Use of the 1010City.com Service is at your own discretion. 1010City.com is not liable for claims made by you relating to the Service.
Please read this User Agreement carefully. It contains important contract rights and obligations between you and 1010City.com Holdings, Inc. ("1010City.com"), as well as important limitations on those rights. Agreement to these terms is required for your continued use of the Service and access to our Web site. By clicking the box, "I Accept" located at the end of this Agreement, and by accessing or using the Service thereafter, you accept this User Agreement and agree to be bound by each of its terms.
USER AGREEMENT
1. The 1010City.com Service ("the Service") consists of services, information and other content provided by 1010City.com, its licensors, Users, and other third parties. This Agreement and any other terms, conditions or operating rules published or displayed from time to time, over the Service constitute the entire User Agreement (collectively, the "User Agreement") between 1010City.com and User (defined as one who has registered with 1010City.com as a 'Local' for the Service), with respect to the Service and your use thereof.
2. Upon notice published or displayed over the Service, 1010City.com may modify or supplement this User Agreement and may discontinue or revise any or all other aspects of the Service (including access to support services, publications and other products or services ancillary to the Service) in its sole discretion and without prior notice. In particular, 1010City.com specifically reserves the right in its sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Service. Your access to or use of the Service on or after notice of such changes are published or displayed over the Service, constitutes your acceptance of such modifications.
3. Subject to the terms of this User Agreement, 1010City.com grants to User a personal, non-exclusive, non-assignable and non-transferable license to use and display all software included in the Service ("Software") on any machine(s) of which User is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Although User may designate others to use the Service in accordance with the terms of this Agreement, a User may not sublicense, assign or transfer this license or the Software. 1010City.com may, at its discretion, with or without cause, revoke the license granted to User. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, or distribute any of the information available through the Service or any e-mail or other communication by or between Users and/or 1010City.com, or make any use of any such information or the facilities of 1010City.com that would allow a non Local third party to have access to the Service and the benefits thereof.
4. User shall be responsible for all use of the Service accessed through User's account, as defined by User's cookie(s), password(s), or authentication certificate(s), and hereby ratifies and guarantees any obligations entered into or assumed by others who use the Service through User's account. User acknowledges that (since the Service allows Users and others to distribute content) the Service may contain materials and/or links to materials that some Users or others may find objectionable, despite the prohibitions in Section 7 of this Agreement. As a result, you acknowledge and agree that 1010City.com has no control over (or liability for) the quality, safety or legality of the products posted, the truth or accuracy of the postings or the performance by any User of any obligation. You assume responsibility for, and acknowledge that 1010City.com has no responsibility for and you agree to indemnify and hold 1010City.com harmless from any loss 1010City.com may suffer from your use of the Service.
5. User expressly
agrees that use of the Service is at User's sole risk. Neither
1010City.com nor any of its information providers, licensors, suppliers,
employees, or agents that provide access to the Service
(a) warrant that the Service will be uninterrupted or error free,
(b) make any warranty as to the results to be obtained from use of the
Service,
(c) shall be liable for any direct, indirect, incidental, special, or
consequential damages arising out of the use of the Service or inability
to use or gain access to the Service or out of any breach of any warranty,
or damages related to any virus transmitted or received through use of the
Service.
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT. USER AGREES THAT IT WILL NOT HOLD 1010CITY.COM RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHICH 1010CITY.COM CONTRACTS TO OPERATE VARIOUS AREAS ON THE SERVICE).
6. The disclaimer of
liability set forth in paragraph 5 above applies, but is not limited to,
any losses, damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of
information, in any way relating to or arising out of use of the Service
or the attempted use thereof or any transactions between Users, whether
for breach of contract, tortuous behavior, negligence (whether of
1010City.com or otherwise), or any other cause of action.
Notwithstanding the foregoing or any other limitations on liability set
forth in this Agreement, if a User becomes entitled to any recovery
against 1010City.com, each User agrees that its recovery shall be limited
to the amount of any fees or payments paid to 1010City.com by reason of
such User's use of the Service.
7. User agrees not to
upload, add to the Service, post or otherwise publish on or over the
Service, and not to seek on or over the Service, any software, file,
information, communication or other content:
(a) which violates any law, statute, ordinance or regulation or infringes
upon the rights, including intellectual property rights, of any other
person or entity;
(b) which, under the circumstances and in 1010City.com’s reasonable good
faith judgment, is, or is likely to be perceived by an intended recipient
or target as, defamatory, deceptive, misleading, abusive, profane,
pornographic, offensive or inappropriate;
(c) which is unsuitable for minors (persons under 18 years of age);
(d) which constitutes a threat to, harassment of, or stalking of another;
(e) which adversely affects the performance or availability of the Service
or 1010City.com resources;
(f) which contains any virus, Trojan horses, time bombs, worm, harmful component or corrupted data or other computer program
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information;
(g) which, without the approval of 1010City.com, contains any advertising,
promotion or solicitation of goods or services for commercial purposes; or
(h) which is inaccurate, fraudulent, fictitious, counterfeit or stolen.
User acknowledges that 1010City.com will not be required to edit or review for accuracy or appropriateness any content within the Service. User further acknowledges that 1010City.com cannot and does not confirm that each User is who they claim to be.
8. 1010City.com reserves all copyrights and other rights in and to any content available through the Service that is identified as, claimed by 1010City.com as, or known by User to be, proprietary to 1010City.com (or its licensors or suppliers). The content on the Service is protected under applicable copyright law, including as a collective work. User acknowledges that the configurations, displays, screens, and all information appearing on or displayed in connection with or contained in 1010City.com’s Service, including 1010City.com’s domain name, logo, mark and trade name (collectively, "1010City.com’s Proprietary Properties") are covered by various intellectual property right protections, including domestic and international copyright, trademark, patent and trade secrecy laws. 1010City.com reserves all rights with regard to 1010City.com Proprietary Properties and intends to vigorously defend 1010City.com Proprietary Properties, including seeking injunctive relief, damages, and legal costs.
User agrees that it will not directly or indirectly copy or reproduce all or any part of the 1010City.com Proprietary Properties, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without prior written permission from 1010City.com.
User acknowledges that 1010City.com and/or third-party content providers remain the owners of the information on 1010City.com’s Service, and that User does not acquire any of those ownership rights by printing or downloading any of the information or software codes or making use of the Service. In addition, other trademarks appearing through the use of the Service and information specifically related to certain companies may also be subject to the rights of other parties. User agrees to respect, and not in any way to violate, such third party rights.
In the event you believe that there has been a violation of your copyright or trademark on our site and you want us to address such issue, we have adopted and posted an infringement policy to handle your concerns. The infringement policy is incorporated herein by reference. Each User, by agreeing to the terms hereof, acknowledges that they have read and understood our infringement policy and agree to utilize same with respect to any alleged copyright or trademark infringements.
9. Each User, and any user of a User's account, who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the Service grants to 1010City.com (and to 1010City.com’s designated licensees, transferees, designees and contractors) an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with 1010City.com’s business (and that of 1010City.com’s designated licensees, transferees, designees and contractors), such software, files, information, communications and other content, regardless of the medium, technology or form utilized by 1010City.com in the exercise of this grant.
10. 1010City.com may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities "Aggregate Information". Aggregate Information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular User of the Service. The foregoing shall not be construed to limit 1010City.com’s use of other information not addressed in this Section 10. 1010City.com will be free, in its reasonable discretion and without notice, to provide User information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity, and to maintain and use internally such information and records. 1010City.com may also provide online and e-mail communications to its Users on matters pertaining to the Service, its features, its sponsors, or its use without compensation to Users, but shall do so reasonably and in good faith. User acknowledges that communications within the Service may be monitored or reviewed for quality control and other reasonable business purposes. User also acknowledges that advertising and promotion may occur on the Service and that User shall not have any claim with respect to any proceeds from such activities.
11. This User Agreement is made in the Province of Ontario, and shall be governed by and construed in accordance with the laws of the Canada and of the Province of Ontario. Any cause of action of User or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or same shall be barred. In the event of a dispute, the prevailing party shall be entitled to an award of fees and costs, including attorney's fees.
12. User agrees to indemnify and hold harmless 1010City.com and its employees and directors, shareholders, information providers, licensors, suppliers, and agents against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of User's account. This includes, without limitation, responsibility for all consequences of User's (or that of any user of User's account) violation of this User Agreement.
13. This User Agreement is for the benefit of 1010City.com and its employees and directors, shareholders, information providers, licensors, suppliers, and agents and each shall have the right to assert and enforce such provisions directly on its own behalf.
14. The Service permits advertising to appear on its pages. By responding to any advertisement, you waive any claims against 1010City.com for damages for whatever reason arising from the voluntary or involuntary interaction with such advertisement or your reliance upon statements in such advertisement. By permitting advertising, 1010City.com makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any advertisement that may appear online within the confines of the Service or about the confidentiality of any direct or indirect communications, responses or actions related to or arising from such advertising or any other matters arising directly or indirectly through any contact with any third party including the introduction of any virus. 1010City.com specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements.
15. The Service employs security measures consistent with those employed in the on line industry. Please be advised that while such security features diminish the likelihood that information or communications will be compromised or lost, no technology is totally tamper-proof. Accordingly, 1010City.com advises each User not to communicate highly sensitive personal or business information over the Internet that absolutely cannot be lost. 1010City.com disclaims responsibility for any such communication and for the unauthorized breach of its system or misuse of confidential data. 1010City.com also recommends that Users employ security procedures on their own computers and systems to also reduce vulnerability to unauthorized third party access. Be advised that in the unlikely event of tampering, hacking or misuse by any person, 1010City.com reserves the right to take any and all actions at law or equity appropriate to protect its legal interests.
16. As a convenience to Users, located within the Service are special routing icons (hypertext links) the activation of which may allow you to view and interact with other web sites. You will know that you are no longer on 1010City.com’s Web site when you see a new address in the search box. The external online resources to which external links connect and the interaction that may occur, will not be governed by 1010City.com’s policies, but instead by other third party Web site terms, conditions, policies and laws. Such external sites may also charge fees or charges and may have no or few security features compared with those offered by 1010City.com. Familiarize yourself with the terms and conditions that apply to any site before interacting with it.
17. While 1010City.com collects certain registration information and other Aggregate Information, we understand the importance of protecting the privacy of our Users. Accordingly, we have adopted and posted our privacy policy on the Service. Such privacy policy is incorporated herein by reference. Each User, by agreeing to the terms hereof, acknowledges that they have read and understood our privacy policy and agree to be bound by the terms thereof.
18. With any User registration, we automatically capture the IP address and host name (if available) of the User's originating server. The IP address identifies the computer a User is working on, but does not reveal any personal information about the User. This information helps us to diagnose problems with our server. It also allows us to direct improvements to our Service by gathering broad, non-attributed demographic information about general patterns of User use of the Service.
19. Our Service employs cookie files. You acknowledge and agree to our use of cookie files. Our use of cookies is more fully described in our privacy policy.
20. 1010City.com will incorporate on all Web site's developed by Users of the Service, a small graphic image or logo that identifies your site as that of a customer participating in the 1010City.com, 1010web maker. These logos will be a permanent part of your 1010City.com site.
This Agreement, including any exhibits hereto constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of the Agreement. This Agreement may not be modified or amended except in writing signed by the party against whom the amendment is to be enforced or by, in the case of amendments made by 1010City.com, the posting of the amendments (or the Agreement, as so amended) on its Service. User shall not be entitled to assign or transfer any of its rights hereunder or allow any person to obtain the benefits of such rights (including, without limitation, allowing any third party to obtain access to the Service) without 1010City.com’s prior written consent.