Effective: October 2018
Welcome to the AT&T Believe Chicago Internet site (referred to as our “Site”). The term “AT&T,” “we,” “our” or “us” means AT&T Inc., and its subsidiaries, affiliates, agents, employees, successors, and assigns. The term “you” or “your” means you, and any of your subsidiaries, affiliates, employees, and parent or legal guardian.
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in the Terms; otherwise, please exit our Site.
AT&T may change or modify the Terms from time to time without notice other than posting the amended Terms on our Site. The amended Terms are automatically effective when we post them on our Site. Your continued use of our Site after any changes in these Terms constitutes your consent to such changes. AT&T reserves the right to change, modify or discontinue, temporarily or permanently, our Site (or any portion thereof), including any and all content contained on our Site, at any time, without notice. You agree that AT&T shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site (or any portion thereof).
If you provide us information on our Site, you agree to (a) provide true, accurate, current, and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password, and a user name. Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify AT&T of any unauthorized use of your password or account or any other breach of security. Without limiting any rights that AT&T may otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of our Site and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder. The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of our Site is invulnerable to all security breaches, and that AT&T makes no warranty, guarantee or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
Our Site provides you access to a wide variety of material (“Content”). Some of the Content may be owned by AT&T Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its affiliates. Other portions may be owned by non-AT&T companies or other third parties. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access our Site and the Content for your personal non-commercial use only, except as otherwise permitted.
AT&T respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may send AT&T a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored or transmitted to our Site in a way that constitutes copyright infringement. For further information regarding such notifications, see https://www.att.com/legal/terms.dmca.html. AT&T’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
Due to the substantial volume of notifications of claimed infringement that AT&T receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or email address other than notifications of claimed infringement sent pursuant to Sections 512(b) –(d). For further information about AT&T’s copyright protection practices under the DMCA, please refer to https://www.att.com/legal/terms.dmca.html.
Trademarks (including but not limited to AT&T, the Globe Logo and the Believe Chicago Logo) that are used or displayed on our Site are owned by AT&T Intellectual Property or by third parties other than AT&T that offer and provide products and services on or through our Site. The trademarks of AT&T Intellectual Property may not be copied or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property or, if applicable, its licensor. In addition, AT&T custom graphics, logos, button icons, scripts and page headers, which are all covered by trademark, trade dress, copyright or other proprietary right law, may not be copied, imitated or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by AT&T. You may not use any meta tags or any other “hidden text” utilizing an AT&T name, trademark, or product name without AT&T’s express written consent. Other trademarks and trade names are those of their respective owners.
Our Site contains links to other websites that are not operated by AT&T (“External Sites”). We provide these links for your convenience. Our provision of these links does not imply or constitute affiliation, sponsorship, endorsement or adoption by AT&T of any External Site, of the subject organizations or of the information, content, products or services contained on or accessible through External Sites. AT&T does not attest to, nor does it bear any responsibility or liability for, the actions, products, services, information or content of any External Site or for that of links or websites accessible through any External Site. When you click on a link to an External Site, you will open a new browser window and leave our Site. Access to any External Site is at your own risk. You should carefully review the applicable terms and policies, including privacy and data gathering practices, of each External Site that you access or use. AT&T is not responsible for the privacy or data gathering practices of External Sites or any other individual or business, including but not limited to their respective compliance with laws protecting personal health information or other personal identifiable information. By accessing or using this Site, including by clicking on any link to an External Site, you agree and acknowledge that you have read this disclaimer, you fully understand and agree to its contents and you will not seek to hold AT&T liable for any act, omission, product, service, information or content of any third party related to or involved with any External Site, or their subject organizations.
AT&T does not warrant that information, graphic depictions, descriptions or other Content on our Site is accurate, complete, reliable, updated, current or error-free. Despite our efforts, it is possible that content offered on or through our Site may be inaccurate or the product or service description may contain an inaccuracy. In the event AT&T determines that Content is inaccurate, AT&T reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation modifying or removing the Content, unless prohibited by law. AT&T may make improvements or changes to any of its Content, information, services or programs described on our Site at any time without notice. You agree to notify AT&T immediately if you become aware of any errors or inconsistencies with any Content on our Site and comply with any corrective action taken by AT&T. You acknowledge and agree that the Content provided in our Site, including any opinions and recommendations included in our Site, are not necessarily those of AT&T or endorsed by AT&T.
Our Site may have “publicly accessible areas” such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Site, while you retain any and all of your lawfully owned rights in such Content, you grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content that you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store, distribute, perform, reproduce and prepare derivative works of such Content that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. AT&T is under no obligation to post or use any Content you may provide and AT&T may remove your Content at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 13 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify AT&T for all claims resulting from the Content you supply.
AT&T does not generally pre-screen or control Content posted by users of our Site, and therefore does not guarantee the accuracy, integrity or quality of such Content. AT&T shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As the provider of our Site, we are only a forum and are not liable for any statements, representations or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of AT&T. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where our Site is used to disseminate statements that are harmful or inflammatory.
You agree not to propose, post or submit to AT&T ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as “Submitted Material”) through our Site. In the event you do so, you hereby grant to AT&T a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to AT&T the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against AT&T for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to AT&T, including the posting of materials to any forum or interactive area on our Site, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
You agree to use our Site and the Content (whether provided by us or others) in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site or Content, nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
Violating the security of our Site is prohibited and may result in criminal and civil liability. AT&T may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan or test the vulnerability of our Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
You acknowledge that AT&T may establish general practices and limits concerning use of our Site, including without limitation the maximum number of days any uploaded Content will be retained by our Site, the maximum number of email messages that may be sent from or received by an account on our Site, the maximum size of any email message that may be sent from or received by an account on our Site, the maximum disk space that will be allotted on AT&T’s servers on your behalf and the maximum number of times (and the maximum duration for which) you may access our Site in a given period of time. Your use of this Site constitutes your consent to allow AT&T to store electronic communications on its servers. You agree that AT&T has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by our Site. You further acknowledge that AT&T reserves the right to modify these general practices and limits from time to time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
AT&T reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to our Site, and/or by removing, screening or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
AT&T may access, use and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on AT&T’s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of AT&T’s services, our Site and other persons or entities from fraudulent, abusive or unlawful use of our Site. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE OUR SITE OR THE CONTENT, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH OUR SITE OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN OUR SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH OUR SITE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA OR INFORMATION OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE AND/OR SERVICES IS TO STOP USING OUR SITE AND/OR SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold harmless AT&T and its underlying Content providers, service providers and licensors, and each of their respective subsidiaries, affiliates, officers, agents and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with AT&T or your use of our Site. AT&T reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with AT&T in asserting any available defenses.
You agree that AT&T may immediately terminate or suspend your access to all or any part of our Site. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to our Site (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity and/or (f) engagement by you in fraudulent or illegal activities. You agree that all terminations and suspensions for cause shall be made in AT&T’s sole discretion and that AT&T shall not be liable to you or any third party for any termination or suspension of your access to our Site. Further, AT&T reserves the right to immediately terminate or suspend your access to our Site at any time, for any reason, and without notice to you, in its sole discretion.
AT&T’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between AT&T and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of AT&T. These Terms do not provide any third party with a remedy, claim or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises, and you shall not bring the suit as a class or representative action.