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The following User Agreement ("Agreement") governs the use of The Daily Journal Online, including participation in its discussion and chat forums. Please read the rules contained in this Agreement carefully. You can access this Agreement at any time from http://www.daily-journal.com/tos.html. You may print a copy of this Agreement using the print button or feature in your browser. You should retain a copy for your future reference.
By using The Daily Journal Online, (i) you agree to be bound by the terms and conditions of this Agreement and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding and (ii) you represent and warrant that you will use The Daily Journal Online in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, as they may be amended by The Daily Journal Online, online or otherwise, from time to time ; notice of revisions to this Agreement will be announced on this page. Continued access of The Daily Journal Online by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use The Daily Journal Online.
The Daily Journal Online is intended to provide a forum for a robust and free-flowing exchange of information, opinions and comments. Since The Daily Journal Online is designed to provide an enjoyable and informative experience for all participants, you agree to abide by certain rules regarding your participation.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in The Daily Journal Online, may result in termination of your access to The Daily Journal Online, without notice, in addition to other remedies by The Daily Journal Online.
Rules of Usage
Comments by users are not endorsed by The Daily Journal Online
The Daily Journal Online does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on discussion and chat forums or otherwise contained in The Daily Journal Online. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and do not necessarily represent the views of The Daily Journal Online.
Use of The Daily Journal Online by you:
- Your right to use The Daily Journal Online is personal to you -- you may not authorize others to use The Daily Journal Online, and you are responsible for all use of The Daily Journal Online.
- You agree not to use any obscene, indecent, or offensive language or to place on The Daily Journal Online any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on The Daily Journal Online any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use The Daily Journal Online only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. The Daily Journal Online will be the sole judge of what material is considered unsuitable.
- You are responsible for ensuring that any material you provide to The Daily Journal Online or post on discussion and chat forums, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
- Material on The Daily Journal Online is for your personal use only. The Daily Journal Online contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through The Daily Journal Online, except as permitted by the Copyright Act or other law or the expressed written permission of The Daily Journal Online.
- You agree not to disrupt or interfere with The Daily Journal Online, nor to alter or tamper with any information or materials on or associated with The Daily Journal Online.
- You acknowledge that The Daily Journal Online has not reviewed the content of all sites linked to from The Daily Journal Online and is not responsible for the content or actions of any other sites linked to from The Daily Journal Online and does not endorse them. Your linking to any service or site is at your sole risk.
Use of material supplied by you:
The Daily Journal Online does not collect personally identifiable information about individuals except when specifically and knowingly provided by such individuals. A user's personally identifiable information may be used by The Daily Journal Online and its affiliates for editorial purposes. The Daily Journal Online may also use such information for marketing and promotional purposes. We may share your personally identifiable information with other companies with which we conduct business. For example, if you choose to purchase items through our e-commerce site, we will forward your information to third parties for credit card processing and order fulfillment. While The Daily Journal Online will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it was provided, The Daily Journal Online does not bear any responsibility for any actions or policies of any third parties. For further clarification regarding the use of information gathered on this site please refer to our Privacy Statement. Privacy Statement
Copyright complaints
The Daily Journal Online respects the intellectual property of others, and we ask our users to do the same. The Daily Journal Online may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the The Daily Journal Online service in a way that constitutes copyright infringement, or that The Daily Journal Online contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify The Daily Journal Online by providing The Daily Journal Online information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512.
By mail:
The Daily Journal Online
Attn: Copyright
8 S. Dearborn Square
Kankakee, IL 60901
By phone : (815) 937-3332
By fax : (815) 935-4638
By email : webmaster@daily-journal.com
Materials posted by others:
You agree that The Daily Journal Online is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material. Subject to our privacy policy, any communications or material of any kind that you e-mail, post to discussion forums, or transmit through The Daily Journal Online, including, questions, comments, suggestions, and other data and information (your “Communications”) will be treated as non-confidential and non-proprietary. You grant The Daily Journal Online a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on The Daily Journal Online or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.
Indemnification:
You agree to indemnify and defend The Daily Journal Online and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys' fees) which may arise from your submissions, from your unauthorized use of material obtained through The Daily Journal Online, or from your breach of this Agreement, or from any such acts through your use of The Daily Journal Online.
Review and deletions:
The Daily Journal Online reserves the right, but undertakes no duty, to review and delete any material provided for display or placed on The Daily Journal Online or its discussion and chat forums, in its sole discretion, without notice. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on The Daily Journal Online. Unauthorized use of The Daily Journal Online may result in criminal or civil prosecution, in addition to any other available remedies.
Disclaimer of warranty and limitation of liability:
YOU ACKNOWLEDGE THAT YOU ARE USING THE DAILY JOURNAL ONLINE AT YOUR OWN RISK. THE DAILY JOURNAL ONLINE IS PROVIDED "AS IS" AND “AS-AVAILABLE,” ANDTHE DAILY JOURNAL ONLINE AND ITS AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE DAILY JOURNAL ONLINE AND ITS AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE DAILY JOURNAL ONLINE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE DAILY JOURNAL ONLINE.
THE DAILY JOURNAL ONLINE IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DAILY JOURNAL ONLINE, IF ANY, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR EMAIL VIRUSES.
THE DAILY JOURNAL ONLINE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS THE DAILY JOURNAL ONLINE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE DAILY JOURNAL ONLINE, YOUR USE OF OR RELIANCE ON THE DAILY JOURNAL ONLINE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE DAILY JOURNAL ONLINE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Termination:
The Daily Journal Online has the right to terminate your ability to access The Daily Journal Online, for any reason, without notice.
Jurisdiction:
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Illinois applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Illinois. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Entire agreement:
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or verbal; provided, however, that you will also be subject to any additional or modified terms and conditions which are made available by The Daily Journal Online and to which you manifest your consent by continued use of The Daily Journal Online.
If you do not agree to the terms contained in this Agreement, please exit The Daily Journal Online.
All rights reserved.
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