Terms of Service

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:

TheMash.com

435 N. Michigan Avenue

Chicago, IL 60611

E-mail Address:  themash@tribune.com

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