Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

This Website Terms and Conditions of Use Agreement (“Agreement”) is between Dream Town Realty, Inc., an Illinois corporation with offices located at 1950 N. Sedgwick Ave., Chicago, IL 60614, (“DTR”) and You (“User,” “You” or “Your”) and is a legal agreement between You and DTR. This Agreement is effective as of the date You access the website located at http://www.chicagovideos.com (the “DTR Website”).  This Agreement states the terms and conditions under which You may use the DTR Website.  Please read this Agreement carefully before accessing and using the DTR Website. By using and accessing the DTR Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access and use the DTR Website. DTR may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. If You have questions regarding this Agreement, please email info@chicagovideos.com

1. Access:

DTR hereby grants You a non-exclusive and non-transferable license to access the DTR Website (including but not limited to the Content and User Submissions) solely for viewing and browsing the information on the DTR Website for personal and non-commercial use, subject to the terms and provisions of this Agreement. You agree to comply with the DTR Privacy Policy which may be modified by DTR from time to time.

2. Authorized Use:

A. You shall not copy or download the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), third party Content or User Submissions (as defined in Section 7) from the DTR Website without the prior written consent of DTR. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the DTR Website, Content,  third party Content, or User Submissions or use the DTR Website, Content, User Submissions or third party Content for public or commercial purposes.  You shall not use the DTR Website, Content, User Submissions or third party Content on any other website. Notwithstanding the foregoing, You may access Dream Town Neighborhood Videos and/or User Submissions solely:

  • for Your information and personal, non-commercial use; and
  • for Streaming (as defined below).

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the DTR Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Dream Town Neighborhood Videos and/or User Submissions for any purpose or in any manner other than Streaming is expressly prohibited.

You agree that any Dream Town Neighborhood Videos and/or User Submissions that You are Streaming must be accompanied  by (without alteration by You) certain anchor text and links provided by DTR.
For purposes of clarification prohibited commercial uses do not include: (i) uploading an original video to the DTR Website, to promote your business or artistic enterprise; (ii) streaming Dream Town Neighborhood Video(s) and/or User Submissions from the DTR Website, to promote your business or artistic enterprise; (iii) Streaming Dream Town Neighborhood Videos and/or User Submissions on an ad-enabled blog or website, provided Your primary purpose is not to gain advertising revenue; and (iv) any use that DTR expressly authorizes in writing.

B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the DTR Website in a manner that sends bulk requests to the DTR servers. Notwithstanding the foregoing, DTR grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the DTR Website, but not caches or archives of the DTR Website. DTR reserves the right to revoke these exceptions either generally or in specific cases.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the DTR Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DTR Website or the User Submissions or Content therein.

3. Ownership and Title:

Title to the DTR Website and Content (excluding third party Content and User Submissions), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the DTR Website shall be the exclusive property of DTR.

4. Removal of Infringing Material/Copyright Agent

A. DTR does not permit infringement of intellectual property rights on the DTR Website. DTR will remove all Content, third party Content and User Submissions if properly notified that such Content, third party Content or User Submission infringes on another’s intellectual property rights. DTR reserves the right to remove User Submissions without prior notice. DTR will also terminate a user’s access to the DTR Website, if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the DTR Website more than twice. DTR also reserves the right to decide whether Content, third party Content or a User Submission is appropriate. DTR may remove inappropriate User Submissions and/or terminate a User’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.

B. If You believe that any User Submission, Content or third party Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit DTR to locate the material;

(iv) Information reasonably sufficient to permit DTR to contact You, such as an address, telephone number, and email address;

(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DTR’s designated Copyright Agent to receive notifications of claimed infringement is: Ivan Puljic, 10 S. LaSalle Street, Suite 3500, Chicago, IL 60603 email: ipuljic@huffandgaines.com, telephone: (312) 606-0700, fax: (312) 606-0027. You acknowledge and agree that if You fail to comply with all of the requirements of this Section 4(B), Your DMCA notice may not be valid.

5. Trademarks:  

DTR shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of DTR (the “DTR Marks”). Excepting the DTR Marks, all other product and company names mentioned on the DTR Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by DTR.

6. No Contest:

You acknowledge that the DTR Website, Content and third party Content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of DTR in connection with the DTR Website, Content and third party Content.

7. User Submissions:

A. The DTR Website may now or in the future permit the submission of videos, photos, audio content, text or other communications submitted by You and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. Any information posted or submitted by You on the DTR Website shall be deemed non-confidential.

B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You warrant and, represent that: (i) You own or have the right, to use and authorize DTR to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the DTR Website and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every individual person in the User Submission to use the name or likeness of each and every such individual person to enable inclusion and use of the User Submissions in the manner contemplated by the DTR Website and this Agreement.

C. By posting User Submissions to DTR, You grant to DTR, its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly display, modify, adapt, translate, archive, store, and create derivative works and publicly perform,  the User Submissions in connection with the DTR Website and DTR’s business (and its successor’s business), including without limitation for promoting and redistributing part or all of the DTR Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DTR Website a non-exclusive license to access Your User Submissions through the DTR Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the DTR Website and under this Agreement.

D. In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant DTR all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DTR or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

E. User Submissions made available by DTR via the DTR Website are provided on an "as is" basis. DTR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions. You understand that when using the DTR Website, You will be exposed to User Submissions from a variety of sources, and that DTR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against DTR with respect thereto, and agree to indemnify and hold DTR, its partners, affiliates, subsidiaries and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the DTR Website.

8. Express Warranties: You acknowledge and agree that DTR (including officers, employees, agents, directors and independent contractors of DTR) has not made or granted to You any express warranties concerning the DTR Website, Content, third party Content, User Submissions, or DTR products or services. Use and performance of DTR products and services referenced on the DTR Website (if any) are subject to DTR terms and conditions concerning such products and services as made available by DTR. You acknowledge that the DTR Website does not constitute a grant of an express warranty concerning DTR products and services, Content, third party Content, or User Submissions and You waive any and all claims of warranty based on the DTR Website.

9. WARRANTY LIMITATION: The DTR website, Content, third party content, Dream Town Neighborhood Videos and User Submissions are provided “as is” without warranty of any kind. DTR, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third party rights. DTR does not warrant and YOU waive any warranty that use of or access to the DTR WebSite by you will be uninterrupted or error free. DTR does not make any warranty and you waive any and all warranties as to the results obtained from use of the DTR WebSite, Content, third party content, Dream Town Neighborhood Videos and User Submissions or as to the accuracy, completeness, timeliness or reliability of the DTR WebSite, Content, third party content, Dream Town Neighborhood Videos and User Submissions. you acknowledge and agree that use of the Internet and the DTR WebSite, Content, third party content, Dream Town Neighborhood Videos and User Submissions shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the DTR WebSite.

10. Inaccuracies:  You acknowledge that the DTR Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the DTR Website.

11. Limitation of Liability: DTR shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the DTR WebSite; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether DTR has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.

12. Limitation of Damages: The liability of DTR for any reason and for any cause of action whatsoever in connection with this Agreement and the DTR WebSite, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).

13. Indemnification: You agree to release, defend, indemnify and hold harmless DTR (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the DTR Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the DTR Website; (iii) User Submissions; (iv) Your negligence or acts (or any failure to act); or (v) any breach by You of Your obligations under this Agreement.

14. Export Assurance: You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.

15. Links: You acknowledge that the DTR Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by DTR of such websites and the third party content found there.

16. Entire Agreement: This Agreement and the DTR Privacy Policy contain the entire understanding of the parties relating to the DTR Website, content and third party content and supersedes all previous verbal and written agreements between You and DTR relating to the DTR Website, content, User Submissions and third party content.

17. Amendments and Modifications: Excepting modifications made to the Privacy Policy by DTR and modifications made to this Agreement by DTR, any alteration, modification or amendment of this Agreement shall be void unless such alteration, modification or amendment is in writing and signed by an authorized representative of DTR.

18. Severability: If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.

19. Governing Law: The DTR Website is based in Cook County, Chicago, Illinois. This Agreement is governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be Cook County, Chicago, Illinois.

20. User Notice: All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.

21. DTR Notice: Notices to DTR (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth in the first paragraph of this Agreement for DTR Notices to DTR shall be deemed given on the date notice is received by DTR (as evidenced in the case of Certified or Registered Mail by Return Receipt).

22. Equitable Remedies: You acknowledge and agree that damages at law will be an inadequate remedy to DTR. In addition to other rights which may be available, DTR shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.

23. Waiver: Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.

24. Public Announcements: All public announcements concerning the DTR Website or the relationship of You and DTR shall be subject to the prior written approval of DTR.

25. Litigation Expense: In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.

26. Termination: This Agreement may be terminated by DTR at any time without notice or cause. Any and all restrictions imposed upon You with respect to the DTR Website and the contents of the DTR Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.

27. Assignment: Neither this Agreement nor the performance of any obligation hereunder may be assigned, delegated or otherwise transferred by You.