 |
1. Acceptance of Terms
citybizlist provides a collection of online business services and resources,
including classified ads, and various email services, (referred to hereafter as
"the Service") all of which are subject to the following Terms of Use
("Terms"), which may be changed by citybizlist from time to time. citybizlist
will provide notice of materially significant changes to the Terms by posting
notice on the citybizlist site. View the most current version of the
Terms Of Use. Your use of the Service signifies your agreement to be
bound by the Terms. You also agree to abide by any applicable posted guidelines
for all services, which may change from time to time.
2. Content
All postings, messages, text, files, images, photos, video, sounds, or other
materials ("Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content
originated. All Content must reflect the business to business nature of this
site and reflect your local business community. You are entirely responsible
for all Content that you post, email or otherwise make available via the
Service. citybizlist does not control, and is not responsible, for Content made
available through the Service; by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the citybizlist site and Content available through
the Service may contain links to other websites, which are completely
independent of citybizlist. citybizlist makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in
any such site. Linking to any other websites is at your own risk. You will
evaluate, and bear all risks associated with, the use of any Content.
citybizlist does not pre-screen or approve Content, and citybizlist shall have
the right (but not the obligation) in its sole discretion to refuse, delete or
move any Content that is available via the Service for any reason.
3. Notification of Claims of Infringement
If you believe that your property has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated in association with the Service, please notify citybizlist
agent (the "Agent"), at Edwin@citybizlist.com
or: Copyright Agent citybizlist 732 South Ann Street Baltimore, MD 21231 Please
provide the following: 1. Identify the copyrighted work or other intellectual
property that you claim has been infringed; 2. Identify the material on the
citybizlist site that you claim is infringing, with enough detail so that we
may locate it on the website; 3. A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; 4. A statement by you declaring under penalty of perjury
that (a) the above information in your Notice is accurate, and (b) that you are
the owner of the copyright interest involved or that you are authorized to act
on behalf of that owner; 5. Your address, telephone number, and email address;
and 6. Your physical or electronic signature. Subject to the terms of the
Digital Millennium Copyright Act (DMCA), citybizlist will remove the infringing
posting(s).
4. Privacy and Information Disclosure
citybizlist’s Privacy Policy explains how
users information may be collected and used. Your use of the citybizlist
website or the Service signifies acknowledgement of and agreement to our
Privacy Policy. You further acknowledge and agree that citybizlist may, in its
sole discretion, archive, preserve, disclose and reproduce your Content, as
well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: comply
with legal process; enforce these Terms; respond to claims that any Content
violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment; protect
the rights, property, or personal safety of citybizlist, its users or the
general public or to preserve Content.
5. Conduct
You will not post, email, or otherwise make available Content that:
* is unlawful, harmful, threatening, violent, abusive, harassing, defamatory,
scandalous, pornographic, libelous, invasive of another's privacy, or harms
minors in any way;
* harasses, degrades, intimidates or is hateful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
* impersonates any person or entity, including, but not limited to, a
citybizlist employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
* includes personal or identifying information about another person without
that person's explicit consent;
* is false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
* infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships;
* constitutes or contains "affiliate marketing," "link referral code," "junk
mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial
advertisement;
* constitutes or contains any form of advertising or solicitation if (1) posted
in areas of the citybizlist sites which are not designated for such purposes;
or (2) emailed to citybizlist users who have requested not to be contacted
about other services, products or commercial interests;
* includes links to commercial services or web sites, except as allowed in
"services";
* advertises or induces anyone to perform any illegal services or sell or
engage in the sale of any items the sale of which is prohibited or restricted
by applicable law, including without limitation, items the sale of which is
prohibited or regulated by the law of any state into which Content is
transmitted or federal law;
* contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
* disrupts the normal flow of dialogue with an excessive number of messages
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or
* employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you will not:
* contact anyone who has asked not to be contacted;
* "stalk" or otherwise harass anyone;
* collect personal data about other users for any purpose;
* use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - exception is made for internet
search engines (e.g. Google) and non-commercial public archives (e.g.
archive.org) that comply with our robots.txt file;
* post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content, or otherwise impose an unreasonable or disproportionately
large load on our infrastructure;
* post the same item or service in more than one classified category or forum,
or in more than one metropolitan area; or
* attempt to gain unauthorized access to citybizlist's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
citybizlist website.
6. No Spam Policy
Sending unsolicited email advertisements to citybizlist email addresses or
through citybizlist computer systems, which is expressly prohibited by these
Terms, may violate state and federal laws and subject you to severe penalties.
Any unauthorized use of citybizlist computer systems is a violation of these
Terms and certain federal and state laws, including without limitation the
Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 14-3001 et.
seq. of the MD Code, Commercial Law. Such violations may subject the sender and
his or her agents to civil and criminal penalties.
7. Limitations on Service
citybizlist may establish limits concerning use of the Service, including the
maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may
be transmitted or stored by the Service, and the frequency with which you may
access the Service. citybizlist may at any time modify or discontinue the
Service (or any part thereof) with or without notice.
8. Termination of Service
citybizlist may (but is not obligated) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use of
the Service (or any part thereof), immediately and without notice, and remove
and discard any Content within the Service, for any reason. You will not
attempt to use the Service after said termination.
9. Dealings with Organizations and Individuals
Interaction with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
is solely between you and such organizations and/or individuals. If there is a
dispute between participants on this site, or between users and any third
party, citybizlist is under no obligation to become involved. California
residents, hereby waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor."
10. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright -
trademark laws and international treaties. Third Party Content displayed on or
through the Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution
of the Sites or the collective work is prohibited. Copying or reproducing the
sites or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited. You will not reproduce, duplicate
or copy Content from the Service, and will abide by any and all copyright
notices displayed on the Service. You will not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code contained in
the Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit any aspect of the Service. You grant,
and you represent and warrant that you have the right to grant, to citybizlist
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute Content provided to it by you and to
prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
USE OF THE CITYBIZLIST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE
CITYBIZLIST SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ALL WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED;, CITYBIZLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CITYBIZLIST SITE AND
THE SERVICE; FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
CITYBIZLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
CITYBIZLIST SITE; AND/OR ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN CONNECTION WITH THE CITYBIZLIST SITE OR THE SERVICE.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CITYBIZLIST BE LIABLE FOR (i) DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS OR REVENUE, DAMAGE TO GOODWILL OR BUSINESS
INTERRUPTION (EVEN IF CITYBIZLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CITYBIZLIST SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CITYBIZLIST SITE
OR THE SERVICE, FROM INABILITY TO USE THE CITYBIZLIST SITE OR THE SERVICE, OR
THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
CITYBIZLIST SITE; OR (ii) DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CITYBIZLIST SITE
OR THE SERVICE OR ANY LINKS ON THE CITYBIZLIST SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
CITYBIZLIST SITE OR THE SERVICE OR ANY LINKS ON THE CITYBIZLIST SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you. YOUR SOLE
RECOURSE IS TO DISCONTINUE USE OF THE SERVICES, IF, HOWEVER, A COURT SHOULD
DETERMINE THAT THE FOREGOING LIMITATION OF REMEDY IS INVALID, THEN YOUR SOLE
RECOURSE IS TO RECOVER DAMAGES EQUAL TO THE FEES PAID BY YOU TO CITYBIZLIST
DURING THE TWO (2) MONTHS PRECEEDING THE OCCURRENCE WHICH GAVE RISE TO THE
CLAIM.
13. Indemnity
You will indemnify and hold citybizlist, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of
any of the representations and warranties herein, or your violation of any
rights of another.
14. General Information
The Terms constitute the entire agreement between you and citybizlist and
govern your use of the Service, superseding any prior agreements between you
and citybizlist. The Terms and the relationship between you and citybizlist
shall be governed by the laws of the State of Maryland without regard to its
conflict of law provisions. You and citybizlist agree THAT ANY CONTROVERSY OR
CLAIM RELATING TO THE SERVICE WILL BE LITIGATED ONLY BY BENCH TRIAL AND ONLY IN
THE STATE OR FEDERAL COURTS LOCATED IN BALTIMORE CITY, MARYLAND AND EACH OF YOU
AND CITYBIZLIST EXPRESSLY WAIVE TRIAL BY JURY. The failure of citybizlist to
exercise or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in
full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to abuse@citybizlist.com. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. Damages incurred by businesses such
as citybizlist resulting from breach of the Terms are difficult to quantify.You
will be liable to pay citybizlist liquidated damages as follows: a. If you post
a message that (1) impersonates any person or entity; (2) falsely states or
otherwise misrepresents your affiliation with a person or entity; or (3) that
includes personal or identifying information about another person without that
person's explicit consent, you agree that citybizlist in its sole discretion
may disclose identifying information about you to the victim, and that should
citybizlist bring a claim against you in court, that you will pay citybizlist
Two Thousand Dollars for each such message. b. If citybizlist establishes
limits on the frequency with which you may access the Service, or terminates
your access to or use of the Service, you agree to pay citybizlist Two Hundred
Dollars for each message posted in excess of such limits or for each day on
which you access citybizlist in excess of such limits, whichever is higher. c.
If you send unsolicited email advertisements to citybizlist email addresses or
through citybizlist computer systems, you agree to pay citybizlist Fifty
Dollars for each such email. d. If you post messages in violation of these
Terms of Use, other than as described above, you agree to pay citybizlist Two
Hundred Dollars for each such message. In its sole discretion, citybizlist may
elect to issue a warning before assessing damages.
16. Feedback
citybizlist welcomes feedback to this document –
feedback@citybizlist.com
|
|