Terms of Use - CityLightsGuide

Featured Listings are subject to and governed by these Additional Terms Applicable to Featured Listings (the "Additional Terms") as well as the CityLightsGuide Terms of Use. In the event of any conflict between these Additional Terms and the Terms of Use, these Additional Terms control. Capitalized terms that are not defined in these Additional Terms will have the definitions appear in the CityLightsGuide Terms of Use.
These Additional Terms, including the Terms of Use, constitute the entire agreement between you and Company regarding purchases you make on CityLightsGuide, superseding any prior agreements between you and Company relating to such purchases.

PLEASE READ THESE ADDITIONAL TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. WHEN YOU CREATE A FEATURED LISTING ACCOUNT, YOU ARE AGREEING TO ABIDE BY THESE ADDITIONAL TERMS AND THE OTHER TERMS SET FORTH IN THE CITYLIGHTSGUIDE TERMS OF USE.

Authorization
CityLightsGuide Featured Listings may only be set up for the purpose of promoting a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, products and celebrities), and only by an authorized representative of the entity or individual that is the subject of the Featured Listing. By creating a Featured Listing, you represent and warrant that you are authorized to do so by the person or entity that is the authorized subject, owner and manager of the Featured Listing, and to accept these Additional Terms and the CityLightsGuide Terms of Use on such person's or entity's behalf. When you create a Featured Listing, you must designate one or more contact persons who are authorized to operate and edit the Featured Listing.

CityLightsGuide does not review Featured Listings to determine if they were created by an appropriate party, and is not responsible for any unauthorized Featured Listings that may appear on the Site. If there is any dispute as to whether a Featured Listing has been created or is being maintained by an authorized representative of the individual or entity who is the subject of that Featured Listing, then CityLightsGuide shall have sole right, but is not obligated, to resolve such dispute as it determines is appropriate in its sole discretion. Such resolution may include, without limitation, deleting or disabling access to Featured Listing Account or any portion thereof at any time without notice or refund of money.

Organizations or groups that promote or glorify hatred, violence, intolerance, racism or discrimination may not set up Featured Listing Accounts. CityLightsGuide reserves the right to delete or disable access to any such Featured Listing Accounts without notice or refund of money.

Content
You are solely responsible for the creation, use and content of your Featured Listing Account and the URL you choose to be associated with your Featured LIsting (your "CityLightsGuide URL"). CityLightsGuide Featured Listings may include commercial content (Commercial Content), and may be used to conduct commercial activities, including but not limited to transactions, advertising, fundraising, contests, or promotions (Commercial Activities). Such Commercial Content and Commercial Activities may not be unlawful, fraudulent, false, or misleading in any manner.

All content contained in CityLightsGuide Featured Listings must, when applicable, continuously comply with the CityLightsGuide Terms of Use, and the CityLightsGuide Code of Conduct. CityLightsGuide reserves the right to delete or disable access to any CityLightsGuide Featured Listing or any content that fails to comply with the terms of this section at its sole discretion without notice or refund of money.

Trademark Policy
You represent and warrant that your CityLightsGuide Featured Listing, including any content contained therein, and your CityLightsGuide URL do not infringe in any way upon, discriminate against or violate the trademark or other rights of any third party. Although CityLightsGuide has no obligation to screen or monitor any CityLightsGuide Featured Listing or CityLightsGuide URL, CityLightsGuide reserves the right, but is not obligated, to resolve any complaints, disputes, or potential disputes regarding the infringement of any third party trademarks in connection with your CityLightsGuide Featured Listing or CityLightsGuide URL in any manner it deems appropriate in its sole discretion. You agree to abide by and cooperate with the resolution of any such dispute as determined by CityLightsGuide, which may include, without limitation, deleting, changing or transferring control of a CityLightsGuide URL or deleting or disabling access to a CityLightsGuide Featured Listing Account or any content contained therein.

Privacy
If you collect or have access to any personal information from users (including without limitation personal information contained in any User profile), you agree to have users expressly authorize such collection or access, and any subsequent use, through an express opt-in process. You agree to use any such personal information only for the express purpose for which such personal information was provided by the user. You further agree not to share such personal information with any third party, except for service providers who are assisting you in carrying out the business you conduct on your CityLightsGuide Featured Listing and who are obligated to protect the privacy of such information and not to use such information for any purpose other than that for which it was provided. You agree to use reasonable measures to protect the security of any personal information you collect from users.

Indemnification
In addition to the indemnities provided in the CityLightsGuide Terms of Use, you agree to defend, indemnify and hold Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or relating in any manner to your creation, operation and/or use of any CityLightsGuide Featured Listing, including without limitation any claims relating to: (a) the content and information contained in your CityLightsGuide Page, including Commercial Content; (b) your CityLightsGuide URL; (c) your collection, use, storage or sharing of any user personal information; or (d) any Commercial Activities conducted through the Site.

Modifications
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Additional Terms at any time without further notice. If we do this, we will post the changes to these Additional Terms on this page and will indicate at the top of this page the date these terms were last revised. You agree to waive any specific notice of such changes, and your continued use and operation of the CityLightsGuide Featured Listing after any such changes constitutes your acceptance of the new Additional Terms. It is your responsibility to regularly check the Site and seek out updates to determine if there have been changes to these Additional Terms.

Purchase Qualifications; Account Security
You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. CityLightsGuide sells its Featured Listings in good faith only to those users who can legally make purchases with a credit card. CityLightsGuide reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion without notice or refund of money.

Payment Method; Terms; Deactivation and Refund Policy
We accept most major credit cards and certain debit cards, as forms of payment. By submitting an order through CityLightsGuide, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States currency.

Prior to activation of your Featured Listing account and at any applicable time thereafter you agree to allow CityLightsGuide to charge your provided credit card or bank account and at stated regular intervals the agreed service fee amount for the stated period. You further authorize CityLightsGuide to charge your credit card or bank account for all subsequent period fees at, or a reasonable period in advance of, or following, the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with CityLightsGuide for the purpose of satisfying the CityLightsGuide charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of CityLightsGuide. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of CityLightsGuide.

The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding Featured Listing service. A listing of the presently available plans is available on the CityLightsGuide website located at www.citylightsguide.com.

Purchasing a CityLightsGuide Featured Listing Account is equivalent to purchasing an Advertising contract. Once you have agreed to these Additional Terms and Fees and selected a Service Plan, your Featured Listing Account cannot be cancelled or refunded once the billing cycle has commenced.

You may deactivate your Featured Listing account or change your service plan at any time. Your account will remain active, with appropriate monies being charged for your account to satisfy your contract/agreement with CityLightsGuide, until the end of your paid billing cycle and then become inactive. If you do not wish to renew your Featured Listing for the next billing cycle or wish to downgrade to a different plan, you alone are responsible for maintaining your account status and deactivating your account before the beginning of the next billing cycle to avoid service fees. Any such changes made to your account status will not be applied until the beginning of the next billing cycle and you will never be refunded any fees for a current and active billing cycle.

If you upgrade your Featured Listing account plan to a plan of higher value, you will enter into a new billing cycle and be charged accordingly. Your previous balance will be pro-rated by the time remaining at a rate in accordance with your previous plan and this amount shall be awarded to you only in the form of a service credit to your account and will be applied immediately to your new billing cycle.

Taxes
User will be responsible for payment and filing of any applicable sales or use tax, duties, or other governmental taxes or fees in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sales, and, if applicable and demanded by law, Company reserves the right to collect such taxes or other fees from you at any time.

Returns
There are no returns or cancellations for any intangible property or services purchased from Company, including without limitation Featured Listing Account services or Other Advertising Services. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.

Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services in an attempt to provide you with new products and services. Company may revise, discontinue or modify products or services, including to the point wherein they become unavailable, at any time without notice or refund of money. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value (according to Company's sole discretion) when an item or service is unavailable, or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on CityLightsGuide, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value at least equal to, but not necessarily exceeding, the amount charged to your credit card. CityLightsGuide reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.

Warrantees and Limitations
CityLightsGuide makes every reasonable effort to maintain operation of the CityLightsGuide service, however because many events and circumstances are beyond the control of CityLightsGuide, CityLightsGuide does not in any way warrant or otherwise guarantee the availability of the CityLightsGuide system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of CityLightsGuide or any other provider, host or vendor in connection with such a problem.

THE CITYLIGHTSGUIDE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

In general, CityLightsGuide has no control over information contained on, deleted from, or broadcast over the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. CityLightsGuide accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals, organizations, entities, websites and companies with whom you may deal. CityLightsGuide provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the CityLightsGuide system.

It is your sole responsibility not to engage in copyright infringement, act unlawfully, or engage in libel. You specifically hereby waive any claim against CityLightsGuide for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits (present and/or future), damage to reputation or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO CITYLIGHTSGUIDE IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL CITYLIGHTSGUIDE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

Force Majeure
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, electrical failures, computer and server failures and interruptions, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

Disclaimers
SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Additional
You may not imply, claim, advertise or state any affiliation with, endorsement by, or ownership of CityLightsGuide. The relationship between you and CityLightsGuide shall begin as, and always remain to be, one between advertiser and broadcast medium.

CityLightsGuide reserves the right, at its sole discretion and without refund, to suspend and/or delete your site and affiliation with company due to any infringement or violation of this agreement.

CityLightsGuide shall be held harmless for any failure by, business practices of, claims made by, products and services sold by, or business losses of, Featured Company. Business lost or gained shall not be the responsibility of or attributed to CityLightsGuide.