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Terms and Conditions

 

BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

 

Welcome to MyCityFaces.com! By accessing and using the MyCityFaces.com website("Website"), you are agreeing to the following Terms and Conditions. We encourage you to review the Terms and Conditions, along with the Privacy Policy which is incorporated by reference, as they form a binding agreement between MyCityFaces.com and you. In addition, because MyCityFaces.com may revise these Terms and Conditions from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms and Conditions on the Website. Please note that the changes become effective immediately at the time of posting. Remember that these Terms and Conditions apply only to the Website and does not apply to the content of third parties.

Basic Terms

  • You must be 18 years and older to use the Website.
  • You are responsible for any Postings related to your Profile.
  • You are responsible for keeping your password secure.
  • You are solely responsible for your conduct and any software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the Service.
  • You must not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members, and must comply with MyCityFaces.com Rules.
  • You may not use the Website for any illegal or unauthorized purpose. Members agree to comply with all local laws regarding online conduct and acceptable content.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Violation of any of these agreements can and will result in the termination of your MyCityFaces.com account.

ILLEGAL OR HARMFUL USE of This Website

 

You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos. We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
  • Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  • Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal.

Conduct And Content

 

Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that MyCityFaces.com or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, MyCityFaces.com and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

 

By transmitting, posting, linking or uploading Content to any part of the Website, the user represents and warrant that neither the content nor any parts thereof infringe upon the copyright or any other statutory or common- law intellectual property rights (including without limitation trademark, Website mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.

 

The user acknowledges that by providing Members with the ability to distribute Content, the Website is acting as a passive conduit for such distribution and MyCityFaces.com is not undertaking any obligation or liability relating to any Content or activities of its Members. MyCityFaces.com cannot prevent Members from placing prohibited content on the Website. Furthermore, MyCityFaces.com may elect at its sole discretion to monitor some, all, or no areas of the Website for adherence to these terms of Website or other terms and conditions that may be published by MyCityFaces.com from time to time. Upon notification of inappropriate material, MyCityFaces.com reserves the right, but not the responsibility to remove the Content from the Website. MyCityFaces.com further reserves the right to stop a member from accessing the Website upon receipt of complaints about the member's contributions and participation on the Website.

 

Copyright Regulations

 

Everything seen or read on the Website is owned by us or used with permission. The user may not copy, use, or retransmit anything for the Website without our express written permission. Furthermore, Members are not allowed to post or distribute any material without consent of the owners. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject the user to civil or criminal penalties.

 

MyCityFaces.com respects the intellectual property of others. MyCityFaces.com is in compliance with the Digital Millennium Copyright Act. If it is believed that work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please provide MyCityFaces.com Copyright Agent the following information:

 

An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest.

 

A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Website where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place.

 

A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published.

 

Your address, telephone number, and email address.

 

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

 

A statement by you made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

General

 

The provisions of these Terms of Website are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the user and MyCityFaces.com as reflected in the original provision.

 

Any delay or failure on the part of MyCityFaces.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

 

The user indemnifies and holds harmless MyCityFaces.com, and the officers, directors, employees, partners, principals, agents and representatives of MyCityFaces.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by the user of any covenant, representation or warranty made pursuant to these Terms of Website.

 

All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Website, including without limitation all of the user's representations, warranties and indemnification obligations.

 

The Terms of Website shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles. The user and MyCityFaces.com consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County for resolution of any and all disputes arising out of or related to the Terms of Website.

 

Limitation of Liability

 

To the full extent permissible under the applicable law, MyCityFaces.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Website.

 

In no event shall MyCityFaces.com have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Website or any information, advice, or Websites provided on or downloaded from the Website or accessed on the Internet from the Website, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to the user. In such states, MyCityFaces.com liability is limited to the greatest extent permitted by law.

 

The Website contains links to third-party World Wide Web sites and other resources. MyCityFaces.com assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or Webmaster.

 

The information, advice, facts, opinions or other content appearing on the Website posted by Members or third parties are those of the respective authors and do not reflect the views of MyCityFaces.com. MyCityFaces.com assumes no responsibility or liability for these materials.

 

Links to Third Party Sites

 

Any third-party sites to which the Website may link are not under MyCityFaces.com control, and MyCityFaces.com does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, MyCityFaces.com does not intend links contained on the Website to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

 

BECOMING A MEMBER AND REGISTERING ON THE WEBSITE.

 

When you register on the Website we may ask you to provide us with certain personal information about yourself including, without limitation, your name, address, telephone number, email or other electronic address and applicable billing information (e.g., credit card number and expiration date) (collectively, "Your Information"). Please review our Privacy Policy for clarification on how we may use Your Information and other information that you may provide or submit while using the Website and our Websites. For your part, you agree that all Your Information that you provide to us or post on the Website is complete, accurate and up to date. You will notify us of any changes to Your Information. If you fail to update Your Information or if all or part of Your Information is (or appears to be) untrue, inaccurate, or incomplete we may suspend or terminate your membership and refuse any and all current or future use of our Website and Websites, without refund to you of any fees paid.

 

Without limiting any of the foregoing, you are responsible for ensuring that the email address you submit to the Site as part of your registration and during the course of your membership is valid and that the Websites, software or systems you use to access your email ("email Systems") do not block or filter MyCityFaces.com Communications. Please note that your work email may be subject to additional limitations placed on its use by your employer. We ask that you use your personal email address when registering as a member. If you choose to register with your work email, or use an email System that interferes with the delivery of MyCityFaces.com Communications, we may not be able to provide you with certain Websites.

 

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Your Information, IP address and traffic information, usage history, and Content you have posted on the Website. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

 

Your Password. During the registration process we will provide you with a unique registration number. We will also ask you to create a password. Because any activities that occur under your registration number or password are your responsibility it is important for you to keep your registration number and password secure. Notify us immediately if you believe that someone has used your registration or password without your authorization.

 

Communications. From time to time we will send you communications, in keeping with our Privacy Policy and as otherwise permitted in these Terms and Conditions ("MyCityFaces.com Communications"). Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of email Systems that may use filtering or blocking techniques that are intended to block email. MyCityFaces.com is not responsible for the actual delivery or your actual receipt of these communications.

 

SUBMITTING OR POSTING CONTENT.

 

When you participate in the MyCityFaces.com community you are granting MyCityFaces.com certain rights to use the Content you submit or post through the Website. By submitting Content you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Content; and the right to sublicense any or all of these rights. You acknowledge that MyCityFaces.com owns all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Content. Please remember that you are ultimately responsible for all Content that you provide and you warrant and represent that: (i) the Content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided in this Section 3, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Content, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Content, including, without limit, any photograph you may provide.

 

SUBSCRIPTION SERVICES

 

Subscription Services. To post your Profile through the Website it requires a fee-based subscription (all fee-based subscriptions are referred to as "Subscription Services"). Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time the Subscription Services may change, without prior notice.

 

Canceling Subscription Services. You may terminate Subscription Services at any time by contacting our Support Dept. If you have a dispute with us relating to the Website or the Subscription Services, you may cancel the Subscription Services. The cancellation of Subscription Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. Any such termination or cancellation is subject to the no-refund policy described below. Please remember that if we determine, in our sole discretion, that you are not complying with the Terms and Conditions (including, without limit, the Community Guidelines therein), we reserve the right to terminate your Subscription Services. Upon any termination or cancellation of your Subscription Services, we may immediately deactivate or delete your Website membership and all related information and/or bar any further access by you to the Website.

 

Payment. You will be charged 30 days in advance for use of Subscription Services. Prices for all Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth on the Website. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to MyCityFaces.com for any reason, MyCityFaces.com reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.

 

Refund Policy. All payments received by MyCityFaces.com are non-refundable.

 

Automatic Withdrawal Program. If you are participating in the MyCityFaces.com Withdrawal Program, MyCityFaces.com will automatically renew your subscription every month until written notice is sent requesting cancellation, to ensure that there is no interruption of your member privileges. MyCityFaces.com will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. Unless you provide MyCityFaces.com with prior written notice that you are canceling your subscription, we may renew your subscription without further authorization from you. Please note that even if you provide us with notice, it will not affect charges submitted before MyCityFaces.com can reasonably act. Please contact the MyCityFaces.com Support Department (to cancel your automatic renewal, cancel your subscription, or change your payment method.


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