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Terms & Condition of Use
The services that MyCity Inc. provides to User is subject to the following Terms of Use ("TOU"). MyCity Inc. reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
This Agreement, which incorporates by reference other provisions applicable to use of This Website, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in This Website, sets forth the terms and conditions that apply to use of This Website by User. By using MyCity (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use This Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. MyCity Inc. shall have the right at any time to change or discontinue any aspect or feature of This Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. MyCity Inc. shall have the right at any time to change or modify the terms and conditions applicable to User's use of This Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to,posting on This Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of This Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. Through its Web property, MyCity Inc. provides User with access to a variety of resources, including download areas, communication forums and product information (collectively"Services").The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of This Website and all charges related thereto. A. User shall use This Website for lawful purposes only. User shall not post or transmit through This Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening,abusive, defamatory, invasive of privacy or publicity rights, vulgar,obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MyCity Inc. 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MyCity Inc. 's discretion restricts or inhibits any other User from using or enjoying This Website will not be permitted. B. This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software,photos, video, graphics, music and sound, and the entire contents of This Website are copyrighted as a collective work under the Canadian copyright laws. MyCity Inc. owns a copyright in the selection,coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit,participate in the transfer or sale, create derivative works, or in anyway exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution,retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MyCity Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. C. User shall not upload, post or otherwise make available on This Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any materials not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of This Website, User automatically grants,or warrants that the owner of such material has expressly granted MyCity Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants MyCity Inc. the right to edit, copy, publish and distribute any material made available on This Website by User. D. The foregoing provisions of Section 5 are for the benefit of MyCity Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars,photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as limitation, User agrees that when using the Communication Services, User will not: • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters,junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish,post, upload, distribute or disseminate any inappropriate, profane, defamatory,obscene, indecent or unlawful topic, name, material or information. • Upload, or otherwise make available,files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation,copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same. • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret,or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs,Cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. • Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including email addresses.
• Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide(whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. MyCity Inc. has no obligation to monitor the Communication Services. However, MyCity Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. MyCity Inc. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. MyCity Inc. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request,or to edit, refuse to post or to remove any information or materials,in whole or in part, in MyCity Inc.'s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. MyCity Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, MyCity Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized MyCity Inc. spokespersons, and their views do not necessarily reflect those of MyCity Inc.. If any of the Services requires User to open an account, User must complete the registration process by providing MyCity Inc. with current,complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify MyCity Inc. immediately of any unauthorized use of User’s account or any other breach of security. MyCity Inc. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by MyCity Inc. or another party due to someone else using User’s account or password. User may not use anyone else's account at any time,without the permission of the account holder.
MYCITY INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONSABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS ANDRELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALLSUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED"AS IS" WITHOUTWARRANTY OF ANY KIND. MYCITY INC. AND/OR ITS RESPECTIVE SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.IN NO EVENT SHALL MYCITY INC. AND/OR ITS RESPECTIVE SUPPLIERSBE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGESWHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN ANACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUTOF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLEFROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDETECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLYADDED TO THE INFORMATION HEREIN. MYCITY INC. AND/OR ITS RESPECTIVESUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/ORTHE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
MyCity Inc. does not claim ownership of the materials User provide to MyCity Inc. (including feedback and suggestions) or post,upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community,(each a "Submission" and collectively"Submissions").However, by posting, uploading, inputting, providing or submitting ("Posting")User’s Submission User is granting MyCity Inc., its affiliated companies and necessary sub licensees permission to use User’s Submission in connection with the operation of their Internet businesses (including,without limitation, all MyCity Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s submission, as provided herein. MyCity Inc. is under no obligation to post or use any Submission User may provide and MyCity Inc.may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use,and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use,including, by way of example, and not as a limitation, the distribution,public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use,of any of the Services, (including, by way of example, and not as a limitation,making prints and gift items which include such Images), and including,without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce,edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images. A. USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER'S SOLE RISK. NEITHER MYCITY INC., ITS AFFILIATES NOR ANY OF THEIRRESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORSWARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOTHEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USEOF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANYINFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
B. THIS WEBSITE IS PROVIDED ON AN "AS IS"BASIS WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICHARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATIONUNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURYCAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESSTO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USERSPECIFICALLY ACKNOWLEDGES THAT MYCITY INC. IS NOT LIABLE FORTHE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIESAND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. D. IN NO EVENT WILL MYCITY INC., OR ANY PERSON OR ENTITYINVOLVED IN CREATING, PRODUCING OR DISTRIBUTING This Website OR THE MYCITY INC. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUTLIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVEDAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. USERHEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TOALL CONTENT ON THE SITE. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MYCITY INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALLBE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTIONIN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSESARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIESSHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. MYCITY INC., ITS AFFILIATES,INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FORINVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, MYCITY INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENTPARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESSOF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THERESULTS OBTAINED FROM THE USE OF THE INFORMATION. G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FORANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLECONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICEOUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONSFAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICEPROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHINA MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OFTHS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALLPREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THISAGREEMENT.
THE LINKS IN THIS AREA WILL LET YOU LEAVE MYCITY INC.'S SITE.THE LINKED SITES
ARE NOT UNDER THE CONTROL OF MYCITY INC. AND MYCITY INC. IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKEDSITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATESTO SUCH SITES. MYCITY INC. IS NOT RESPONSIBLE
FOR WEBCASTINGOR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. MYCITY INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
ANDTHE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MYCITY INC.
OF THE SITE.
MyCity Inc. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, MyCity Inc.has no more editorial control over such content than does a public library,bookstore, or newsstand. Any opinions, advice, statements, services,offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of This Website, are those of the respective author(s) or distributor(s)and not of MyCity Inc.. Neither MyCity Inc. nor any third-party provider of information guarantees the accuracy, completeness,or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through This Website represents the opinions and judgments of the respective information provider, User,or other user not under contract with MyCity Inc.. MyCity Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on This Website by anyone other than authorized MyCity Inc. employee spokespersons while acting in their official capacities. Under no circumstances will MyCity Inc. be liable for any loss or damage caused by a User's reliance on information obtained through This Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information,opinion, advice or other content available through MyCity Inc . Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
MYCITY INC. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDERUNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEWPROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETINGPLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVEARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICYIS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN MYCITY INC.'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTEDTO MYCITY INC.. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MYCITY
INC. OR ANYONE AT MYCITY INC. IF, DESPITEOUR REQUEST THAT YOU NOT SEND US YOUR
IDEAS AND MATERIALS, YOU STILLSEND THEM, PLEASE UNDERSTAND THAT MYCITY INC. MAKES
NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
MyCity Inc. shall have the right, but not the obligation, to monitor the content of This Website, including chat rooms and forums,to determine compliance with this Agreement and any operating rules established by MyCity Inc. and to satisfy any law, regulation or authorized government request. MyCity Inc. shall have the right in it's sole discretion to edit, refuse to post or remove any material submitted to or posted on This Website. Without limiting the foregoing, MyCity Inc. shall have the right to remove any material that MyCity Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. User agrees to defend, indemnify and hold harmless MyCity Inc.,its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of MyCity Inc. by User or User's Account. Either MyCity Inc. or User may terminate this Agreement at anytime. Without limiting the foregoing, MyCity Inc. shall have the right to immediately terminate User's Account in the event of any conduct by User which MyCity Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for This Website established by MyCity Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the province of Ontario Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.The section headings used herein are for convenience only and shall not be given any legal import.
The MyCity logo is a registered trademarks of MyCity Inc. All rights reserved. All other trademarks appearing on MyCity Inc. are the property of their respective owners.The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. | |