Terms Of Service

Terms of Service:

The following terms and conditions govern all use of the marketskyline.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Market Skyline (“Market Skyline”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ’s Privacy Policy) and procedures that may be published from time to time on this Site by Chicago Headlines (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Market Skyline, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1 Your marketskyline.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Market Skyline may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Market Skyline liability. You must immediately notify Market Skyline of any unauthorized uses of your blog, your account or any other breaches of security. Market Skyline will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2 Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
1 the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2 if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
3 you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4 the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5 the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6 the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
7 your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
8 your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
9 you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Market Skyline or otherwise.
10 By submitting Content to Market Skyline for inclusion on your Website, you grant Market Skyline a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Market Skyline will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Market Skyline has the right (though not the obligation) to, in Market Skyline’s sole discretion (i) refuse or remove any content that, in Market Skyline’s reasonable opinion, violates any Market Skyline policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Market Skyline’s sole discretion. Market Skyline will have no obligation to provide a refund of any amounts previously paid.

3 Payment and Renewal.General Terms.

1 General Terms

By selecting a product or service, you agree to pay Market Skyline
the one-time and/or monthly or annual subscription fees indicated
(additional payment terms may be included in other communications).
Subscription payments will be charged on a pre-pay basis on the day you
sign up for an Upgrade and will cover the use of that service for a
monthly or annual subscription period as indicated. Payments are not

2 Automatic Renewal.

Unless you notify Market Skyline before the end of the applicable
subscription period that you want to cancel a subscription, your
subscription will automatically renew and you authorize us to collect
the then-applicable annual or monthly subscription fee for such
subscription (as well as any taxes) using any credit card or other
payment mechanism we have on record for you. Upgrades can be canceled at
any time by submitting your request to Market Skyline in writing.

4 Services.

1 Fees; Payment. By signing up for a Services account you agree to pay
Market Skyline the applicable setup fees and recurring fees.
Applicable fees will be invoiced starting from the day your services
are established and in advance of using such services. Market Skyline
reserves the right to change the payment terms and fees upon
thirty (30) days prior written notice to you. Services can be canceled
by you at anytime on thirty (30) days written notice to Market

2 Support. If your service includes access to priority email support.
“Email support” means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by
Chicago Headlines to respond within two business day) concerning the
use of the VIP Services. “Priority” means that support takes priority
over support for users of the standard or free marketskyline.com
services. All support will be provided in accordance with Market
Skyline standard services practices, procedures and policies.

5 Responsibility of Website Visitors.

Market Skyline has not reviewed,and cannot review, all of the
material, including computer software, posted to the Website, and
cannot therefore be responsible for that material’s content, use or
effects. By operating the Website, Market Skyline does not represent or
imply that it endorses the material there posted, or that it believes
such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that is
offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy
or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or
use of which is subject to additional terms and conditions, stated or
unstated. Market Skyline disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.

6 Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including
computer software, made available through the websites and web pages to
which marketskyline.com links, and that link to marketskyline.com.
Market Skyline does not have any control over those non-Market Skyline
websites and web pages , and is not responsible for their contents or
their use. By linking to a non-Market Skyline website or web page,
Market Skyline does not represent or imply that it endorses such
website or web page. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. Market
Skyline disclaims any responsibility for any harm resulting from your
use of non-Market Skyline websites and web pages.

7 Copyright Infringement and DMCA Policy.

As Market Skyline asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you
believe that material located on or linked to by marketskyline.com
violates your copyright, you are encouraged to notify Market Skyline in
accordance with Market Skyline’s Digital Millennium Copyright Act
(“DMCA”) Policy. Market Skyline will respond to all such notices,
including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. Market
Skyline will terminate a visitor’s access to and use of the Website if,
under appropriate circumstances, the visitor is determined to be a
repeat in finger of the copyrights or other intellectual property
rights of Market Skyline or others. In the case of such termination,
Market Skyline will have no obligation to provide a refund of any
amounts previously paid to Market Skyline.

8 Intellectual Property.

This Agreement does not transfer from Market Skyline to you any Market
Skyline or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties)
solely with Market Skyline. Market Skyline, marketskyline.com, the
marketskyline.com logo, and all other trademarks, service marks,
graphics and logos used in connection with marketskyline.com, or the
Website are trademarks or registered trademarks of Market Skyline or
Market Skyline’s licensors. Other trademarks, service marks, graphics
and logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or
license to reproduce or otherwise use any Market Skyline or third-
party trademarks.

9 Advertisements.

Market Skyline reserves the right to display advertisements on your
blog unless you have purchased an ad-free account.

10 Attribution.

Market Skyline reserves the right to display attribution links such as
‘Blog at marketskyline.com,’ theme author, and font attribution in your
blog footer or toolbar.

11 Partner Products.

By activating a partner product (e.g. theme) from one of our partners,
you agree to that partner’s terms of service. You can opt out of their
terms of service at any time by de-activating the partner product.

12 Domain Names.

If you are registering a domain name, using or transferring a
previously registered domain name, you acknowledge and agree that use
of the domain name is also subject to the policies of the Internet
Corporation for Assigned Names and Numbers (“ICANN”), including their
Registration Rights and Responsibilities.

13 Changes.

Market Skyline reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check
this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this
Agreement constitutes acceptance of those changes. Market Skyline may
also, in the future, offer new services and/or features through the
Website (including, the release of new tools and resources). Such new
features and/or services shall be subject to the terms and conditions
of this Agreement.

14 Termination.

Market Skyline may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your
marketskyline.com account (if you have one), you may simply
discontinue using the Website. Notwithstanding the foregoing, if you
have a paid services account, such account can only be terminated by
Market Skyline if you materially breach this Agreement and fail to
cure such breach within thirty (30) days from Market Skyline’s notice
to you thereof; provided that, Market Skyline can terminate the
Website immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations
of liability.

15 Disclaimer of Warranties.

The Website is provided “as is”. Market Skyline and its suppliers
and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-
infringement. Neither Market Skyline nor its suppliers and
licensors, makes any warranty that the Website will be error free or
that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or
services through, the Website at your own discretion and risk.

16 Limitation of Liability.

In no event will Market Skyline, or its suppliers or licensors, be
liable with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable
theory for: (i) any special, incidental or consequential damages; (ii)
the cost of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to Market Skyline under this
agreement during the twelve (12) month period prior to the cause of
action.Market Skyline shall have no liability for any failure or delay
due to matters beyond their reasonable control. The foregoing shall
not apply to the extent prohibited by applicable law.

17 General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in
strict accordance with the Chicago Headlines Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside) and (ii) your use of the Website will
not infringe or misappropriate the intellectual property rights of
any third party.

18 Indemnification.

You agree to indemnify and hold harmless Market Skyline, its
contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims
and expenses, including attorneys’ fees, arising out of your use of
the Website, including but not limited to your violation of this

19 Miscellaneous.

This Agreement constitutes the entire agreement between Market
Skyline and you concerning the subject matter hereof, and they may
only be modified by a written amendment signed by an authorized
executive of Market Skyline, or by the posting by Market Skyline of
a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the 1036 N Dearborn St, Apt
214 Chicago, IL 60611, excluding its conflict of law provisions, and
the proper venue for any disputes arising out of or relating to any
of the same will be the state and federal courts located in Chicago.
Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising
under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in
accordance with such Rules. The arbitration shall take place in , in
the English language and the arbitral decision may be enforced in
any court. The prevailing party in any action or proceeding to
enforce this Agreement shall be entitled to costs and attorneys’
fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full
force and effect. A waiver by either party of any term or condition
of this Agreement or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions;
Market Skyline may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.