaccurate, misleading or otherwise objectionable content that you may view on the Website, nor are we responsible for the accuracy of any content that you may view.. You must evaluate all content on your own, and you bear all risks associated with its use.
The Website may contain links to third party resources. We do not control those resources and cannot be responsible for anything contained in those resources.
You may not provide any content in violation of copyright law, and we may, at any time, block access to or remove material that we believe to be copyrighted material that has been illegally copied.
If you believe that any content on the Website infringes your copyright, please send a notice of copyright infringement to us at legal@openhill.com or via mail c/o Openhill, 450 N. Leavitt, Chicago, IL 60612. The notice should contain a valid signature of an authorized person, a statement that a copyright has been infringed, identification of the infringing material, its location on the Website, accurate contact information, a statement that the authorized person has a good faith belief that the material is not authorized by the copyright owner, a statement made under penalty of perjury that the information provided is accurate and the complaint has been authorized by or on behalf of the copyright owner.
If we receive adequate notification from a copyright holder, we may remove or disable access to the infringing material, notify whoever provided the infringing content that we has removed or disabled access to it; and terminate repeat offenders from the Website.
If you receive a notice and believe that your content is either not infringing or that you have the right to post it, you may send a counter-notice to Openhill, 450 N. Leavitt, Chicago, IL 60612 containing your valid signature, identification of the material that has been removed or to which access to has been disabled, its previous location, a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and your contact information, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the provider of the content in the court in which you consent to jurisdiction, the removed material may be replaced or access to it restored in ten to fourteen business days or more after receipt of the counter-notice, at our discretion.
Should the need arise, please contact us via email at: info@openhill.com
We have a Privacy Policy to explain to you how information is collected and used within the Website. The policy is located at www.openhill.com/privacypolicy. Your use of the Website signifies acknowledgment of and agreement to our Privacy Policy, as we may amend it from time to time.
You agree not to post or otherwise make available on the Website any content that:
1. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, promotes or encourages illegal activity or is harmful to minors in any way;
2. is pornographic or depicts sexual conduct;
3. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. violates federal, state or local laws;
5. impersonates any person or entity or falsely states or otherwise misrepresents your identity or affiliation with a person or entity;
6. is false, deceptive, misleading, deceitful;
7. infringes, misappropriates or violates any patent, trademark, trade secret, copyright, other intellectual property, publicity, proprietary or other rights of any person or entity, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
9. constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to users of the Website who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
10. advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
11. contains software viruses, worms, defects, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
12. by virtue of its volume, imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, or that otherwise negatively affects other users' ability to use the Website; or
13. employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of your content.
Additionally, you agree not to:
(a) contact anyone who has asked not to be contacted;
(b) "stalk" or otherwise harass anyone;
(c) collect personal data about other users for commercial or unlawful purposes;
(d) use automated means, including spiders, robots, crawlers, data mining tools or the like to download, retrieve or index any data from the Website, unless we expressly permitted it;
(e) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, interferes with the performance of or impairs the functionality of, the Website;
(f) with exception to your content, modify, adapt, translate or reverse engineer any portion of the Service;
(g) remove any copyright, trademark or other proprietary rights notices contained on the Website;
(h) reformat or frame any portion of the web pages that are part of the Website;
(i) create user accounts by automated means or under false or fraudulent pretenses;
(j) create or transmit unwanted electronic communications to other users of the Website; or otherwise interfere with other users' enjoyment of the Website;
(k) submit anyone else's content to the Website without consent;
(l) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; or
(m) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law.
By posting or otherwise making available content on the Website, you agree to and hereby do grant an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such content and to prepare derivative works of, or incorporate into other works, such content.
Except for content that you and others submit, we own the Website and all aspects thereof, including all copyrights, trademarks and other intellectual property or proprietary rights therein. You agree that your use of the service is entirely at your own risk.
We are providing this Website on an "as is" and an "as available" basis. We make no representations or warranties of any kind, express, statutory or implied as to the operation of the Website or the content available on the Website. We disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Without limiting any of the foregoing, we do not warrant the accuracy or completeness of the content, information, text, graphics, links or other items available within the Website. We are not responsible for the conduct of any user of the Website.
We will not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to loss of information or data, or loss of profits resulting from any aspect of your use of the Website, even if we have been advised of the possibility of such damages.
You agree to indemnify and hold us, our employees, our affiliates, our agents, our successors, assigns, directors, officers, service providers and suppliers, harmless from any claim or demand, including reasonable attorney fees and costs, made by any third party due to or arising out of (i) the content you submit, post or make available through the Website, (ii) your use of the Website, (iii) your breach or violation of these Terms and Conditions of Use, (iv) your infringement or violation of any intellectual property or other right of any person or entity.
These Terms and Conditions of Use and the relationship between you and us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located within the County of Cook, Illinois.
Please report any violations of these Terms and Conditions of Use by using the Contact link at the top of this website.
The effective date of these Terms and Conditions of Use is January 1, 2009. We reserve the right to change, modify or otherwise alter our policies at any time, including these Terms and Conditions of Use.
