All material on the Site, including the CityNearBy logo, design, graphic, other files and the arrangement thereof are Copyright 2007-2008, CityNearBy.com, all rights reserved. Without LocalZipper'S prior written consent, you agree not to display or use in any manner the material on the Site.
The CityNearBy logo and the CityNearBy, and service marks and other CityNearBy products and service names are trademarks of CityNearBy.com, (the "CityNearBy Marks"). Without LocalZipper'S prior written consent, you agree not to display or use, in any manner the CityNearBy Marks.
CityNearBy has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. CityNearBy has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of CityNearBy or of a third party, or otherwise violated any intellectual property laws or regulations. LocalZipper'S policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want CityNearBy to delete, edit or disable the material in question, you must provide CityNearBy with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CityNearBy to locate the material; (d) information reasonably sufficient to permit CityNearBy to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to LocalZipper'S designated agent at:
By Mail: Copyright Agent c/o CityNearBy.com
2355 Westwood Blvd.
Los Angeles, CA 90064
In using the Site, you agree: not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites; Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites; or Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access. In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site.
CityNearBy works with a number of third parties whose websites may be linked with the Site. Because CityNearBy has no control over the content and performance of these third party websites, CityNearBy makes no guarantees about the accuracy, integrity, content or quality of the information or services provided by such websites, and CityNearBy assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those websites. Under no circumstances will CityNearBy be liable in any way for any information or services provided by any third party websites linked from the Site. You acknowledge that such linked sites may contain adult-oriented or offensive content. CityNearBy is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by CityNearBy of the site or any information contained therein. When leaving the Site, you should be aware that LocalZipper'S Terms of Service no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
You may create a hyperlink to the Site provided such link and the content associated with the link do not portray CityNearBy or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a CityNearBy logo or other proprietary graphic or trademark of CityNearBy to link to the Site without the express written permission of CityNearBy. This permission may be revoked at any time. You acknowledge that CityNearBy does not verify, endorse, or vouch for the companies or entities listed or advertised on the Site. Furthermore, the Site is not responsible for the delivery or quality of any goods or services sold or advertised by third parties through or on the Site.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CityNearBy reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. CityNearBy intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
CityNearBy HEREBY DISCLAIMS ALL WARRANTIES. CityNearBy IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CityNearBy EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CityNearBy DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
LocalZipper'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CityNearBy BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, in all disputes arising out of or related to the use of the Site.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These Terms of Service constitute the entire agreement between you and CityNearBy and governs and your use of the Site, superseding any prior agreements between you and CityNearBy with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CityNearBy services, third party content or third party software.
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM