1. ACCEPTANCE OF TERMS
CityBlack.com provides a collection of online resources, including classifiedads, forums, and various email services, (referred to hereafter as "theService") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular CityBlack.com services, you agree to abide by any applicable posted guidelines for all CityBlack.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with CityBlack.com in any way, your only recourse is to immediately discontinue use of CityBlack.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos,video, sounds, or other materials ("Content") posted on, transmittedthrough, or linked from the Service, are the sole responsibility of theperson from whom such Content originated. More specifically, you areentirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that CityBlack.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the CityBlack.com site and Content available through the Service may contain links to other websites, which are completely independent of CityBlack.com. CityBlack.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will CityBlack.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that CityBlack.com does not pre-screen or approve Content, but that CityBlack.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The CityBlack.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of CityBlack.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that CityBlack.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that CityBlack.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CityBlack.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 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."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutescopyright infringement, or your intellectual property rights have beenotherwise violated, please notify CityBlack.com's agent for notice of claims ofcopyright or other intellectual property infringement ("Agent"), at
abuse@CityBlack.com
or:
Copyright Agent
CityBlack.com
2934 Taylor Street
Dallas, Texas 75226
Please provide our Agent with the following Notice:
a) Identify the material on the CityBlack.com site that you claim isinfringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputeduse is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the aboveinformation in your Notice is accurate, and (2) that you are the owner ofthe copyright interest involved or that you are authorized to act on behalfof that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
CityBlack.com will remove the infringing posting(s), subject to the the proceduresoutlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
CityBlack.com has established a Privacy Policy to explain to users how theirinformation is collected and used, which is located at the following web address:
http://www.CityBlack.com/privacy
Your use of the CityBlack.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that CityBlack.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faithbelief that such preservation or disclosure is reasonably necessary to:comply with legal process; enforce the TOU; respond to claims that anyContent violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of CityBlack.com, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conductincluding but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same oropposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual orgroup of individuals on the basis of religion, gender, sexual orientation,race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunitylaws, including but not limited to, stating in any advertisement foremployment a preference or requirement based on race, color, religion,sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, thatviolates the anti-discrimination provision of the Immigration andNationality Act, including requiring U.S. citizenship or lawfulpermanent residency (green card status) as a condition for employment,unless otherwise required in order to comply with law, regulation,executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, aCityBlack.com employee, or falsely states or otherwise misrepresents youraffiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another personwithout that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, orconstitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or otherproprietary rights of any party, or Content that you do not have a right tomake available under any law or under contractual or fiduciaryrelationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:posted in areas of the CityBlack.com sites which are not designated for such purposes; or emailed to CityBlack.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowedin "services";
n) that advertises any illegal service or the sale of any items the sale ofwhich is prohibited or restricted by any applicable law, including withoutlimitation items the sale of which is prohibited or regulated by California law.
o) that contains software viruses or any other computer code, files orprograms designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negativelyaffects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwisemanipulated identifiers in order to disguise the origin of Contenttransmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawfulpurposes;
u) use automated means, including spiders, robots, crawlers, data miningtools, or the like to download data from the Service - unless expresslypermitted by CityBlack.com;
v) post non-local or otherwise irrelevant Content, repeatedly post thesame or similar Content or otherwise impose an unreasonable ordisproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category orforum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to CityBlack.com's computer systems orengage in any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of, the Service or theCityBlack.com website; or
y) use any form of automated device or computer program that enables the submission of postings on CityBlack.com without each posting being manually entered by the author thereof (an "automated posting device"), includingwithout limitation, the use of any such automated posting device to submitpostings in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on CityBlack.com's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from CityBlack.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from CityBlack.com.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements toCityBlack.com email addresses or through CityBlack.com computer systems, which isexpressly prohibited by these TOU, will use or cause to be used serverslocated in California. Any unauthorized use of CityBlack.com computer systemsis a violation of the TOU and certain federal and state laws, includingwithout limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 etseq.), Section 502 of the California Penal Code and Section 17538.45 of theCalifornia Business and Professions Code. Such violations may subject thesender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The feeis an access fee permitting Content to be posted in a designated area.Each party posting Content to the Service is responsible for said Contentand compliance with the TOU. All fees paid will be non-refundable in theevent that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that CityBlack.com may establish limits concerning use of theService, including the maximum number of days that Content will be retainedby the Service, the maximum number and size of postings, email messages, orother Content that may be transmitted or stored by the Service, and thefrequency with which you may access the Service. You agree that CityBlack.comhas no responsibility or liability for the deletion or failure to store anyContent maintained or transmitted by the Service. You acknowledge thatCityBlack.com reserves the right at any time to modify or discontinue theService (or any part thereof) with or without notice, and that CityBlack.comshall not be liable to you or to any third party for any modification,suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
CityBlack.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CityBlack.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
CityBlack.com permits you to display on your website, or create a hyperlinkon your website to, individual postings on the Service so long as such useis for noncommercial and/or news reporting purposes only (e.g., for use inpersonal web blogs or personal online media). If the total number of suchpostings displayed or linked to on your website exceeds one hundred (100)postings, your use will be presumed to be in violation of the TOU,absent express permission granted by CityBlack.com to do so. You may alsocreate a hyperlink to the home page of CityBlack.com sites so long as thelink does not portray CityBlack.com, its employees, or its affiliates in afalse, misleading, derogatory, or otherwise offensive matter.
CityBlack.com offers various parts of the Service in RSS format so that userscan embed individual feeds into a personal website or blog, or view postingsthrough third party software news aggregators. CityBlack.com permits you todisplay, excerpt from, and link to the RSS feeds on your personal websiteor personal web blog, provided that (a) your use of the RSS feed is forpersonal, non-commercial purposes only, (b) each title is correctly linkedback to the original post on the Service and redirects the user to thepost when the user clicks on it, (c) you provide, adjacent to the RSSfeed, proper attribution to 'CityBlack.com' as the source, (d) your use ordisplay does not suggest that CityBlack.com promotes or endorses any thirdparty causes, ideas, web sites, products or services, (e) you do notredistribute the RSS feed, and (f) your use does not overburdenCityBlack.com's systems. CityBlack.com reserves all rights in the content ofthe RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you byCityBlack.com immediately terminates said permission or license. In order tocollect, aggregate, copy, duplicate, display or make derivative use of thethe Service or any Content made available via the Service for otherpurposes (including commercial purposes) not stated herein, you must firstobtain a license from CityBlack.com.
13. TERMINATION OF SERVICE
You agree that CityBlack.com, in its sole discretion, has the right (but notthe obligation) to delete or deactivate your account, block your email or IPaddress, or otherwise terminate your access to or use of the Service (or anypart thereof), immediately and without notice, and remove and discard anyContent within the Service, for any reason, including, without limitation,if CityBlack.com believes that you have acted inconsistently with the letter orspirit of the TOU. Further, you agree that CityBlack.com shall not be liableto you or any third-party for any termination of your access to the Service.Further, you agree not to attempt to use the Service after said termination.Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright lawsand international treaties. Content displayed on or through the Service isprotected by copyright as a collective work and/or compilation, pursuant tocopyrights laws, and international conventions. Any reproduction,modification, creation of derivative works from or redistribution of thesite or the collective work, and/or copying or reproducing the sitesor any portion thereof to any other server or location for furtherreproduction or redistribution is prohibited without the expresswritten consent of CityBlack.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of CityBlack.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. CityBlack.com is a registered mark in the U.S. Patent and Trademark Office.
Although CityBlack.com does not claim ownership of content that its users post,by posting Content to any public area of the Service, you automaticallygrant, and you represent and warrant that you have the right to grant, toCityBlack.com an irrevocable, perpetual, non-exclusive, fully paid, worldwidelicense to use, copy, perform, display, and distribute said Content and toprepare derivative works of, or incorporate into other works, said Content,and to grant and authorize sublicenses (through multiple tiers) of theforegoing. Furthermore, by posting Content to any public area of the Service, you automatically grant CityBlack.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE CityBlack.com SITE AND THE SERVICE IS ENTIRELY ATYOUR OWN RISK. THE CityBlack.com SITE AND THE SERVICE ARE PROVIDED ON AN "ASIS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALLEXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THEFULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,CityBlack.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CityBlack.com SITE AND THESERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CityBlack.com DISCLAIMS ANYWARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THECityBlack.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ONTHE CityBlack.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CityBlack.comDISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS INCONNECTION WITH THE CityBlack.com SITE OR THE SERVICE. Some jurisdictions donot allow the disclaimer of implied warranties. In such jurisdictions, someof the foregoing disclaimers may not apply to you insofar as they relate toimplied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CityBlack.com BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CityBlack.comHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANYASPECT OF YOUR USE OF THE CityBlack.com SITE OR THE SERVICE, WHETHER THEDAMAGES ARISE FROM USE OR MISUSE OF THE CityBlack.com SITE OR THE SERVICE, FROMINABILITY TO USE THE CityBlack.com SITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CityBlack.com SITEOR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGESINCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH ORADVERTISED IN CONNECTION WITH THE CityBlack.com SITE OR THE SERVICE OR ANYLINKS ON THE CityBlack.com SITE, AS WELL AS BY REASON OF ANY INFORMATION ORADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CityBlack.com SITEOR THE SERVICE OR ANY LINKS ON THE CityBlack.com SITE. THESE LIMITATIONS SHALLAPPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,limitations of liability are not permitted. In such jurisdictions, some ofthe foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold CityBlack.com, its officers, subsidiaries,affiliates, successors, assigns, directors, officers, agents, serviceproviders, suppliers and employees, harmless from any claim or demand,including reasonable attorney fees and court costs, made by any third partydue to or arising out of Content you submit, post or make available throughthe Service, your use of the Service, your violation of the TOU, yourbreach of any of the representations and warranties herein, or yourviolation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and CityBlack.com andgovern your use of the Service, superseding any prior agreements between youand CityBlack.com. The TOU and the relationship between you and CityBlack.comshall be governed by the laws of the State of California without regard toits conflict of law provisions. You and CityBlack.com agree to submit to thepersonal and exclusive jurisdiction of the courts located within the countyof San Francisco, California. The failure of CityBlack.com to exercise orenforce any right or provision of the TOU shall not constitute a waiver ofsuch right or provision. If any provision of the TOU is found by a courtof competent jurisdiction to be invalid, the parties nevertheless agree thatthe court should endeavor to give effect to the parties' intentions asreflected in the provision, and the other provisions of the TOU remain infull force and effect. You agree that regardless of any statute or law tothe contrary, any claim or cause of action arising out of or related to useof the Service or the TOU must be filed within one (1) year after suchclaim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) forreview, or by emailing to:
abuse@CityBlack.com.org
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CityBlack.com to pursue legal action to enforce the TOU, you will be liable to pay CityBlack.com the following amounts as liquidated
damages, which you accept as reasonable estimates of CityBlack.coms' damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2)falsely states or otherwise misrepresents your affiliation with a person orentity; or (3) that includes personal or identifying information aboutanother person without that person's explicit consent, you agree to payCityBlack.com one thousand dollars ($1,000) for each such message.This provision does not apply to messages that are lawful non-deceptiveparodies of public figures.
b. If CityBlack.com establishes limits on the frequency with which you mayaccess the Service, or terminates your access to or use of the Service, youagree to pay CityBlack.com one hundred dollars ($100) for each message postedin excess of such limits or for each day on which you access CityBlack.com inexcess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to CityBlack.com emailaddresses or through CityBlack.com computer systems, you agree to payCityBlack.com twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay CityBlack.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, CityBlack.com may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of theTOU, in addition to any liquidated damages under clause (d), you agree topay CityBlack.com one hundred dollars ($100) for each and every Item of Conentposted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent inviolation of the TOU) agrees to pay CityBlack.com an additional one hundreddollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without CityBlack.com's express written permission, you agree to pay CityBlack.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay CityBlack.com's actual damages, to the extent suchactual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, CityBlack.com retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.