Welcome to TheMash.com!TheMash.com is designed and operated so you can decide the news you want
to share and read and participate in the process.That means not only will our staff writers contribute to
TheMash.com, but we want to hear from you as well.TheMash.com is a place for you to share your thoughts,
opinions, and stories – to share what is important to you. So, before we
describe our Terms of Service in more detail, we want to briefly lay out some
ground rules in simple terms.
On this Web site the golden rule applies: Treat others the way you would like
to be treated. Racial slurs, foul language, and derogatory comments should have
no place.
This is a self-policing Web site. People can and often do disagree about what
is appropriate; so, we have created a process for you if you feel something
appearing on the Web site is inappropriate. If you object to something placed
on TheMash.com, tell us. While we cannot guarantee that we will agree with
every complaint we receive, we want you to let us know. We will review your
complaint, potentially contact the person who posted the material and make a
decision on whether the post will remain. This is why we need your phone number
as part of the sign-in process. We may also want to contact you if our own
editors want to create a larger story from your contribution.
We also plan on sharing the best stories and photographs posted in a print
version of The Mash. For that reason, we need to retain the rights to the
materials you send us. If you post something on the Web site, make sure you
have the right to do so. Do not post others' work.
Terms of Service
We have developed these Terms of Service to govern your use of TheMash.com.
Your use of this Web site tells us you have read and agreed to these Terms of
Service and to our Privacy Policy. Please read both these documents carefully.
If you do not agree with any of these terms, please exit TheMash.com.
TheMash.com reserves the right to terminate any registered user account and/or
deny access to the Web site to any person who violates these Terms of Service.
Registration. If you become a registered user of TheMash.com, you accept
responsibility for all activities that occur under your account or password.
You are responsible for maintaining the confidentiality of your password and
for restricting access to your computer so others outside your household may
not access TheMash.com using your name in whole or in part without our
permission. If you believe someone has accessed TheMash.com using your user
name and password without your authorization, e-mail us immediately at the
address listed in the Contact Us section at the end of these Terms of Service.
You are responsible for all fees and charges incurred to access TheMash.com through
an Internet access provider or other third-party service.
User Content Representations and Warranties. By (a) placing material
on TheMash.com, including without limitation any communications during
registration, any Content (defined below) on or any communications to any
TheMash.com bulletin board, forum, comments page, blogspace, message or chat
area; or (b) posting text, images, audio files, audio-visual content, or any
other content, or any classified advertisement (collectively "User
Content"), you represent and warrant that: (1) you own or otherwise have
all necessary rights to the User Content you provide and the rights to use it
as provided in this Terms of Service; (2) the User Content does not violate
these Terms of Service; and (3) the User Content will not cause injury to any
person or entity. Using a name other than your own legal name is prohibited
(except in those specific areas of TheMash.com that specifically ask for
unique, fictitious names, e.g., certain message boards and chat rooms).
User Content License. For all User Content provided to or placed on TheMash.com,
you grant Chicago Tribune Company, Inc. ("CTC"), its parent,
affiliates and related entities, including without limitation TheMash.com and
its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, copy, modify, alter, display, archive, store,
distribute, reproduce and create derivative works from the User Content, in any
form, media, software or technology of any kind now existing or developed in
the future. Without limiting the generality of the previous sentence, you
authorize CTC to share the User Content across all Tribune Company affiliated
Web sites, newspapers, broadcasts, and other media platforms; to include the
User Content in a searchable format accessible by users of TheMash.com and other
Tribune Company Web sites; to place advertisements in close proximity to such
User Content; to use your name and any other information in connection with its
use of the material you provide; and to use the User Content in advertisements
and promotions for Tribune Company�s Web sites, products or services or the Web
sites, products or services of third parties with which Tribune Company, its
subsidiaries, affiliates or related entities have a relationship. You waive all
moral rights with respect to any User Content you post or otherwise make
available on TheMash.com. You also grant CTC parent, affiliates and related
entities the right to use any material, information, ideas, concepts, know-how
or techniques contained in any communication you send to us for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products using such information and/or User Content. All rights in
this paragraph are granted without the need for compensation of any sort to
you.
By posting content or otherwise providing information on TheMash.com, you do so
with the understanding no additional consideration or monetary payment of any
sort will be provided to you, and you are waiving any claim against TheMash.com
and its parent, affiliates and related entities regarding the use of User
Content, materials and/or ideas.
User Content Removal. You acknowledge that TheMash.com and/or its designees shall
have the right (but not the obligation), in their sole discretion, to move,
remove, or block any User Content for any reason, including without limitation
that such User Content violates the Terms of Service or is otherwise
objectionable.
User Content Assumption of Risk. TheMash.com bulletin boards, forums, comments
pages, blogspaces, chat rooms and other such interactive areas are provided to
give users an interesting and stimulating forum to express their opinions and
share ideas and information. Given the nature of TheMash.com and the volume of
messages and postings, TheMash.com cannot and does not monitor all of the
material posted, uploaded, or transmitted by users and third-party information
providers, and TheMash.com does not guarantee the accuracy, integrity, or
quality of any User Content. ALL USER CONTENT POSTED OR UPLOADED TO THEMASH.COM
IS THE SOLE RESPONSIBILITY OF THE PERSON WHO POSTED OR UPLOADED IT. THIS MEANS
YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU POST OR UPLOAD TO
THEMASH.COM. To protect your safety, please use your best judgment when using
these interactive areas of this Web site. We discourage divulging personal
phone numbers and addresses or other information that can be used to identify
or locate you. If you make such disclosures either through postings on the
bulletin boards, chat rooms, in classified advertising you place or in other
interactive areas, or to third parties in any communication, you do so fully
understanding that such information could be used to identify you. TheMash.com
reserves the right to delete, move or edit any communications at any time, for
any reason or in its discretion, but has no obligation to review or remove any
such content.
User Content Posting Rules. Interactive areas, discussion boards, comments
pages, blogspaces, forums, chat rooms, etc., are intended to encourage public
debate. We expect people to differ -- judgment and opinion are subjective
things -- and we encourage freedom of speech and a marketplace of ideas. But by
using these areas of TheMash.com, you are participating in a community that is
intended for all our users. Therefore, we reserve the right to remove any User
Content posted on our Web site at any time for any reason. Any decisions as to
whether User Content violates any Posting Rule will be made by TheMash.com in
its sole discretion and after we have actual notice of such posting. When you
post or upload User Content, you agree to the following Posting Rules:
Do not post or upload User Content that:
contains vulgar, profane, abusive, racist or
hateful language or expressions, epithets or slurs, text, photographs or
illustrations in poor taste, inflammatory attacks of a personal, racial or
religious nature.
is defamatory, threatening, disparaging, grossly
inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains
gross exaggeration or unsubstantiated claims, violates the privacy rights
of any third party, is unreasonably harmful or offensive to any individual
or community.
violates any right of TheMash.com or any third party.
discriminates on the grounds of race, religion,
national origin, gender, age, marital status, sexual orientation or
disability, or refers to such matters in any manner prohibited by law.
violates or encourages the violation of any
municipal, state, federal or international law, rule, regulation or
ordinance.
interferes with any third party's uninterrupted
use of TheMash.com.
advertises, promotes or offers to trade any
goods or services, except in areas specifically designated for such
purpose.
uploads copyrighted or other proprietary
material of any kind on TheMash.com without the express permission of the
owner of that material.
uses or attempt to use another's account,
password, service or system except as expressly permitted by the Terms of
Service.
uploads or transmits viruses or other harmful,
disruptive or destructive files.
disrupts, interferes with, or otherwise harms or
violates the security of TheMash.com, or any services, system resources,
accounts, passwords, servers or networks connected to or accessible
through TheMash.com or affiliated or linked sites.
"flames" any individual or entity
(e.g., sends repeated messages related to another user and/or makes
derogatory or offensive comments about another individual), or repeats
prior posting of the same message under multiple threads or subjects.
WARNING:
A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT
AUTHORITIES.
Transactions and E-commerce on TheMash.com. During your visit to
our Web site you may elect to engage in a transaction involving the purchase of
a product such as a newspaper subscription, a print or online advertisement or
other tangible goods and services. To serve you most efficiently, credit card
transactions and order fulfillment are often handled by a third party
processing agent, bank or distribution institution. While in most cases
transactions are completed without difficulty, there is no such thing as
"perfect security" on the Internet or offline. If you're concerned
about online credit card safety, in most cases a telephone number will be made
available so you can call us and place your order by phone. TheMash.com cannot
and does not take responsibility for the success or security of transactions
undertaken or processed by third parties.
Errors in Advertisements. On occasion, a product or service may not be
available at the time or the price as it appears in an advertisement. In such
event, or in the event a product is listed at an incorrect price or with
incorrect information due to typographical error, technology effort, error in
the date or length of publication, or error in pricing or product information
received from our advertisers or suppliers, you agree TheMash.com is not
responsible for such errors or discrepancies.
Communications with Third Parties through TheMash.com. Your dealings or
communications through TheMash.com with any party other than TheMash.com are
solely between you and that third party. For example, certain areas of
TheMash.com may allow you to conduct transactions or purchase goods or
services. In most cases, these transactions will be conducted by third-party
vendors. Under no circumstances will TheMash.com be liable for any goods,
services, resources or content available through such third party dealings or communications,
or for any harm related thereto. Please review carefully that third party's
policies and practices and make sure you are comfortable with them before you
engage in any transaction. Complaints, concerns or questions relating to
materials provided by third parties should be forwarded directly to the third
party.
During your visit to TheMash.com you may link to, or view as part of a frame,
certain content that is actually created or hosted by a third party. You may be
introduced to, or be able to access, information, Web sites, advertisements,
features, contests or sweepstakes offered by other parties. TheMash.com is not
responsible for the actions or policies of such third parties. You should check
the applicable terms of service and privacy policies of those third parties
when providing information on such a feature or page.
Copyright. All information, content, services and software displayed on,
transmitted through, or used in connection with TheMash.com, with the exception
of User Content, including for example news articles, reviews, directories,
guides, text, photographs, images, illustrations, audio clips, video, html,
source and object code, trademarks, logos, and the like (collectively, the
"Content"), as well as its selection and arrangement, is owned by
CTC, and/or its affiliated companies, licensors and suppliers. You may use the
Content online only, and solely for your personal, non-commercial use, and you
may download or print a single copy of any portion of the Content solely for your
personal, non-commercial use, provided you do not remove any trademark,
copyright or other notice from such Content. If you operate a Web site and wish
to link to TheMash.com, you may do so provided you agree to cease such link
upon request from TheMash.com.com. Other uses are not permitted without prior
written permission of TheMash.com. The permitted use described in this
Paragraph is contingent on your compliance at all times with these Terms of
Service.
You may not, for example, republish any portion of the Content on any Internet,
Intranet or extranet site or incorporate the Content in any database,
compilation, archive or cache. You may not distribute any Content to others,
whether or not for payment or other consideration, and you may not modify, alter,
copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise
use any portion of the Content. You may not scrape or otherwise copy our
Content without permission. You agree not to decompile, reverse engineer or
disassemble any software or other products or processes accessible through
TheMash.com, not to insert any code or product or manipulate the content of
TheMash.com in any way that affects the user's experience, and not to use any
data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms
of Service should be directed to ctcpermissions@tribune.com. In certain cases,
you may be able to obtain a license to use individual stories that appear on
TheMash.com through online functionality we have specifically designated (e.g.,
to e-mail a story to a friend or to purchase the rights to reproduce a story
for other use). In such cases, we will tell you directly in the portion of the
Content you may license or you will see a link in the Content itself. If you do
not see such authorization or link, you should assume no third party has the
right to allow you to use the Content.
Notice of Intellectual Property Infringement. In accordance with the
Digital Millennium Copyright Act (DMCA) and other applicable law, it is the
policy of TheMash.com, in appropriate circumstances, to terminate the account
of a user who is deemed to infringe third party intellectual property rights or
to remove User Content that is deemed to be infringing. If you believe that
your work has been copied in a way that constitutes copyright infringement or
are aware of any infringing material placed by any third party on TheMash.com,
please provide substantially the following information to our Copyright Agent
(please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to
confirm these requirements):
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
a description of the copyrighted work or other
intellectual property that you claim has been infringed;
a description of where the material you claim is
infringing is located on the site (providing us with website URL is the
quickest way to help us locate content quickly);
your address, telephone number, and e-mail
address;
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
TheMash.com's
copyright agent can be reached as follows:
Copyright Agent, 435 N. Michigan Ave., 6th Floor, Chicago, IL 60611,
312-222-4172 (voice), 312-222-4206 (fax), copyrightnotice@tribune.com.
Please note that the above contact information is for intellectual property
infringement notices only. DO NOT CONTACT THEMASH.COM'S COPYRIGHT AGENT FOR
OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use
the information listed in the Contact Us section below. Please also note that,
pursuant to Section 512(f) of the Copyright Act, any person who knowingly
materially misrepresents that material or activity is infringing may be subject
to liability.
Counter-Notification for Intellectual Property Infringement. If you elect to send us
a counter-notice in response to a notice of intellectual property infringement,
to be effective it must be a written communication provided to TheMash.com's
designated Copyright Agent, (see above for contact information), that includes
substantially the following (please consult your legal counsel or see 17 U.S.C.
Section 512(g)(3) to confirm these requirements):
an electronic or physical signature of the
registered user;
a description of the material that has been
removed or to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled
(providing us with a website URL is the quickest way to help us locate
content quickly);
your address, telephone number, and e-mail
address;
a statement by you, under penalty of perjury,
that you (the registered user) have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the
material to be removed or disabled; and
a statement by you that you consent to the
jurisdiction of the Federal District Court for the judicial district in
which the address is located, or if the your address is outside of the
United States, for any judicial district in which TheMash.com may be
found, and that the you will accept service of process from the person who
provided notification of intellectual property infringement or an agent of
such person.
Please
note that under Section 512(f) of the Copyright Act, any person who knowingly
materially misrepresents that material or activity was removed or disabled by
mistake or misidentification may be subject to liability. Please also be
advised that we enforce a policy that provides for the termination, in
appropriate circumstances, of Customers who are repeat infringers.
General Disclaimer and Limitation of Liability. TheMash.com makes no
warranties or representations as to the accuracy of the Content and assumes no
liability or responsibility for any error or omission in the Content.
TheMash.com does not represent or warrant that use of any Content will not
infringe rights of third parties. TheMash.com has no responsibility for actions
of third parties or for content provided or posted by others. USE OF
THEMASH.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND
"AS AVAILABLE." NEITHER CTC, THEMASH.COM, NOR ANY OF THEIR AFFILIATED
OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND
REGARDING THEMASH.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION,
PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THEMASH.COM, AND/OR THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THEMASH.COM OR SUCH CONTENT OR SERVICES. ALL
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST
INFRINGEMENT, AND WARRANTIES THEMASH.COM WILL MEET YOUR REQUIREMENTS, BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED.
THEMASH.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED
BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THEMASH.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF
THIRD PARTY INDIVIDUALS, USERS, AND ORGANIZATIONS. THEMASH.COM DOES NOT
REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE,
OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED
THROUGH THEMASH.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR
INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL THEMASH.COM OR ITS PARENT, AFFILIATES, RELATED ENTITIES,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
THEMASH.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THEMASH.COM AND
TRIBUNE INTERACTIVE, INC., EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND
EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND
ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE
DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES
(INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY
ALLEGATION REGARDING: (1) YOUR USE OF THEMASH.COM; (2) THEMASH.COM'S USE OF ANY
CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT
WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH
YOUR REGISTERED USER ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION
OF THIS AGREEMENT BY YOU.
International Users. TheMash.com is controlled, operated and administered by
TheMash.com from its offices within the United States. TheMash.com makes no
representation that materials or Content available through TheMash.com are
appropriate or available for use outside the United States and access to them
from territories where their contents are illegal is prohibited. You may not
use TheMash.com or export the Content in violation of U.S. export laws and
regulations. If you access TheMash.com from a location outside the United
States, you are responsible for compliance with all applicable laws.
Modification of These Terms of Service. TheMash.com reserves the right to change
these Terms of Service at any time in its discretion and to notify users of any
such changes solely by changing this Terms of Service. Your continued use of
TheMash.com after the posting of any amended Terms of Service shall constitute
your agreement to be bound by any such changes. Your use of this site prior to
the time this Terms of Service was posted will be governed according to the
Terms of Service that applied at the time of your use.
Discontinuation of Web Site and/or Service. TheMash.com may modify,
suspend, discontinue or restrict the use of any portion of TheMash.com,
including the availability of any portion of the Content or User Content at any
time, without notice or liability. TheMash.com may deny access to any person or
user at any time for any reason. In addition, CTC or TheMash.com may at any
time transfer rights and obligations under this Agreement to any third-party
without your consent, including without limitation any Tribune Company
affiliate, subsidiary or business unit, or any of their affiliated companies or
divisions, or any entity that acquires CTC, TheMash.com or any of their assets.
Governing Law and Consent to Jurisdiction. These Terms of Service will be governed
by and construed in accordance with the laws of the State of Illinois, without
regard to its conflicts of law provisions. You hereby agree that any cause of
action you may have with respect to TheMash.com must be filed in a federal or
state court located in Chicago, Illinois.
Statute of Limitations. You agree to file any claim regarding any aspect of this
Web site or these Terms of Service within six (6) months of the time in which
the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to these Terms of Service may be
brought as a class action.
Severability. If for any reason any provision of these Terms of Service is
found unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the parties as reflected in that
provision, and the remainder of theses Terms of Service shall continue in full
force and effect.
No Waiver. Any failure of TheMash.com to enforce or exercise any provision
of these Terms of Service or related right shall not constitute a waiver of
that right or provision.
Section Titles. The section titles used in these Terms of Service are purely for
convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Terms for any reason, you
agree the following provisions will survive: the provisions regarding
limitations on your use of Content, the license(s) you have granted to
TheMash.com, and all other provisions for which survival is equitable or
appropriate.
Conflicts. In the case of a conflict between these terms and the terms of
any electronic or machine readable statement or policy (for example, a P3P
electronic privacy policy), these Terms of Service shall control. Similarly, in
case of a conflict between these terms and our Privacy Policy, these Terms of
Service control.
Contact Us. To contact TheMash.com, please use the following:
