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Terms & Agreement
ItsACity.com is a revolutionary site geared to help businesses and consumers connect. Businesses create profiles about themselves that consumers can search; everything is rooted around location so that all information and ads are pertinent to the consumer, and most effective to the business. The services offered by ItsACity.com ("ItsACity.com" or "we") include the ItsACity.com website. ItsACity is hosted in the U.S. Terms of Use Agreement This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of ItsACity.com. By using ItsACity.com, (hereafter ItsACity) you agree to be bound by this Agreement, whether you are a "Consumer" (which means that you simply browse the ItsACity Website) or you are a "Business" (which means that you have registered with and created a profile on ItsACity.com). The term "User" refers to a Consumer or a Business. You are only authorized to use ItsACity.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave ItsACity.com immediately. If you wish to become a Business on ItsACity.com you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes ItsACity.com's policy for acceptable Use and Content posted on the ItsACity Website, your rights, obligations and restrictions regarding your use of the ItsACity.com and ItsACity.com's Privacy Policy. ItsACity.com may modify this Agreement from time to time and such modification shall be effective upon posting by ItsACity.com on the ItsACity Website. You agree to be bound to any changes to this Agreement when you use ItsACity.com after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on ItsACity.com. Your ItsACity.com profile may not include the following items: false advertising, any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other ItsACity.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ItsACity.com assumes no responsibility or liability for this material. If you become aware of misuse of the ItsACity website by any person or business, please contact ItsACity.com. ItsACity does not promise any results from the provision of its service and is in no way responsible for your business conditions. ItsACity.com reserves the right, in its sole discretion, to reject, refuse to post or to remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the ItsACity.com at any time, for any or no reason, with or without prior notice, and without liability. Eligibility Use of and Membership of ItsACity.com is void where prohibited. By using the ItsACity.com website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if creating or editing a profile you are a business or organization owner or you have the expressed permission from such person to create a profile on their behalf (d) your use of the ItsACity.com does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, for failure to comply. Term This Agreement shall remain in full force and effect while you use ItsACity.com or are a Member. You may terminate your Membership at any time, for any reason. ItsACity.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. Fees You acknowledge that ItsACity.com reserves the right to charge for your use of the ItsACity.com website and to change its fees from time to time in its discretion. If ItsACity.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ItsACity.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Commercial Use by Members Illegal and/or unauthorized use of ItsACity.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ItsACity.com website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of ItsACity.com. Proprietary Rights in Content on ItsACity.com ItsACity.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to ItsACity.com. After posting your Content to ItsACity.com, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose subject to these Terms of Use. By displaying or publishing ("posting") any Content on or through ItsACity.com, you hereby grant to ItsACity.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through ItsACity.com. Without this license, ItsACity.com would be unable to provide ItsACity.com. The license you grant to ItsACity.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to ItsACity.com), fully-paid and royalty-free (meaning that ItsACity.com is not required to pay you for the use on ItsACity.com of the Content that you post), sub licensable (so that ItsACity.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide ItsACity.com), and worldwide (because the Internet and ItsACity.com are global in reach). This license will terminate at the time you remove your Content from ItsACity.com. The license does not grant ItsACity.com the right to sell your Content, nor does the license grant ItsACity.com the right to distribute your Content outside of ItsACity.com You represent and warrant that: (i) you own the Content posted by you on or through ItsACity.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through ItsACity.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through ItsACity.com. ItsACity.com contains Content of ItsACity.com ("ItsACity.com Content"). ItsACity.com Content is protected by copyright, trademark, patent, trade secret and other laws, and ItsACity.com owns and retains all rights in the ItsACity.com Content and ItsACity.com. ItsACity.com hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the ItsACity.com Content (excluding any software code) solely for your personal use in connection with viewing the ItsACity website and using ItsACity.com. ItsACity.com contains Content of Users and other ItsACity.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through ItsACity.com. Content Posted ItsACity.com may delete any Content that in the sole judgment of ItsACity.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ItsACity.com assumes no responsibility for monitoring ItsACity.com for inappropriate Content or conduct. If at any time ItsACity.com chooses, in its sole discretion, to monitor ItsACity.com, ItsACity.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of ItsACity.com, and any material or information that you transmit to other Members and for your interactions with other Users. ItsACity.com does not endorse and has no control over the Content. Content is not necessarily reviewed by ItsACity.com prior to posting and does not necessarily reflect the opinions or policies of ItsACity.com. ItsACity.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Links and Search Results The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. ItsACity.com has no control over these sites or the content within them. ItsACity.com cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. ItsACity.com does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against ItsACity.com for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. ItsACity.com deems appropriate at our sole discretion. Posting Reviews on ItsACity.com.com ItsACity.com reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following: Reviews are not endorsed by ItsACity.com Reviews do not reflect the views of ItsACity.com; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. ItsACity.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. Reviews are owned by ItsACity.com Reviews that are submitted to ItsACity.com shall be owned exclusively and in perpetuity by ItsACity.com. Such exclusive ownership means that ItsACity.com, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. ItsACity.com is under no obligation to give credit or pay any consideration to you for your Reviews. Content/Activity Prohibited The following is a partial list of the kind of Content that is illegal or prohibited to post on or through ItsACity.com. ItsACity.com reserves the right to investigate and take appropriate legal action against anyone who, in ItsACity.com's sole discretion, violates this provision, including without limitation, removing the offending communication from ItsACity.com and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ItsACity.com: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; includes a photograph or video image of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.) References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.) Reviews submitted by the reviewed business's employees (past or present) or competitors as determined by ItsACity.com. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "this place is great!") as determined by ItsACity.com in its sole discretion. Reviews commenting on other users. Content that contains personal attacks or describes physical confrontations and/or sexual harassment. Excessive damage caused by business or service to person or property. Personal information or messages including email addresses, URLs, phone numbers and postal addresses. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter. Language that violates the standards of good taste or the standards of this website, as determined by ItsACity.com in its sole discretion. Content determined by ItsACity.com to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information. The following is a partial list of the kind of activity that is illegal or prohibited on ItsACity.com and through your use of ItsACity.com. ItsACity.com reserves the right to investigate and take appropriate legal action against anyone who, in ItsACity.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from ItsACity.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through ItsACity.com, you acknowledge that you will have caused substantial harm to ItsACity.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ItsACity.com $50 for each such unsolicited email or other unsolicited communication you send through ItsACity.com; covering or obscuring the banner advertisements on your personal profile page, or any ItsACity.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on ItsACity.com or the networks or services connected to ItsACity.com; attempting to impersonate another Member or person; for band profiles, copying the code for your ItsACity Player and embedding it into other profiles or asking other Members to embed it into their profiles; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from ItsACity.com in order to harass, abuse, or harm another person; using ItsACity.com in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ItsACity.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ItsACity.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on ItsACity.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on ItsACity.com; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Violation of the Terms You agree that monetary damages may not provide a sufficient remedy to ItsACity.com for violations of these terms of use and you consent to injunctive or other equitable relief for such violations. Member Disputes. You are solely responsible for your interactions with other ItsACity.com Members and Visitors. ItsACity.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Disclaimers ITSACITY.COM DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ITSACITY.COM CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ITSACITY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITSACITY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. ItsACity.com is not responsible for any incorrect or inaccurate Content posted on the ItsACity Website or in connection with ItsACity.com, whether caused by Users of ItsACity.com or by any of the equipment or programming associated with or utilized in ItsACity.com. Profiles created and posted by Members on the ItsACity Website may contain links to other websites. ItsACity.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ItsACity.com. Inclusion of any linked website on ItsACity.com does not imply approval or endorsement of the linked website by ItsACity.com. When you access these third-party sites, you do so at your own risk. ItsACity.com takes no responsibility for third party advertisements which are posted on this ItsACity Website or through ItsACity.com, nor does it take any responsibility for the goods or services provided by its advertisers. ItsACity.com is not responsible for the conduct, whether online or offline, of any User of ItsACity.com. ItsACity.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ItsACity.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of ItsACity.com or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with ItsACity.com. Under no circumstances shall ItsACity.com be responsible for any loss or damage, including personal injury or death, resulting from use of ItsACity.com, attendance at a ItsACity.com event, from any Content posted on or through ItsACity.com, or from the conduct of any Users of ItsACity.com, whether online or offline. ItsACity.com is provided "AS-IS" and as available and ItsACity.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ItsACity.com cannot guarantee and does not promise any specific results from use of ItsACity.com. Limitation on Liability IN NO EVENT SHALL ITSACITY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ITSACITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ITSACITY.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ITSACITY.COM FOR ITSACITY.COM DURING THE TERM OF MEMBERSHIP. U.S. Export Controls Software available in connection with ItsACity.com (the "Software") is further subject to United States export controls. No Software may be downloaded from ItsACity.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes If there is any dispute about or involving ItsACity.com, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida. Either ItsACity.com or you may demand that any dispute between ItsACity.com and you about or involving ItsACity.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Florida, USA, provided that the foregoing shall not prevent ItsACity.com from seeking injunctive relief in a court of competent jurisdiction. Indemnity You agree to indemnify and hold ItsACity.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of ItsACity.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ItsACity Website or through ItsACity.com causes ItsACity.com to be liable to another. Other This Agreement is automatically judged accepted by you upon your use of ItsACity.com. This Agreement constitutes the entire agreement between you and ItsACity.com regarding the use of ItsACity.com. The failure of ItsACity.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
I agree to the Terms & Agreement.
I am the Owner of this Business.