Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CHICAGOPARKDISTRICT.COM (the "Site")

Your use of the Site is subject to the following Terms of Use (including the Privacy Policy). If you do not agree with these Terms of Use, please do not use the Site. Your use of the Site indicates your acceptance of these Terms of Use. If we make any material changes to these Terms of Use, those changes will be posted here so that you are always aware of our Terms of Use. Since these Terms of Use may change from time to time, you should check back periodically. Your continued use of the Sites following the posting of changes to the Terms of Use indicates your acceptance of such changes.

Ownership of Intellectual Property and Restrictions on Use

All materials published on the Site, including, but not limited to, images, logos, statistics, information relating to events, all site software, design, text, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and trademarks, service marks, trade names and any other intellectual property related to any other entity linked to the Site (collectively the "Content") is the property of the Chicago Park District and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Use of the trademarks displayed on the Site is strictly prohibited. You may download material displayed on the Site to any single computer for your personal, noncommercial use only, provided that you do not remove any trademarks, copyright or any other notice contained in such Content. No Content from the Site may be copied, publicly displayed, reproduced, uploaded, downloaded, transmitted or otherwise used other than as set forth in these Terms of Use. You shall not archive or retain any Content in any form without written permission from the Chicago Park District. You may not distribute (including via email or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission of the Chicago Park District. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Indemnification

You agree to indemnify, defend and hold harmless, the Chicago Park District and their respective affiliates, as well as each of their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against all claims, losses, expenses, liabilities, damages and costs, including attorneys' fees, arising out of or relating to (i) any violation of this agreement by you and (ii) the use of the Site by you. The Chicago Park District reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses.

Disclaimer and Limitation of Liability

You hereby agree not to hold The Chicago Park District their affiliates, and their respective officers, directors, employees, agents, licensors and representatives liable for any service(s) delivered which originated through the Site or was otherwise provided by someone affiliated with the Site and you hereby release all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

THE MATERIALS IN THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE CHICAGO PARK DISTRICT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CHICAGO PARK DISTRICT DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT THE CHICAGO PARK DISTRICT AND THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE CHICAGO PARK DISTRICT OR THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

Miscellaneous

These Terms of Use (the "Agreement") embody the entire agreement between any user of the Site, on the one hand, and the Chicago Park District on the other hand (each, a "Party,"; collectively, the "Parties") and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. These Terms of Use will become effective immediately upon any use of this Site by the user and shall remain effective unless terminated by either party as provided hereunder. Any Party may terminate this Agreement by providing the others with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. The Chicago Park District may terminate this Agreement immediately without notice for any breach by the user of the Terms of Use, the Agreement or any applicable policy of the Chicago Park District as posted on the Site from time to time. Furthermore, the Chicago Park District may terminate this Agreement without notice to the user by terminating the rights of the user to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property and Restrictions on Use; Indemnification; Disclaimer and Limitation of Liability; Copyright Notice. If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. The Terms of Use and the Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Illinois applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and the sole forum for any court action shall be in Cook County, Illinois. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms of Use shall be construed as making any Party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. No Party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other Parties except as provided for herein or authorized in writing by the Party to be bound. Copyright Notice. The Chicago Park District Copyright Notices located on the Site shall govern the use of the intellectual property of third parties on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using the Site

Last Updated: Thursday, October 27, 2011 11:41:10 AM