Terms Of Use

TERMS OF USE AGREEMENT

Updated February 2015

READ ALL THE TERMS AND CONDITIONS VERY CAREFULLY.

CityScape Enterprises Inc. (also may also be referred to as Cityscape, CityScape, CITYSCAPE or use other business names or “we” or “us”) owns this website(s) (also referred to as “site(s)”) at domain name(s) ‘www.mycitymylocal.com’, ‘www.mycitymycoupon’. This agreement called Terms of Use Agreement, along with Privacy Policy available on this site state the terms and conditions (also referred to as “Terms”, “Conditions” or “terms and conditions”)  for gaining access to this site, visiting the site, use of any content on the site and use of this site in any manner. Any service, product specific terms or notices may be added at any time in the future and will be available on the website; such additions will become part of this agreement once added to this website. User (“Your”) acceptance of the terms and conditions is indicated once you access and start to use this site and as such you are unconditionally bound by these terms and conditions. If you find any of the terms and conditions unacceptable, you must stop using and accessing the site. This Agreement and any terms, conditions, notices may be revised at any time, for any reason and without prior notice, simply by updating this posting and any changes would become effective immediately. Once any part of this Agreement is modified, further use of this web site will imply your acceptance and agreement of revised terms. It is your responsibility to review this agreement on regular basis and if you do not agree with any changes made in the future, you must stop using the site and remove any uploaded or submitted content.

These Terms and Conditions shall apply to everyone using the site in any manner as publisher of any content (content shall refer to any form of current and future media like text, sound, pictures, movies and images, software, information, messages, logos), information of any kind, advertisement on the website, uploading/downloading of any content, provider of any service or product, user of any product or service.  As part of your acknowledgement of these Terms, you agree that Cityscape, at its sole discretion, at any time, without notice, change, alter, modify, cancel any feature, functionality, product offering, service offered via this website.

 

Use of Website

User (“You”) is granted permission to use this website for its intended purpose, in accordance with the Terms of Use Agreement and in return, you agree to following:

 

i.   Comply with all Terms and Conditions at all times.

ii.  You will only use the site functionality as it is intended, in lawful manner, in accordance with all rules/terms/regulations and will not make any attempts to break functionality, alter or modify content outside of expected use.

iii.  You will not use the website in any manner that would over burden, slow down, interfere with any website functionality or do anything which would impact the interaction of other users of the website.

iv.   Outside of your own content, you will not copy, publish or repackage any content or part of the website without Cityscape permission.

User (“You”) will need to create a login account to use certain features and functionality provided by the website.  You must agree to provide correct/valid/current information while creating this account and take responsibility to update the account information if there are any changes in the provided information.  You also agree to the following:

i.   You are responsible to make sure that you create strong password, protect your password and not provide your login credentials (user name or user id, password) to others.

ii.   You assume full responsibility for the use of your account, any and all activities undertaken with your account. If you give someone else permission to use your account, you are fully responsible and liable for their actions.

iii.   You will not use anyone else’s account without their permission.

iv.   Cityscape will NOT be liable for any loss or damage caused by unauthorized use of such account. It is possible that you may be liable for losses caused to Cityscape or any other users of this website by any unauthorized use of your account.

v.   You must notify Cityscape as soon as you detect or suspect any unauthorized use or if you discover any breach of security related to your account.

User (“You”) agree to use the website in acceptable and for its intended use and therefore, agree to the following:

i.   Agree to not make attempts to collect, in any manner, site user information, user account information for any purpose, not limited to solicitation.

ii.   Agree not to launch any attempts, by any means (such as automated tools, scripts, robots, etc.), which would not be considered normal use of the website, may break website functionality or impact website performance in any manner. 

 

Intellectual Property/Copyright Protection

This website contains various type of content, such as but not limited to software, images, logos, page layout, text, graphics, pictures, movies, sound, business information, etc. All content which is not uploaded by website Users/Advertisers/Listing Owners, is property of Cityscape and all User submitted content is property of User or Organization which uploaded such content.  All content is subject to Copyright and Intellectual property rights of Canada and International treaties and conventions.

All content is provided for your personal use or business use as per agreements with Cityscape and as such, content may not be sold, licensed, copied, distributed, transmitted, printed or used for any other purpose without express written consent of Content Owners (Cityscape or content submitters). Any content which is downloaded to any type of media, maintains the same Copyright protection and thus, any identity marks must not be removed, tampered or damaged in any manner.  You agree to not violate any provisions or exploit any content for any commercial purpose and use content only as expressly granted. You also agree to not break, work around or disable any seals, software features, marks or any other security means intended as means of Copyright protection.

 

Content Submitted by Site Users

This site has the features to allow Users of this site (“You”) to upload content (images, graphics, coupons, flyers, movies, text, etc.). You agree to following terms, in regards to any content that you upload to this site:

i.   You shall be responsible to verify that all upload content is your Property or you have rights, licenses, consent or permission to use this content and you have not violated any Copyright Laws. Cityscape is not responsible to validate the Content accuracy, authenticity, origin and/or ownership and will assume no such liability.

ii.   You will not submit any material that has any trade secret, is unlicensed, violates any privacy or publicity rules, has any form of proprietary ownership or rights not mentioned so far, unless such rights or ownership belongs to you.

iii.   You have sole responsibility for all content submitted on your account and as such, assume all consequences of posting and publishing such content. All content submitted to the website will be considered in Public Domain and Cityscape does not guarantee any confidentiality with respect to any submission. You must not submit any material that you wish to keep confidential. 

iv.   You have permission or consent of any individuals or names that can be identified in submitted content.

v.   You shall retain ownership of all content submitted to this site but as long as the content is posted on the website, you agree that by submission of content to this site, you have granted Cityscape a royalty-free, world-wide, non-exclusive, transferrable license which allows Cityscape to distribute, reproduce, display such content as permitted or intended by this website (or future versions of such websites or successor company to Cityscape) functionality.  This content may be used in promotions or sharing of such content with other websites or other media channels as part of advertisement and promotion. Cityscape shall not give you any credit or owe any type of consideration in return for using your submitted content.

vi.   Any content submitted should not be misleading, should be accurate, truthful and relevant, any claims, comparisons made in the advertisements and/or promotions should be verifiable by the buyers or customers of such advertisements and/or promotions. Advertisements and promotions should be safe for all users and should not violate user privacy and trust. There should not be any misrepresentations or false statements or claims.

vii.   Any submitted content must be considered acceptable for general public and not contain, not only limited to, promotion of messaging against a group, organization or an individual, hatred or promoting violence against any group based on race, color, sex, religion, sexual preference and/or age, pornographic content. Content must not be unlawful in any manner, must not be defamatory, considered inappropriate in any manner, cause or have potential to cause any type of civil liability to Cityscape or any User or Organization of this site. 

viii.   You must not post any Content, Comment which violates any terms mentioned so far, pretend to represent someone else, make any false opinion statements, reviews or recommendations, post any messages to solicit business or advertise any commercial interest.

ix.   Cityscape does not endorse, recommend, present advice in any manner, in regards to any and all Content on this website and expressly disclaims any responsibility and shall assume no liability in any manner associated with any and all Content submitted or posted on this website.

x.   If any Content or Submission on this website is found to be in violation of any policy, Cityscape should be notified and upon confirmation of stated violation, all such Content or Submissions will be removed from the website.

xi.  Cityscape can remove any Content on this website, on its sole discretion, for any reason whatsoever and do so, without providing any notice to the Submitter. You will have no recourse in such an event and agree to comply with Cityscape’s decision.

xii.   Cityscape can terminate User access to the website if User has violated any of the website policies, such termination can be at Cityscape’ sole discretion, without prior notice and User (“You”) agrees to comply with Cityscape’s decision.

xiii.   If at any point, You (as the Submitter) or You (as User of the website) or You (third party, observer or owner of any Copyrights) find that some content has been posted or submitted without proper ownership or express license or any Content that violates website policies, please notify us via contact email noted on this website or call us on the contact number listed on this website. You may need to submit proof of ownership, license or infringement of any kind by written submission, along with any documentation required to prove your ability to act as owner or agent in such matters, as per Copyright Laws. You will need to provide required documentation, pledge that you are providing valid information and have proper contact information. Once the violation is validated, we shall proceed as per website policies and remove such content from the website. 

xiv.   You must agree and understand that this website contains Content submitted by Users of this website and this content can come from sources not under Cityscape control. As such, Cityscape is not responsible for any accuracy, violation of any Copyrights or licenses, misleading material, value of the Content for any purpose, reliability, validity of all Content and Submissions on this website. It is possible that there will be Content or Submissions which violate policies, laws, are inappropriate, offensive, indecent, objectionable, incorrect, illegal and as User of the website, you understand and acknowledge that you would be exposed to all such Content. As part of using this website, in all such matters of said Content exposure, you hereby agree to waive, any and all legal remedies or rights that you may have against Cityscape and indemnify and hold Cityscape and all Cityscape directors, officers, owners, partners, harmless to the full extent allowed by law.

 

Privacy and Security Protection Limitations:

You are aware of and acknowledge that there are risks associated with using services offered by this website, such as, but not limited to, tampering of data, forgery, spoofing, hacking, password crack, spamming, unauthorized listening and using of any data transmitted or received, malicious software, scripts and tools which may cause damage to your computers, limitation in security and privacy protection features offered by the website, failure/malfunction or simple inability of security features to not work as expected, interception of messages or messages forwarded to incorrect address, third parties having access to your service provider or IP information, any information getting shared with unintended recipients.  

 

General Terms

All Terms mentioned herein are to be interpreted under and governed by Laws of BC (British Columbia), Canada. This website and its content may get hosted on multiple servers which may be located in various geographical locations outside of Canada and these locations may change over time, but website would be considered hosted in BC, Canada and as such governed by local laws. Any claim or dispute between you and Cityscape, which is related to this website or its use in any shape or form, must be handled by a court located in Vancouver, British Columbia, Canada.

Terms of this website, Privacy policy, any other notices posted on this website, along with any specific agreements signed for any form of Advertisement, shall constitute the entire Agreement between you and Cityscape, in regards to use of this website.  If any provision of this total Agreement (Terms) is found to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable and the remainder of the Agreement (Terms) shall remain valid and enforceable according to its terms. Any waiver of a given Term at one time does not imply waiver of other Terms or on-going waiver of such Term. Cityscape’s decision to not assert or enforce any provision or right under the Terms does not imply waiver of such provision or right.

You agree not to use, display or show affiliation for any trademarks, logos related to this website or other Cityscape properties, without the express written consent of Cityscape.

As a mutual agreement between Cityscape and yourself, all actions related to use of this website, must commence within one (1) year after cause of action accrues, after this time period is passed, any such cause of action is barred. 

 

LINKS

This web site may contain links to other related or non-related websites, third party websites. Any of the Agreement Terms from this site do not apply to any other linked site, CityScape does not control external sites and CityScape is not responsible for any linked site, policies or content on those sites. We do not control, sensor or edit content on such sites. CityScape makes no warranty or representation of any kind about the linked sites. The use of any linked site is solely at your risk and you accept full responsibility, expressly relieving Cityscape of any liability. We will not issue any warning when you leave our site, so you should be aware when you are no longer on this site and take the time to review policies of any linked site you visit.

 

DISCLAIMER

ALL CONTENT, FEATURES, SERVICES , PRODUCTS ON THIS WEBSITE (website, site or sites) ARE PROVIDED ‘AS IS’, ‘WITH FAULTS’, WITH NO GUARANTEE OF  SECURITY, ACCURACY, QUALITY, PERFORMANCE AND USE OF THE WEBSITE OR ANY LINKED WEBSITES AND ALL CONTENT IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME SOLE AND FULL RESPONSIBILITY. THERE IS NO IMPLICATION OF ANY WARRANTIES OF ANY KIND OR WARRANTY OF PRODUCT OR SERVICE AVAILABLE FROM THE WEBSITE BEING MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

CITYSCAPE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE THAT MAY OCCUR AS USE OF THE WEBSITE, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, INACCURATE CONTENT, BREACH IN OUR SECURITY WHICH MAY ALLOW SOMEONE TO GAIN UNAUTHORIZED ACCESS TO USER PERSONAL, PROFESSIONAL OR FINANCIAL DATA, ANY INTERRUPTION IN SERVICE FOR ANY LENGTH OF TIME, ANY WEBSITE FEATURES WHICH FAIL OR MAY NOT WORK AS EXPECTED, ANY FORM OF MALICIOUS SOFTWARE LIKE VIRUSES WHICH MAY GET TRANSMITTED TO USER COMPUTERS OR SERVERS FROM THE WEBSITE OR SOME THIRD PARTY,  ANY FORM OF LOSS WHICH MAY RESULT FROM THE CONTENT POSTED OR MAILED OR TRANSMITTED OR PROVIDED FROM THE WEBSITE. WEBSITE OPERATION MAY HAVE INTERRUPTIONS WHICH MAY NOT GET CORRECTED, WEBSITE FEATURE AND CONTENT CHANGES CAN BE MADE AT ANY TIME WITHOUT PRIOR NOTICE. CITYSCAPE MAKES NO COMMITMENT TO KEEP THE WEBSITE UP-TO-DATE, FIX ANY ERRORS IN FEATURES OR FUNCTIONALITY OR UPDATE CONTENT.

CITYSCAPE SHALL NOT BE RESPONSBILE OR LIABLE FOR ANY FORM OF WARRANTY, ENDORSEMENT OR CLAIM RELATED TO ANY ADVERTISEMENT, COUPON, FLYER, CONTENT FOR ANY PRODUCT OR SERVICE LISTED, OFFERED, ADVERTISED, PROMOTED VIA THE WEBSITE, BANNERS, EMBEDDED LINKS OR OTHER LINKED WEBSITES.

FOR ANY AND ALL TRANSACTIONS RELATED TO PRODUCTS AND SERVICES, OFFERED OR LINKED TO THIS WEBSITE, CITYSCAPE IS NOT A PARTY TO SUCH TRANSACTIONS AND WE DO NOT TRACK OR MONITOR ANY SUCH TRANSACTIONS. YOU AND PARTY OFFERING SUCH PRODUCTS OR SERVICES ARE FULLY RESPONSIBLE FOR CONDUCTING THE TRANSACTION AND ANY CONSEQUENCES WHICH MAY RESULT AS PART OF THIS PROCESS.  AS PARTIES TO SUCH TRANSACTIONS, YOU MUST TAKE STEPS NECESSARY TO MAKE SURE THAT TRANSACTION IS CONDUCTED IN A MANNER THAT YOU WOULD EXPECT.

 

LIMITATION OF LIABILITY

 

SUBJECT TO APPLICABLE LAW AND TO THE FULL EXTENT ALLOWED BY JURISDICTION LAW, IN NO EVENT SHALL Cityscape Enterprises Inc. (CityScape) ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CityScape KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND SHALL APPLY TO ANY FORM OF POTENTIAL CAUSE OF SUCH LOSS OR DAMAGES, SUCH AS, BUT NOT LIMITED TO, ERRORS, MISTAKES, OMISSIONS OR INACCURACIES, ANY TYPE OF PERSONAL OR PROPERTY DAMAGE, BREACH OF SECURITY RESULTING IN UNAUTHORIZED ACCESS TO USER INFORMATION, ANY TYPE OF SERVICE INTERRUPTION, ANY DAMAGE CAUSED BY MALICIOUS SOFTWARE TRANSMITTED TO YOUR COMPUTERS OR SERVERS, ANY DAMAGE OR LOSS CAUSED  BY ANY POSTED OR SUBMITTED CONTENT OR ANY EMAIL, MESSAGE, OFFER TRANSMITTED FROM THE WEBSITE. FURTHERMORE, IN NO EVENT SHALL CityScape BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE FAILURE OF CityScape TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

CityScape EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER RELATED TO USE OF ANY PART OF THIS SITE AND AS SUCH, YOU ACKNOWLEDGE THAT CITYSCAPE IS NOT LIABLE FOR ANY CONTENT OR USER SUBMISSIONS OF ANY KIND OR CONDUCT OF ANY USER OF THE WEBSITE AND YOU TAKE RESPONSIBILITY FOR ANY DAMAGE OR HARM OR LOSS WHICH MAY RESULT FROM ANY FORM OF CONTENT OR SUBMISSION. FUTHERMORE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITYSCAPE AND ITS DIRECTORS, OWNERS, EMPLOYEES, AGENTS, FROM AND AGAINST, NOT LIMITED TO, ANY DAMAGES, CLAIMS, LOSSES, COSTS, EXPENSES, LIABILITIES, DEBTS, INCLUDING ANY LITIGATION COSTS, RESULTING FROM YOUR USE AND ACCESS OF THE WEBSITE, POSTING OR SUBMISSTION OF ANY CONTENT, VIOLATION OF ANY TERMS, ANY PRODUCT OR SERVICES RELATED OR OFFERED ON THE SITE, ANY LOSS OR DAMAGES TO THIRD PARTY DUE TO YOUR CONTENT OR SUBMISSIONS OR ACTION RELATED TO SUCH. EVEN IF YOU STOP USING THE WEBSITE, THIS INDEMINFICATION AND DEFENSE OBLIGATION SHALL REMAIN IN EFFECT EVEN AS OTHER TERMS MAY NO LONGER BE IN EFFECT.

ANYONE ACCESSING THE SITE FROM JURISDICTION WHERE RULES, LAWS MAY BE DIFFERENT THAN CANADA, MUST DO SO AT THEIR OWN RISK AND CITYSCAPE SHALL MAKE NO EFFORT FOR ANY COMPLIANCE WITH LAWS OUTSIDE OF CANADA. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

IF YOU ARE NOT HAPPY IN ANY MANNER WITH THE WEBSITE, SERVICES, FEATURES, PRODUCTS, TERMS OR ANYTHING RELATED TO THE SITE, HAVE ANY COMPLAINTS OR CLAIMS AGAINST CITYSCAPE, YOUR ONLY OPTION AND SOLE REMEDY IS TO STOP USING THE WEBSITE, PRODUCTS AND SERVICES OFERED BY CITYSCAPE.

 

Acceptance and Assignment of Website Terms

This Website services are intended for persons of 18 years of age or older, and as such, you positively affirm that you are fully able, have consent, legal capacity, are competent to accept ALL Terms, conditions, obligations of this website and accept compliance with such Terms at your own free will. If you do not meet this condition or are unable to affirm or comply as stated, please stop using this website.

Neither the Terms of this website nor any of your rights, obligations, or benefits under this agreement may be assigned or transferred by you. Cityscape on the other hand, may do so at its sole discretion and in such event, all Terms shall remain binding on you as before.