CityMaps Terms and Conditions
Welcome to CityMaps. The following Terms and Conditions apply when you view or use the website located at www.citymaps.com (the “Site”) and all websites associated with the citymaps.com domain. Please review the following terms carefully. By accessing or using the Site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Site. For terms and conditions applicable to the use of the Site by Merchants whose businesses and locations are featured on our Site, please claim your store and refer only to the Merchant Terms and Conditions,
These Terms and Conditions include a release by you of all claims for damage against us that may arise out of your use of this Site. By using this site, you agree to this release.
ABOUT CITYMAPS SERVICES
CityMaps offers visitors a one-stop destination to access useful and hyper-local information about neighborhood places, such as location, reviews, real time announcements or promotions from the merchant, and direct links to reservations and ticketing systems. Visitors do not have to register in order to access this information. However, to access certain CityMaps features, such as creating personalized maps or posting comments regarding a specific Merchant, you will need to create a personalized account.
RULES FOR USER CONDUCT AND USE OF THE SERVICE
When you create your own personalized user account, CityMaps’ Service allows you to post comments and feedback (collectively “User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Your permission to use CityMaps is conditioned upon the Use Restrictions and the Conduct Restrictions.
USE RESTRICTIONS. You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s CityMaps account without permission;
- provide false or inaccurate information when registering an account on CityMaps;
- interfere or attempt to interfere with the proper functioning of CityMaps’ Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- will not use the communication systems provided by or contacts made on CityMaps for any commercial solicitation purposes;
- will not publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
POSTING AND CONDUCT RESTRICTIONS. The following rules pertain to User Content, defined as any communications, images, sounds, and all the material, data, and information that you upload or transmit through the CityMaps Service, or that other users upload or transmit, including without limitation any comments. By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your CityMaps account;
- You will not post information that is false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to CityMaps; and
- You hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
CityMaps takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of CityMaps’s Service is solely your responsibility. CityMaps is not responsible for any public display or misuse of your User Content. CityMaps does not, and cannot, pre-screen or monitor all User Content (or all Merchant Content). However, at our discretion, we or technology we employ may monitor and/or record your interactions with the service.
Though we strive to enforce our conditions, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but are not obligated, to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms and Conditions or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at Customer Support.
HOW YOU MAY USE OUR MATERIAL. You may use the Services, including the Sites, and any information, data, images, tools, results, content, applications and other material made available via the Services, including any such material that is owned by third parties (collectively, “Materials”) SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with the Terms. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) without the prior written consent of BestParking.com.
By posting any User Content on CityMaps, you expressly grant, and you represent and warrant that you have a right to grant, to CityMaps a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with CityMaps’s Services.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of our service, we provide you with convenient links to third party website(s), such as Merchants whose business locations are featured on the Site. These links are provided as a courtesy to our Site visitors. CityMaps has no control over linked websites or the promotions, materials, information, goods or services available on these third party websites. CityMaps is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked websites or any privacy or other practices of such websites. CityMaps may terminate any link at any time.
ACCURACY OF INFORMATION
CityMaps strives to accurately describe the merchants, as well as link to and provide updated information on the Site. However, CityMaps does not warrant that descriptions of Merchants’ products and services and information on the Site are current, complete or free from error. Instead, the merchants who have claimed a location are solely responsible for keeping their information about their business and location up to date and accurate. Moreover, to the extent that CityMaps displays content licensed from third party sites, such as CitySearch, only those third party content suppliers are responsible for the accuracy or completeness of the content they make available to CityMaps. You may access CitySearch terms here.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE TO CITYMAPS
Communications made through the Site’s e-mail and messaging system will not constitute legal notice to CityMaps or any of its officers, employees, agents or representatives in any situation where notice to CityMaps is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from CityMaps in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CityMaps provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
DISCLAIMER; LIMITATION OF DAMAGES; RELEASE
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CITYMAPS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CITYMAPS, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR INFORMATION OR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE CITYMAPS SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH CITYMAPS OR ANY OTHER USER OF THE CITYMAPS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CITYMAPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a dispute with one or more users or a Merchant featured on our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.”
You agree to defend, indemnify and hold harmless CityMaps, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to CityMaps; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of CityMaps.
MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms and Conditions. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
APPLICABLE LAWS; VENUE
These Terms and Conditions and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York.. Any action related to this Site will be filed only in the appropriate state or federal court located within the State of New York. By using this Site, you signify your consent to the jurisdiction of the state and/or federal courts of the State of New York.
SUGGESTIONS AND FEEDBACK
CityMaps welcomes your feedback and inquiries. If you have any comments or questions, please contact us by sending an email to email@example.com.