fbpx

Terms of Use

Welcome to CityXcape. We hope you have fun and find our app useful. By accessing our servers, websites, or app content therefrom (together, “CityXcape”), you agree to these Terms of Use (“TOU”), last updated Oct 12, 2018.

LICENSE.

This site is intended only for users who are 18 or older. If you are under 18, you do not have permission to access this site.

If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access CityXcape in compliance with this TOU. Unlicensed access is unauthorized.

You agree not to license, distribute, make derivative works, display, sell, or “frame” content from CityXcape.

You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to own, use, copy, perform, display, distribute, and make derivative works from content you post.

USE.

You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with CityXcape, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use.

Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited.

Misleading, unsolicited, unlawful, and/or spam postings/email are prohibited.

You agree not to collect users’ personal and/or contact information (“PI”).

MODERATION.

You agree we may moderate CityXcape access and use in our sole discretion, e.g. by blocking (e.g. IP addresses or user accounts), filtering, deletion, delay, omission, verification, and/or access/account/license termination.

You agree (1) not to bypass site or app moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

All site or app rules, e.g. CityXcape.com/about/prohibited, are incorporated herein and may amended and or modified at any time without notice. If notice is given, that does not constitute a waiver of this section.

SALES.

You authorize us to charge your account for CityXcape fees when in-app purchases are made.

Unless noted, fees are in US dollars; tax is additional.

To the extent permitted by law, fees are nonrefundable, even for announcements we remove.

We may refuse purchases, and may place a hold on your account.

DISCLAIMER.

We will comply with all relevant law, and will terminate any client who does not also comply with all relevant law.
To the extent permitted by law,
(1) we make no promise as to CityXcape, its completeness, accuracy, availability, timeliness, propriety, security or reliability;
(2) your access and use are at your own risk. CityXcape is provided “AS IS” and “AS AVAILABLE”;
(3) You agree to indemnify and hold harmless CityXcape for any issues arising from:
(a) user content;
(b) user conduct, e.g. illegal conduct;
(c) your CityXcape use; or
(d) our representations;
(4) WE AND OUR OFFICERS, INVESTORS, DIRECTORS, EMPLOYEES (“CITYXCAPE ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
(5) CITYXCAPE ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL);
(6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100.
CLAIMS.

You agree

(1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your CityXcape use is governed by Delaware (“DE”) law regardless of your location or any conflict or choice of law principle;

(2) Claims must be resolved exclusively by state or federal court in Delaware (except we may seek injunctive remedy anywhere);

(3) to submit to personal jurisdiction of said courts;

(4) any Claim must be filed within 1 year after it arose or be forever barred;

(5) not to bring or take part in a class action against CityXcape Entities;

(6) (except government agencies) to indemnify CityXcape Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your cityXcape use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and

(8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.20 per server request, $10 per post, email, flag, or account created, $100 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC.

Users complying with prior written licenses may access CityXcape thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data.

Close Menu