Terms of Service
The following Terms of Service (hereinafter the "Terms") govern your access to and use of the services and Citygold's Web sites (hereinafter the "Services"), and any data uploaded, downloaded or appearing on the Services (together referred to as the "Content"). By using the Services you agree to be bound by these Terms.
For use of the Services, you accept sole responsibility for: any content you post, and for any consequences thereof. Keep in mind that any public Content you post will be available to anyone in the world to view...the nature of the Web, my friend!
Citygold Services may include advertisements from Citygold clients, which may directly apply to the Content or information on the Services, or searches made through the Services. Citygold grants you access to and use of the Services; in exchange, you agree that Citygold (and possible third party partners) may place advertising on the Services.
From time to time, we may need to contact you concerning service and/or maintenance announcements. These types of messages are mandatory for you to receive (sorry...no opt-out on these).
Your password is yours…your responsibility. Safeguard it! Please use "strong" passwords: ones that use a combination of upper/lower case letters, numbers and punctuation. Citygold will not be liable for any loss or damage arising from a "weakly chosen" password.
While we attempt to monitor all posted Content for appropriateness, we can't catch everything. We therefore cannot take responsibility for inappropriate Content posted by third parties. Citygold, at its sole discretion, will remove such content if necessary.
Under no circumstances will Citygold be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You retain rights to any Content you submit. As such, you also grant to Citygold a non-exclusive, royalty-free license to use, reproduce, modify, publish, display, and distribute such Content in any and all known or to-be-developed media and distribution methods.
All rights in and to the Services (excluding user-provided Content) are the exclusive property of Citygold. The Services are protected by copyright, trademark, and other laws of the United States and other countries. You may not use the Citygold name, logo, trademarks, images, domain names, and other distinctive brand features without expressed written permission from Citygold.
Content Restrictions; Use of the Services
We reserve the right, with no obligation, to remove or refuse to distribute any Content on the Services that we deem inappropriate or offensive. Users' accounts may be terminated for such behavior.
We also reserve the right to access, read, preserve, and disclose any information necessary to:
- conform to any applicable law, governmental request, or legal process,
- investigate security breaches or technical issues, and
- protect Citygold's rights and intellectual property, its users, and the general public.
You are prohibited from the following actions while accessing or using the Services:
- attempt to circumvent Citygold security measures or authentications;
- probe or test the vulnerability of any Citygold system or network;
- access or search (or attempts thereof) the Services by any means not expressely authorized by Citygold;
- forge TCP/IP packet headers in any posting;
- use the Services to send altered, deceptive or falsified information;
- attempt to interfere with the access of any user, host, or network, including, but not limited to, virus submission, flooding, spamming, or by automated creation of Content via scripts in such fashion as to overload the Services (a DoS attack).
Citygold takes every effort to respect the intellectual property rights of others. If you believe there exists a copyright infringement on the Services, please provide the following:
- identification of the alleged copyrighted work;
- reason as to why you believe it's copyrighted material;
- to whom the copyrighted material belongs;
- a statement that you are authorized to act on behalf of the copyright owner;
- your contact information (address, phone number, e-mail address).
Citygold reserves the right to act upon Content that is alleged to be infringing on another's intellectual property rights. Additionally, if a user continues to violate the intellectual property of others, Citygold will promptly terminate that user's account. For alleged copyright infringement matters, our copyright agent is:
You agree that your use and access of the Services or Content is at your own risk, provided on an as-is, as-available basis.
Without limiting the foregoing, CITYGOLD AND ITS BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, timeliness, or reliability of the Services or any content therein.
Citygold will be held blameless for any harm to your computer that results from your access to or use of the Services or Content.
Service outages can happen, both within and beyond our control. We therefore make no warranty or guarantee that the Services will be available on an uninterrupted basis.
Limitation of Liability
CITYGOLD AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS & EMPLOYEES, AND PARTNERS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- ACCESSIBILITY OR USE OF THE SERVICES;
- DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT BY A THIRD PARTY;
- CONTENT OBTAINED FROM THE SERVICES; AND
- UNAUTHORIZED ACCESS, USE OR MODIFICATION OF YOUR DATA TRANSMISSIONS, WHETHER OR NOT CITYGOLD HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS DESIGNED PURPOSE.
Some jurisdictions don't allow (a) the exclusion of certain warranties, or (b) the exclusion or limitation of liability for consequential or incidental damages. Therefore, the limitations above may not apply to you.
No waiver of any breach of any provision of these Terms 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 party to be charged therewith.
In the event that any provision of these Terms shall be illegal or otherwise unenforceable, such provision shall be severed from these Terms and the entire Terms shall not fail on account thereof, the balance of the Terms continuing in full force and effect.
These Terms are accepted in the State of Nebraska, and shall be enforced in accordance with and governed by the laws of the State of Nebraska.
Choice of Form
Any action arising out of or related to these Terms or the transaction herein described, whether at law or in equity, may be instituted in and litigated in the State or Federal Courts of the State of Nebraska. In accordance herewith, the parties hereto submit to the jurisdiction of the Courts of said State. Any party not a resident of Nebraska at the time of suit hereby appoints the Secretary of State of Nebraska as its agent for receipt of service of process.
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