Terms of Use
Welcome to the Navy Pier web site of Navy Pier, Inc. (“NPI”). These Terms of Use provide general information about NPI and its products and services as they relate to navypier.com. These Terms of Use apply only to the Navy Pier web site, located at www.navypier.com (the “Web Site”), and not to any other web sites owned or operated by NPI.
All users of the Web Site are subject to the following terms and conditions of use (these “Terms of Use”). Please read these Terms of Use carefully before accessing or using any part of the Web Site. By accessing or using the Web Site, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, as well as the Navy Pier Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of the Web Site. NPI may revise and update these Terms of Use at any time without notice by posting the amended terms to the Web Site. Your continued use of the Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site
1. USE OF THE WEB SITE
You agree to use the Web Site only for lawful purposes.
(a) You agree not to do any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way that affects the ability of other people to engage in real time activities via the Web Site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site; (10) post “spam,” transmit chain letters, or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to this site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by NPI, may harm NPI or users of the Web Site or expose them to liability.
(b) To access the Web Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Web Site that all the information you provide on the Web Site will be correct, current, and complete.
(c) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.
2. TERMINATION OR RESTRICTION OF ACCESS
NPI reserves the right, in its sole discretion, to terminate your access to any or all of the
Web Site and the related services or any portion thereof at any time, without notice.
3. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of the Web Site (including all information, software, text, displays, images and audio) and the design, selection, and arrangement thereof, are proprietary to NPI or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized to use the content on the Web Site only for personal use or legitimate business purposes related to your role as a current or prospective customer or supplier of NPI. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on the Web Site without the prior written consent of NPI, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. All content presented on the Web Site is wholly owned by NPI or its licensees and no rights or title are transferred to you. Except as expressly authorized by NPI in writing, you may not reproduce, sell, or exploit for any commercial purposes (a) any part of the Web Site, (b) access to the Web Site or (c) use of the Web Site or of any services or materials available through the Web Site.
You may not (and may not authorize any party to) (i) co-brand the Web Site, or (ii) frame the Web Site, or (iii) hyperlink to the Web Site, without the express prior written permission of an authorized representative of NPI. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site. You agree to cooperate with NPI in causing any unauthorized co-branding, framing or hyperlinking immediately to cease. In addition, you may not use the Web Site in any manner which could disable, overburden, damage, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Web Site.
4. TRADEMARKS AND PROPRIETARY INFORMATION
NPI name, logos, and all related names, logos, product and service names, designs, slogans, and trademarks, including, but not limited to NAVY PIER®, NAVY PIER CHICAGO®, NAVY PIER Design® and WINTER WONDERFEST® are owned by NPI. Please note that NPI owns many other trademarks in addition to those specifically listed above. All other names, brands, and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. NPI, and any party that provided trademarks, service marks, and logos to NPI, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on the Web Site.
The material and content accessible from the Web Site, and any other web sites owned, operated, licensed, or otherwise controlled by NPI (the “Content”) is the proprietary information of NPI or the party that provided or licensed the Content to NPI, and NPI or such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NPI, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates NPI’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Web Site. The Web Site is: Copyright © 2011, NPI. All rights reserved.
5. ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider, or other automatic device, process or means to access the Web Site, (b) use any manual process to monitor or copy any of the material on the Web Site or for any other purpose without the prior written consent of NPI, (c) use any device, software, or routine that interferes with the proper working of the Web Site, (d) attempt to interfere with the proper working of the Web Site, or (e) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure.
6. DEALINGS WITH OTHER MERCHANTS, THIRD PARTIES
If you choose to correspond, participate in a promotion, or engage in transactions with any merchant or other third party found on or through the Web Site, you acknowledge and agree that NPI is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that NPI will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Web Site.
The Web Site may be hyperlinked to other sites which are not maintained by, or related to, the NPI. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site or NPI. NPI is not responsible for the content of those third party sites. NPI is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Moreover, NPI is not responsible for and does not endorse the content, products, services, or practices of any third party web sites, including, without limitation, sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content, or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
7. DISCLAIMER
You understand that NPI cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. NPI does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NPI.
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NPI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NPI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NPI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NPI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NPI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE OR ITS CONTENT. NPI MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in the Web Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Web Site, and NPI does not undertake any obligation to update such information after it is posted or to remove such information from the Web Site if it is not, or is no longer accurate or complete.
8. LIMITATION OF LIABILITY
NPI does not assume any liability for the materials, information, and opinions provided on, or available through, the Web Site (the “Web Site Content”). Reliance on the Web Site Content is solely at your own risk. NPI disclaims any liability for injury or damages resulting from the use of any Web Site Content.
IN NO EVENT WILL NPI BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE WEB SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES, OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE WEB SITE CONTENT, OR SERVICES DELIVERED VIA THE WEB SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY NPI AND WHETHER OR NOT NPI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IF THE EVENT THE DISCLAIMER ABOVE IS FOUND UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE COLLECTIVE LIABILITY OF NPI AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NPI FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. THIS DISCLAIMER MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THUS MAY NOT APPLY TO YOU.
9. INDEMNIFICATION
You agree to indemnify and hold harmless NPI and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors, and others involved in the Web Site or the delivery of products, services, or information over the Web Site (collectively, the “Indemnified Parties”), from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site.
10. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY
NPI’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Privacy Policy, which is incorporated by reference into these Terms of Use. NPI is committed to protecting the safety and wellbeing of children, and to ensure that our data collection practices conform to all applicable laws, including the Children’s Online Privacy Protection Act (COPPA). Please read our Privacy Policy for more information.
Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password (if any). If you use a password that NPI considers insecure, NPI may require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NPI reserves the right, but does not have the obligation, to release your details to system administrators at other sites in order to assist them in resolving security incidents. NPI reserves the right to investigate suspected violations of these Terms of Use.
NPI reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing NPI to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that may violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NPI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NPI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NPI OR LAW ENFORCEMENT AUTHORITIES.
11. COMMENTS AND SUBMISSIONS
NPI welcomes your comments. All comments, suggestions, or other information sent by you to any of the Web Site for internal use by NPI or its advertisers or business partners, whether in response to solicitations or otherwise, on or through the Web Site will become NPI’s property and you agree that all intellectual property rights therein are transferred to NPI. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non-confidential for all purposes.
You hereby grant to NPI the royalty-free, perpetual, irrevocable, worldwide, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NPI through the Web Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. NPI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NPI operations. By making a Submission, you represent that you own all rights in the Submission and/or have the right to grant NPI all rights in the Submission. NPI will treat any personal information that you submit through the Web Site in accordance with its Privacy Policy.
12. COMPLIANCE
The owner of the Web Site is based in the State of Illinois, USA. NPI makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.
13. MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Chicago, Illinois. You agree to submit to the jurisdiction of such courts.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and NPI with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. If the unenforceable part cannot be construed, the other provisions of these Terms of Use shall remain in full force and effect. NPI’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and NPI nor any trade practices shall be deemed to modify these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NPI as a result of this agreement or use of this Web Site.