cityQuicker Website User Agreement

The following User Agreement ("Agreement") sets forth the terms and conditions for your use of the cityQuicker Website, cityQuicker.com (the "Site"), including participation in its bulletin boards or use of the Site's other features. Your use of the Site will constitute your agreement to comply with the terms of this Agreement. If you cannot comply with this Agreement, please do not use the Site.

This Site is intended to provide a robust and free-flowing exchange of information, opinions and comments. Since the Site is designed to provide an enjoyable and informative experience for all participants, you agree to abide by certain rules regarding your participation.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Site, may result in termination of your access to the Site, without notice, in addition to cityQuicker's other remedies.

1. General. cityQuicker ("cQ") shall have the right at any time from time to time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, registration requirements and equipment needed to access or use the Site. The Subscriber may terminate the Agreement by 30 days written notice to cQ if there is a material change to the Site, and shall be entitled to a pro rata refund of any fees paid in advance, assessed from the date on which termination takes effect.
   
   
2. User Conduct.

   (a) You agree to use the Site for lawful purposes only. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originates. This means that you, and not cQ, are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. You agree not to post or transmit any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You agree not to disrupt or interfere with the Site, nor to alter or tamper with any information or materials on or associated with the Site. You agree not to undertake any conduct that, in cQ's judgment, restricts or inhibits any other user from using or enjoying the Site. You may not post or transmit any advertising or commercial solicitation through the Site.

   (b) The Site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Site is copyrighted as a collective work under the United States copyright laws. cQ owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material from the Site will be permitted without the express-written permission of cQ and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You should assume that everything you see or read on the Site is protected by copyright and/or other intellectual property laws unless otherwise noted and may not be used except as provided in this Agreement or in the text on the Site without the written permission of cQ.

   (c) You agree not to upload, post or otherwise make available any Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission by you.

   (d) You hereby grant to cQ a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted by you in the Site (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.

   (e) You shall provide cQ with accurate, complete and updated information as to your name, e-mail address and other personal information provided by you at registration. All such personal information, including the initial registration information and other required or optional personal information, shall be collected and used in accordance with cQ's Privacy Policy.

   (f) You may not (i) select or use a user name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person other than you without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that cQ, in its sole discretion, deems offensive.

   (g) The foregoing provisions of this Section 3 are for the benefit of cQ, its affiliates, and third-party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.

3. Your Password. As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Site. You are solely responsible for any authorized or unauthorized access to your account by any person.
   
   
4. Trademarks. "cityquicker" and "get to know your city quicker" are trademarks of cQ (all rights reserved). All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, cQ.
   
   
5. Third Party Content. The Site contains Content supplied by parties other than cQ. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by such third parties, including information providers and other users of the Site, are those of the respective author(s) or distributor(s) and not of cQ. Neither cQ nor any third-party provider of Content guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for a particular purpose. (Refer to Section 17 below for the complete provisions governing limitations of liabilities and disclaimers of warranties.). In many instances, the Content available through the Site represents the opinions and judgments of the respective information provider or user, and not of cQ.
   
   
6. Monitoring. cQ shall have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement and any other operating rules established by cQ. cQ shall have the right in its sole discretion to edit, refuse to post or remove any Content submitted to or posted on the Site. Without limiting the foregoing, cQ shall have the right to remove any Content that cQ, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of cQ, you shall remain solely responsible for the content of Content uploaded, posted or originated by you. You acknowledge and agree that neither cQ nor any third party content provider shall assume or have any liability for any action or inaction by cQ or any third party content provider with respect to any conduct, communication or posting on the Site.
   
   
7. Special Admonition for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws governing online conduct and acceptable Content.
   
   
8. Indemnity. You agree to indemnify and hold cQ, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content uploaded, posted or originated by you, or your use of or connection to the Site in violation of this Agreement.
   
   
9. No Transfer of Service. The right to use the Site and any other product or service offered by cQ is personal to you and not transferable to any other person or entity. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site.
   
   
10. Termination. You agree that cQ, in its sole discretion, may terminate your password or use of the Site and remove or discard any Content, provided that such removal does not materially affect the Site, if cQ reasonably believes that you have violated or acted inconsistently with this Agreement. You agree that any termination of your access to the Site under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that cQ may immediately deactivate or delete information or files and any access to such files or the Site. Further you agree that cQ shall not be liable to you or any third party for any termination of your access to the Site.
    
    
11. Advertisements and Promotions. cQ may choose from time to time to run advertisements or promotions that cQ deems are not in conflict with its independent and generally non-commercial philosophy and of benefit to its users. You agree that cQ has the right to run such advertisements and promotions. You agree that cQ has no liability for the content of these advertisements or promotions.
    
    
12. Links. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources which may be maintained by third parties. Because cQ has no control over such sites and resources, you acknowledge and agree that cQ 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. You further acknowledge and agree that cQ 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 or through any such site or resource.
    
    
13. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.
    
    
14. Privacy. See cQ's Privacy Policy which is incorporated herein by reference. The Privacy Policy tells you how cQ collects certain personal information from you and how cQ uses it. By using the Site, you agree that any personal information supplied to cQ or the Site during the registration process or otherwise may be used by cQ in accordance with the Privacy Policy and you consent to cQ's use of such personal information in accordance with the terms of the Privacy Policy, which may be modified from time to time.
    
    
15. Age Restrictions. Persons who are under the age of 13 may not register for or use this Site.
    
    
16. Disclaimer of Warranty; Limitation of Liability.

    (a) Each user expressly agrees that use of the site is at his or her sole risk. Neither cQ, its affiliates nor any of their respective employees, agents, third-party content providers or licensors, if any, warrant that the service will be uninterrupted or error free: nor do they make any warranty as to the results that may be obtained from use of the service or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the service.

    (b) The service is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

    (c) The disclaimers of liability contained in this section 16 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that cQ is not liable for the defamatory, offensive or illegal conduct of third parties, including users and that the risk of injury from the foregoing rests entirely with each user.

    (d) Subject to any express provisions in this agreement, in no event will cQ or any person or entity involved in creating, producing, or distributing the service be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.

    (e) cQ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the site, nor for any offensive, defamatory, or obscene posting made on the service by anyone. Under no circumstances will cQ be liable for any loss or damage caused by a user's reliance on information obtained through the content and/or any postings on the service. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the service.

    (f) cQ does not endorse, warrant or guarantee any product or service offered by a third-party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.

    (g) Each user specifically acknowledges that in no event will cQ, its affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third-party in connection with the site.

17. Notices. Notices to you may be made via either email or regular mail.
    
    
18. Governing Law; Jurisdiction. This Agreement and the relationship between you and cQ shall be governed by the laws of England. You hereby consent to the exclusive jurisdiction and venue of the English courts, in all disputes arising out or relating to the use of the Site.
    
    
19. Miscellaneous. This Agreement, together with the Terms and Conditions and Scope of Services, constitutes the entire agreement between you and cQ and governs your use of the Site, superseding any prior agreements between you and cQ (including, but not limited to, any prior versions of this Agreement). You may also be subject to additional terms and conditions that may apply when you use affiliate or other cQ services, third-party content or third party software. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this 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 provisions of this Agreement remain in full force and effect. The section titles on this Agreement are for convenience only and have no legal or contractual effect.
    
    
20. Violations. Please report any violations of this Agreement to us at cityquicker@gmail.com.