Terms and Conditions of UseThis Website is operated on behalf of C.D.Peacock, LLC (“C.D.Peacock”) with executive offices at 172 Oakbrook Center Oak Brook, IL 60523. Telephone number: (312) 644-5355. These Terms and Conditions of Use constitute the agreement (the “Agreement”) that will govern your use of this C.D.Peacock Website (the “Website”). This Website is available for your use only on the condition that you agree to these Terms and Conditions of Use, all with the intention of making them legally binding upon you.
THIS WEBSITE IS PROVIDED BY C.D.Peacock AND IS AVAILABLE ONLY TO PEOPLE AND ENTITIES ABLE TO FORM LEGALLY BINDING AGREEMENTS. IF YOU DO NOT QUALIFY (FOR INSTANCE, BECAUSE YOU ARE A MINOR UNDER THE AGE OF 18), PLEASE DO NOT USE THIS WEBSITE.
Children’s Online PrivacyThe Children’s Online Privacy Protection Act took effect April 21, 2000, and pertains to websites directed toward children under 13 years of age. This Website is not directed towards, nor for the use of, children under the age of 18 and does not intentionally or knowingly collect information on or from any person under 18 years.
Note to ChildrenChildren who are under age 18, especially those under the age of 13, should not send any information about themselves or their friends and should not register for any of the C.D.Peacock on-line services nor should they make requests to receive further information from C.D.Peacock by clicking consent or request buttons on the Website. Should we discover or be informed that a child has registered his/her or another child’s personal details, we will delete such information from our records.
Note to ParentsC.D.Peacock will not intentionally or knowingly collect personally identifiable information from children under age 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services or wish to cancel your child’s registration and have all details deleted, please contact us by e-mail at: email@example.com or write to us at the following address providing official documents establishing parental or guardian status: C.D.Peacock 172 Oakbrook Center Oak Brook, IL 60523 Attention: Website Administrator
Without limitation of the foregoing, you agree to not use the Website or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a C.D.Peacock official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage in the Website or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
No Website WarrantyTHE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, C.D.Peacock SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. C.D.Peacock DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. C.D.Peacock DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU AGREE, BY USING THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT C.D.Peacock OR ANY OF ITS AGENTS) ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS WEBSITE, AND THAT YOU (AND NOT C.D.Peacock OR ANY OF ITS AGENTS) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you
Limitation of LiabilityIN NO EVENT SHALL C.D.Peacock , ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. C.D.Peacock shall have no liability for the deletion of any communications or information collected, maintained, or transmitted by this Website or the failure to store any information, including personalized settings. C.D.Peacock shall have no liability with respect to any information posted by users on chat rooms, bulletin boards, or other user forums.
IndemnificationUpon a request by C.D.Peacock , you agree to defend, indemnify and hold C.D.Peacock , its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contribution or Content or other materials by you or users authorized by you or any violation of these Terms and Conditions of Use by you. C.D.Peacock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with C.D.Peacock in asserting any available defense.
Mobile/Wireless PolicyIn addition to any fee of which you are notified your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider. C.D.Peacock will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services, as are all Services, are provided on an AS IS basis. Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.
ModificationsAt any time, and without notice, C.D.Peacock may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.
TerminationC.D.Peacock may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, C.D.Peacock may also discontinue providing this Website or any part of it, with or without notice. C.D.Peacock shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.
Links to Other WebsitesC.D.Peacock does not authorize linking to this Website from a third party web site without its written permission. Although this Website may contain links to other Websites, C.D.Peacock has no control over those linked Websites. You acknowledge and agree that C.D.Peacock is not responsible for the availability of those linked Websites or their content. C.D.Peacock provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to C.D.Peacock , in control of it, or under common control with it. It is your sole responsibility to comply with the appropriate terms of service of any linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked sites and any content contained thereon. C.D.Peacock DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. IN NO EVENT SHALL C.D.Peacock BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED THROUGH THESE LINKED SITES. You should direct any concerns to that linked site’s administrator or webmaster. C.D.Peacock reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Website and/or introduce different features or links to different users. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Caching, Linking, and Framing by YouC.D.Peacock prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. C.D.Peacock reserves the right to disable any unauthorized links or frames.
Applicable Laws, Jurisdiction, Choice of Law, and ArbitrationWe control and operate this site from our offices in Chicago, IL. We do not represent that materials on the site are appropriate or available for use outside of Chicago, IL. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws on use and access, if and to the extent local laws are applicable. By accessing this Website both you and C.D.Peacock agree that all claims and matters regarding this Website or the use of this Website shall be governed according to the laws of the State of State, United States of America, without regard to its conflicts of law principles. C.D.Peacock makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. In addition you agree that any controversy or claim arising out of or relating to this Agreement, the Terms and Conditions of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in the State of State and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.
Trademarks & CopyrightsThe names C.D.Peacock and the C.D.Peacock logo are trademarks of C.D.Peacock, LLC and/or its affiliates and are used under license. All designs and materials on this Website are either Copyright © C.D.Peacock, LLC 2010 or are licensed for use by C.D.Peacock, LLC, except where otherwise noted. All rights reserved. All partner brand names, logos, designs and materials on this Website are licensed for use by C.D.Peacock, LLC.
Photography and Other InformationSome items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item.
Copyrights and Copyright AgentWe respect the intellectual property rights of others, and require that the people who use the http://www.cdpeacock.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.