Articles

Terms of Service

Published Tuesday, October 21, 2008

General

The Site of Big Shoulders Web site at http://sobs.org (the "Service") is owned and operated by The Site of Big Shoulders Inc. and contains material that is protected by international copyright, trademark and other intellectual property laws.  Unless otherwise specified, the Service is intended for your personal, noncommercial use only.  You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service.  You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.  As part of our Service, The Site of Big Shoulders agrees to provide you with information, content and other computer services subject to these Terms of Service.  You agree to use the Service in accordance with these Terms of Service.  Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service.  Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website.  By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.

Please note that this Service is intended for audiences 18 years of age or older due to the presence of adult themes in some art, literature, photography and other media.  By accessing this Web site, you warrant that you are at least 18 years of age and have the legal right to possess such material in your community; that you do not find such material to be offensive or objectionable; that you understand the standards and laws of the community, site and computers to which you transport this material; and that you are solely responsible for your actions.

Privacy

The following privacy policy governs our online collection of information from you.  This privacy policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means; for example, at a live event, via telephone, or through the mail.  We may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of the Service.  We also collect and store information that is generated automatically as users navigate online through the Service.

Please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through e-mail, or in chat areas, that information can be collected and used by others besides The Site of Big Shoulders.  The Site of Big Shoulders cannot be responsible for any unauthorized third party use of information that you disclose online.

We may use "cookies" in a limited way to help deliver content, to identify unique browsers that visit us, to track usage throughout our site, or for other purposes.  We also make some content, products and services available through our Service through cooperative relationships with third party providers.  The privacy policy of our provider partners may differ from ours.  If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider directly for more information.

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of our Services, the public, or The Site of Big Shoulders.

Children's Privacy Statement for The Site of Big Shoulders

This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of eighteen, and provides important information on your rights under federal law with respect to such information.

  • We do NOT knowingly collect personally identifiable information from children under the age of eighteen as part of the Service.  We screen users who wish to provide personal information in order to prevent users under the age of eighteen from providing such information.  If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen as part of the Service, we will delete such information from our records.
     
  • Because we do not collect any personally identifiable information from children under the age of eighteen as part of the Service, we also do NOT knowingly distribute such information to third parties.
     
  • We do NOT knowingly allow children under the age of eighteen to access the Service, or publicly post or otherwise distribute personally identifiable contact information through the Service.

Questions on Privacy

If you have any questions about the children's privacy statement, the privacy practices of The Site of Big Shoulders, or your dealings with The Site of Big Shoulders, you can contact This email address is being protected from spambots. You need JavaScript enabled to view it..

Interactive Features

This Service may include a variety of features, such as bulletin boards, chat rooms, and e-mail services, that allow feedback to The Site of Big Shoulders and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user — you alone are responsible for the material you post.  The Site of Big Shoulders does not control the messages, information or files that others may provide through the Service.  It is a condition of your use of the Service that you do not:

  • Restrict or inhibit any other user from using and enjoying the Service.
     
  • Use the Service to post or transmit any unlawful, threatening, abusive, libelous or defamatory information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
     
  • Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
     
  • Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
     
  • Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of The Site of Big Shoulders.
     
  • Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.

You understand that The Site of Big Shoulders has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, The Site of Big Shoulders reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in The Site of Big Shoulders's sole discretion are objectionable or in violation of these Terms of Service.

License to The Site of Big Shoulders

By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material.  In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting The Site of Big Shoulders a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication within the Internet domain sobs.org.  The foregoing grant shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Disclaimers

This Service may include links and pointers to Internet sites, content and services provided by third parties.  The Site of Big Shoulders' linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.  In addition, neither The Site of Big Shoulders nor its affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by The Site of Big Shoulders.  The materials, information, products and services offered on or through the Service and any third-party sites are provided "as is" and without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, The Site of Big Shoulders disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  The Site of Big Shoulders does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

The Site of Big Shoulders does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.  You (and not The Site of Big Shoulders) assume the entire cost of all necessary maintenance, repair or correction.

The Service is provided for informational purposes only, and is not intended for commercial use. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall The Site of Big Shoulders, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, The Site of Big Shoulders materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if The Site of Big Shoulders is advised beforehand of the possibility of such damages.  (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of The Site of Big Shoulders, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.)  You specifically acknowledge and agree that The Site of Big Shoulders is not liable for any defamatory, offensive or illegal conduct of any user.  If you are dissatisfied with any The Site of Big Shoulders materials, products, or services, or with any of The Site of Big Shoulders' terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Hyperlinking

You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by The Site of Big Shoulders.  However, you may not, without the prior written permission of The Site of Big Shoulders, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of The Site of Big Shoulders, its affiliate companies or its licensors.

Use of Company Directories

The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will The Site of Big Shoulders or its suppliers be liable in any way with regard to such information.

Registration and Passwords

To use certain features of the Service, you must register with The Site of Big Shoulders on the form provided and set up a username and password through the Service's registration process.  You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.  You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.  The Site of Big Shoulders cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination

The Site of Big Shoulders may cancel or terminate your right to use the Service or any part of the Service at any time without notice.  In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination.  The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between The Site of Big Shoulders and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.  You also may be subject to additional terms and conditions that may apply when you use the services of a third party that are provided through the Service.  In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern.  This agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles or conflicts of law.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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