Term of Use
• Acknowledgment and Acceptance
eCity services are provided to you, the User, under the terms and conditions of this Agreement and any amendments to the Agreement and any operating rules or policies (the Total Agreement) that may be published from time to time by eCity. The Total Agreement comprises the entire agreement between the User and eCity and supersedes any prior agreements pertaining to the subject matter contained herein. BY USING ANY FORM OF OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE Total Agreement.
• Description of Service
eCity is providing Internet users with a comprehensive collection of on-line resources, search engines, business listings, deals, weather, local news, classified ads, shopping, videos, entertainment, games, emails, chat media, social networking and public forums. eCity reserves the right to charge users for certain services. Users will be notified when services require payment. Beyond the boundary of our services, users must: (a) provide for users' own access to the World Wide Web and pay
any service fees associated with such access, and (b) provide all equipment necessary for users to make such connection to the World Wide Web, including a computer, wireless and modem.
• User's Obligations
In consideration of eCity providing the services, user agrees to provide true, accurate, current and complete information about user and posted ads as prompted by the Services. User must also maintain and update this information, known as Registration Data. If user provides any untrue, inaccurate, not current or incomplete information, eCity reserves the right to terminate user's privileges and refuse any or all-current or future use of the services. User understands that eCity is not credited for the materials posted, linked and transmitted through the Services.
• Member Conduct
» General Requirements
User agrees to abide by all applicable local, state, national, and international laws and regulations in user's use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of user's transmissions through the Services. User agrees not to transmit through the Services unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another. User shall not interfere with another user's use and enjoyment of the Services or another person or entity's use and enjoyment of similar services. User agrees not to transmit any material that violates any applicable local, state, national or international law or regulation, or that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services.
User agrees (a) not to use the Services for illegal purposes; (b) not to interfere with or conduct the Services or networks connected to the Services; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Services, and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
The Services make use of the Internet to send and receive messages; therefore, user's conduct is subject to Internet regulations, policies, and procedures. User agrees not to transmit junk mail, spam, chain letters, or unsolicited mass distribution of email.
» Content Limitations
User agrees to refrain from using the Services (or any of them) for any or all of the following activities:
(a) displaying material containing nudity or pornographic material,
(b) providing expressions of bigotry, prejudice, racism, hatred, or profanity,
(c) promoting or providing instructional information about illegal activities, or promoting any act of cruelty to animals,
(d) defaming any person or group,
(e) providing commercial services,
including but not limited to the following:
(1) spamming the eCity networks,
(2) soliciting for advertisers or sponsors,
(3) displaying a sponsorship banner or any kind, including those that are generated by banner or link exchange services, with the exception of those
requested to be displayed by eCity,
(4) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites,
(5) promoting or soliciting for participation in multilevel marketing or pyramid schemes, and
(6) conducting raffles or contests that require any type of entry fee,
(f) displaying material that exploits people under 18 years of age,
(g) developing restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page),
(h) using your page (or directory) as storage for remote loading or as a door or signpost to another homepage, whether inside or beyond eCity and/or eCity's networks.
(i) Committing, inducing, or contributing to acts of copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes Internet standards for the purpose of promoting your home page,
(k) developing home pages or session posts that consist of hyperlinks to content not allowed in eCity;
(l) having multiple eCity accounts that are within the same eCity neighborhood or which have the same theme;
(m) using eCity or the eCity services for the purpose of gathering personally identifiable
information for commercial or unlawful purposes; and
(n) posting or disclosing any personally identifiable information belonging to children.
» Termination for Failure to Conform
eCity may, at its sole discretion, immediately terminate services to user should user's conduct to conform with these terms and conditions of the Total Agreement.
User agrees to indemnify and hold eCity and its subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys' fee, made by any third party due to or arising out of user's use of the Services, user's connection to the Services, user's violation of the Total Agreement, or violation by user (or another user of the Services using user's computer) of any rights or another, including intellectual property
• Resale of Service Prohibited
User's right to use the Services is personal to user. User agrees not to resell the services or use of or access to the Services, without express written permission from eCity.
• Termination of Usage
User agrees that eCity may terminate user's password, account, or use of the services if eCity believes (a) that user has violated or acted inconsistently with the letter or spirit of the Total Agreement, or (b) that user has violated the rights of eCity or other users or third parties. User further agrees that eCity may terminate user's password, account, or use of the Services if user fails to use the Services at least one time during a reasonable period of time
as determined by eCity from time to time, which period shall not be less than three months.
User acknowledges and agrees that any termination of service under the Total Agreement under any provision of the Total Agreement may be effected without prior notice, and acknowledges and agrees that eCity may immediately delete emails files in user's account and bar any further access to such files or the services and eCity shall have no obligation to forward any unread or unsent messages to user or any third party. eCity shall not be liable
to user or any third party for termination of services.
• Advertisers and Advertisements
User's correspondence with or participation in promotions of advertisers found on the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between user and advertiser. User agrees not to hold eCity liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser on the Services.
The Services may provide, or user may include in email, links to other websites, web pages, or other resources. User acknowledges and agrees that eCity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that eCity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
• Proprietary Rights to content
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to user through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that user is permitted to use this material and information only as expressly authorized by eCity or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
• Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. eCity EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. eCity MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES eCity MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. eCity MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM eCity OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, MEANING THAT SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
• Limitation of Liability
USER AGREES THAT eCity SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES AND/OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED OR DATE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATE, OR OTHER INTANGIBLE, EVEN IF eCity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT eCity SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENCT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MEANING THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• General Agreement
The Total Agreement and the relationship between user and eCity shall be governed by the laws of the State of California without regards to its conflict of law provisions. User and eCity agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of California; User and eCity further agree that any dispute between user and eCity filed in the federal courts must be filed in the District Court for the Northern District of California, and the parties agree to submit to the personal jurisdiction and venue of the District Court of Northern District of California. The failure of eCity to exercise or enforce any right or provision of the Total Agreement shall not constitute a waiver of such right or provision. If any provision of the Total
Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Total Agreement remain in full force and effect. User agrees that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Total Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Total Agreement are for convenience only and have no legal or contractual effect.
• Copyright and Notices
All contents of the eCity Web Sites are Copyright © 2009 eCity, Inc. All Rights Reserved. TRADEMARKS. eCity products, trademarks and logos are referenced herein are either trademarks or registered trademarks of eCity, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Any notice to users regarding the services will be posted on eCity. The Services may also provide notices of changes to the Total Agreement or other matters by displaying notices to users generally on the Services.
Please report violations to the terms of service to eCity.