Terms & Conditions of Service
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES
"LargeSquare.com" is an interactive social networking service operated on the world wide web of the internet, consisting of information services and content provided by LargeSquare.com, affiliates of LargeSquare.com, and other third parties. "User" means each person who establishes or accesses a connection ("account") for access to and use of LargeSquare.com.
1. Grant of Rights
LargeSquare.com grants User a non-exclusive, non-transferable, limited right to access, use and display online (internet) services provided by LargeSquare.com, including, without limitation, blog posting, photo posting, newsgroups, bulletin board or forum services, and any other services which LargeSquare.com may offer. User’s right of access and use shall be referred to in this Agreement as a “Services Account” and the online (internet) services provided by LargeSquare.com shall be collectively referred to in this Agreement as the “Services”.
2. Content
User recognizes that it is solely responsible for the content of any information it makes available by means of the Services, including, without limitation, information posted on a Web site or in e-mail, or in a forum/bulletin board/bloggin service. LargeSquare.com has the right to monitor the content which User or other users post through use of the Services, but shall have no obligation to do so. User agrees that if LargeSquare.com, in its sole discretion, deems any content made available by User to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, LargeSquare.com has the right, but not the obligation, to remove or deny access to such content. User expressly agrees that LargeSquare.com shall not be liable to it for any action LargeSquare.com takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. LargeSquare.com has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of User’s access privileges and/or deletion of the objectionable material.
3. Proprietary Materials
Material accessible to User through the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, User may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
4. Member Conduct
(a) No Prohibited Uses. User represents and warrants to LargeSquare.com that it will not transmit by means of the Services any materials of any kind which:
(ii) is abusive, hateful, inflammatory, harmful, tortious, or racially, ethnically, or otherwise objectionable;
(iii) contains libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material;
(iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(v) are exported in violation of any law, rule, or regulation governing exports from the United States;
(vi) is being used to harass, stalk, or otherwise threaten a person;
(vii) is libelous, defamatory, or invades any privacy or publicity rights of any third party;
(viii) impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity;
(ix) contains or promotes violence, drug use, illegal gambling, or other criminal activity;
(x) contains a computer virus of any kind, or any other harmful or disabling software code;
(xi) is harmful to minors; or
(xii) contains or promotes any materials or information which may violate any law, rule, regulation, ordinance, or requirement to which you or we are subject.
(b) No Violation of Law. User expressly agrees not to use the Services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. User acknowledges that prohibited conduct includes, but is not limited to, use of the Services to invade the privacy of third parties, impersonation of LargeSquare.com personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, bloggin and forum services or User’s personal profile pages. User also agrees not to use the Services to (i) violate the security of the Services; or (ii) attempt to utilize another user's account name or persona without authorization from that user.
(c) No Spam or Mass Mail. User agrees not to use the Services in connection with the sending of the same or substantially similar unsolicited electronic mail message, or forum posts and comments, whether commercial or not, to a large number of recipients. User further agrees not to send unsolicited mass mailings or forum posts and comments from another service which in any way implicates the use of the Services, LargeSquare.com equipment or any LargeSquare.com electronic mail address. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. For each violation of this provision, User agrees to pay LargeSquare.com damages to compensate for any losses it may have including the loss of goodwill, but, where warranted, such as in the case of an accidental transmission, LargeSquare.com may waive all or part of any applicable charge. Payment under this provision shall not prevent LargeSquare.com from seeking to obtain other legal remedies, including other damages or an injunction.
5. Copyright Complaints
We respect the intellectual property rights of others, and require that Users of the Sites do the same. In appropriate circumstances, we will terminate the registration of user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.
All copyright complaints, including complaints under the Digital Millennium Copyright Act, may be sent to our designated agent at:
miguel@largesquare.com
3930 Pine Grove, Suite #515
Chicago, IL 60613
Phone: 773-337-2339
6. System Resources
User acknowledges that LargeSquare.com will try within limits of reasonable business viability to provide User with unlimited storage space. User expressly agrees that LargeSquare.com shall not be liable to User or any third party for any damages resulting from any reasonable action LargeSquare.com takes to enforce this provision, including, without limitation, deleting materials from User’s storage space. User also agrees that LargeSquare.com shall not be liable to User or any third party for accidental damages to any data stored in the alloted storage space.
7. User Information
(a) Confidentiality of Passwords. User is solely responsible for maintaining the confidentiality of passwords, and agrees that LargeSquare.com will have no obligations with regard thereto.
(b) Compliance with Investigations. LargeSquare.com reserves the right to reveal any Registration Data or other information in its possession regarding User in cooperation with a request or investigation by any governmental body or governmental agency.
8. Confidentiality
User acknowledges that transmissions made by means of the Services are not confidential and that communications may be read or intercepted by others. User acknowledges that by transmitting materials by means of the Services, no confidential, fiduciary, contractually implied or other relationship is created. For more information, refer to our privacy policy.
9. Indemnity
User hereby agrees to indemnify, defend and hold harmless LargeSquare.com and its employees, licensors, independent contractors, providers, subsidiaries and affiliates and partners (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. User shall cooperate as fully as reasonably required in the defense of any claim. LargeSquare.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and User shall, in any event, not settle any matter without the written consent of LargeSquare.com.
10. Disclaimer of Warranty
THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LARGESQUARE.COM MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LARGESQUARE.COM’S NEGLIGENCE.
11. Limitation of Liability
In no event will LargeSquare.com, or any person or entity involved in creating, producing or distributing LargeSquare.com or the LargeSquare.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use LargeSquare.com.
The user hereby acknowledges that the provisions of this section shall apply to all content on LargeSquare.com. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event shall LargeSquare.com’s total liability for all damages, losses, or causes of action exceed one hundred dollars ($100.00)
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The user specifically acknowledges that LargeSquare.com is not liable for the defamatory, offensive or illegal conduct of other the users or third-parties and that the risk of injury from the foregoing rests entirely with the user.
In addition to the terms set forth above neither, LargeSquare.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within LargeSquare.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. LargeSquare.com, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, LargeSquare.com, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
In many instances, the content available through LargeSquare.com represents the opinions and judgments of the respective information provider, the user, or other user not under contract with LargeSquare.com. LargeSquare.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on LargeSquare.com by anyone other than authorized LargeSquare.com employee spokespersons while acting in their official capacities. Under no circumstances will LargeSquare.com be liable for any loss or damage caused by the user's reliance on information obtained through LargeSquare.com. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through LargeSquare.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
By publishing or submitting any content including, articles, stories, postings and photographs to any part of LargeSquare.com you give permission that such content may be used at the sole discretion of LargeSquare.com anywhere else on the site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.
12. No Transfer of Services Account
User may not transfer a Services Account to another party or entity without the prior written approval of LargeSquare.com, and any such transfer of a Service Account is subject to any limits established by LargeSquare.com.
13. Modifications to Agreement
LargeSquare.com has the right to modify this Agreement at any time. Any modification is effective immediately upon either a posting on the LargeSquare.com Home Page (http://www.LargeSquare.com), or upon notice by electronic mail, or U.S. mail. Continued use of the Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). The only right accruing with respect to User’s dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of LargeSquare.com in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of fees for Services, is to terminate Membership by delivering notice to LargeSquare.com. Such notice will be effective upon receipt by LargeSquare.com.
14. Termination of Services to User
In addition to any other rights of the parties set forth herein, User and/or LargeSquare.com may terminate this Agreement at any time. LargeSquare.com also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, (i) with respect to any breach or threatened breach of Sections 3 or 4 of this Agreement, or (ii) for any other reason, at the sole discretion of LargeSquare.com. If LargeSquare.com terminates User’s Service Account pursuant to this Section 14, LargeSquare.com reserves the right to deny access to the Services in whole or in part, including, without limitation, removing User’s profile and relevant data/posts/photos from the LargeSquare.com server, and to refuse to provide any further service following such termination.
15. Entire Agreement
This Agreement constitutes the entire agreement with respect to the Services and supersedes all prior agreements between User and LargeSquare.com. Failure by LargeSquare.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
16. Choice of Law
Interpretation and enforcement of this agreement shall be governed by the laws of the state of Illinois (excluding its choice of law rules). User consents to personal jurisdiction in the Federal and State courts of Cook County, Illinois, for any action arising out of or relating to User’s use of the Services. The Federal and State courts of Cook County, Illinois shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.
17. Severability
In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
