These TOU govern your use of this Application and our services off of this Application; by utilizing this Application and our services, you accept these TOU in full and without reservation.
CityVibe does not knowingly collect personally identifiable information from individuals under the age of 18. If you are under the age of 18, you are not permitted to utilize this Application and must cease and desist from utilizing the Application immediately.
- You must be at least 18 years of age to create an account on CityVibe and to use the mobile app and other services. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with CityVibe,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
License to use Application
Subject to your compliance with this TOU, CityVibe provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize APPLICATION. Unless otherwise stated, CityVibe owns the intellectual property rights published on this Application and all materials on www.mycityvibe.net and on CityVibe Stacks. Subject to the terms below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and even print pages, files or other content from our Application for your own personal use, subject to the restrictions set out below and elsewhere in this agreement.
If any of our content is made available for redistribution, it may only be redistributed within your home or organization if you are in good standing with CityVibe.
Termination of License to Use Application
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Rights you Grant CityVibe
By creating an account, you grant to CityVibe a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other CityVibe users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to CityVibe above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for CityVibe allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to CityVibe regarding our Services, you agree that CityVibe may use and share such feedback for any purpose without compensating you.
You agree that CityVibe may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
Maintaining Your Account
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for CityVibe, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact email@example.com.
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, on this APPLICATION. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this Application that is not expressly authorized for your use.
Moreover, you may not and agree not to:
use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Application or in any way reproduce or circumvent the navigational structure or presentation of this Application in order to obtain or attempt to obtain any of CityVibe’s Materials or any other information through any means not purposely made available through this APPLICATION;
attempt to gain unauthorized access to:
a) any portion or feature of this Application,
b) any other systems or networks connected to this Application,
c) any CITYVIBE server, or
d) to any of the services offered on or through this Application, by hacking, password “mining,” or any other illegitimate or prohibited means;
probe, scan, or test the vulnerability of this Application or any network connected to this Application, nor breach the security or authentication measures on this Application or any network connected to this Application;
(reverse look-up, trace, or seek to trace any information on any other user of or visitor to this Application,
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Application or CITYVIBE ’ systems or networks or any systems or networks connected to this Application,
use any device, software, or routine to interfere with (a) the proper working of this Application, (b) any transaction conducted on this Application, or (c) with any other person’s use of this Application,
forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to CITYVIBE on or through this Application,
use this Application to harvest or collect e-mail addresses, contact information, or other user or visitor information; or
use this Application in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CITYVIBE .
Furthermore, you specifically agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent;
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without CityVibe’s prior written consent;
- express or imply that any statements you make are endorsed by CityVibe;
- upload viruses or other malicious code or otherwise compromise the security of the Services.
- “frame” or “mirror” any part of the Service without CityVibe’s prior written authorization;
- use meta tags or code or other devices containing any reference to CityVibe or the Service (or any trademark, trade name, service mark, logo or slogan of CityVibe) to direct any person to any other Application for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
- use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent;
- use, access, or publish the CityVibe application programming interface;
- encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
By using the Services, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
CityVibe reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that CityVibe regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
City Ad Rules
City Ad must not contain: any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right; any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Any Ad which does not comply to these terms, will be removed and user which posted the Ad will not be refunded for any Ad cost.
City Ad is created and managed by user and not by a third party affiliated with the user. City Ad, when created, belongs to a city area in which it was created, meaning that Ad will be visible for all users in initial City Area, but it will not be visible for users outside of the initial city of Ad creation.
City Ad is purchased for certain duration period. After the expiration of Ad duration period Ad will not be displayed in the Start screen of the app. Boost Ad position purchase offers the user the chance to have their ad moved up on
the ad list. Ad position boost points are valid through the period of Ad duration, with the end of Ad duration resulting in position boost points being cleared.
Safety; Your Interactions with Other Users
Though CityVibe strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow CityVibe’s Safety Tips, located on mycityvibe.net, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CityVibe DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CityVibe MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. CityVibe RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
In App Purchases. From time to time, CityVibe may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by CityVibe (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the CityVibe application from your device. Deleting your account on CityVibe or deleting the CityVibe application from your device does not cancel your subscription; CityVibe will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
CityVibe Online Purchases
If you choose to make a purchase through CityVibe Online, you agree to pay CityVibe all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize CityVibe to charge your chosen payment provider (your “Payment Method”). CityVibe may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, CityVibe may terminate your account immediately in its sole discretion.
If you purchase a subscription through CityVibe Online, your subscription will continue indefinitely until cancelled by you or your representative. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or
terminate your subscription, please follow the instructions for Apple Itunes or Google Play on how to remove subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information in Apple ITunes or Google Play settings. However, payment cannot be made or changed directly through the Application. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Big Likes and Other Virtual Items
From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Big Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you.
This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when CityVibe ceases providing the Service or your account is otherwise closed or terminated. CityVibe, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. CityVibe may manage, regulate, control, modify or eliminate Virtual Items at any time. CityVibe shall have no liability to you or any third party in the event that CityVibe exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by CityVibe that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT CityVibe IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For CityVibe Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of CityVibe) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your Apple ID, Apple, not CityVibe, handles refunds. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through CityVibe Online: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or CityVibe Online (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: firstname.lastname@example.org
This Application is provided “as is” without any representations or warranties, express or implied. CityVibe makes no representations or warranties in relation to this Application or the information and materials provided herein. CityVibe DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
CityVibe TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- this Application will be constantly available, or available at all; or
- the information on this Application is complete, true, accurate or non-misleading.
Full Limitation of Liability and Indemnity
BY ACCEPTING THESE TERMS, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU WAIVE YOUR RIGHTS, NOT US, AND ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS APPLICATION.
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, conduct of users, or otherwise in connection with this Application or any third party Applications we may direct you to:
- to the extent that this Application is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
You expressly absolve and release CITYVIBE from any claim of harm resulting from a cause beyond CITYVIBE’S reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, the conduct of other users, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions, bullying by another user, emotional distress, and identity theft.
Additionally, by using this Application, you agree to defend CITYVIBE and any or all of CITYVIBE ’ sponsors, members, affiliates, suppliers, promotional partners, operational service providers, agents and representatives (collectively, the “CITYVIBE Entities”) against any demands, claims or actions arising out of or as a result of your breach or violation of this TOU, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold CITYVIBE harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. CITYVIBE shall have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.
This TOU will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this TOU will exclude or limit the liability of CityVibe in respect of any:
- death or personal injury caused by the negligence of our agents, employees or owners;
- fraud or fraudulent misrepresentation on our part; or
- a matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Application, you agree that the exclusions and limitations of liability set out in this Application disclaimer are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease from utilizing this Application.
If you notice that your intellectual property, especially images, have been infringed by another user, please contact us with your name, address, phone number, email address, and the images in question so we may take action to remedy the infringement by a third party. You understand that by utilizing this Application that CityVibe is not responsible for the infringement of copyright by another user but we may help remove the infringed images from our Application.
You accept that CityVibe has an interest in limiting the personal liability of our Members and/or Employees. You agree that you will not bring any claim personally against CityVibe Members or Employees as a result of your use of this Application.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Application disclaimer will protect CityVibe’s Members, Employees, agents, partners, subsidiaries, successors, assigns and sub-contractors.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. CityVibe is not responsible for the availability (or lack of availability) of such external Applications or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. CityVibe is not responsible or liable for such third parties’ terms or actions.
If any provision of this TOU is found to be unenforceable under applicable law, it will not affect the enforceability of the other provisions of this TOU.
Breaches of this TOU
Without prejudice to CityVibe’s other rights under this TOU, if you breach this agreement in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to this Application, prohibiting you from accessing this Application, blocking computers utilizing your IP address from accessing this Application, contacting your internet service provider to request that they block your access to this Application, and/or bringing court proceedings against you.
CityVibe may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this TOU without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the TOU under ANY circumstance.
If a provision of these TOU is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that specific part will be deemed to be deleted, and the rest of the provision will continue in effect. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Law and jurisdiction
These TOU will be governed by and construed in accordance with the laws of the European Union (EU) or European Economic Area (EEA) for users who reside in this area and you agree to waive personal jurisdiction to the venue of CityVibe’s choosing in the EU or EEA if you reside in this region. For those living in North America, you agree that by using this Application, any legal proceeding will be brought in the State of Texas and that Texas law shall govern.
CityVibe may revise this TOU from time-to-time. The most recent version of this Agreement will be posted on the Services under Settings and also on www.mycityvibe.net, which should be regularly reviewed as your responsibility as a user. The most recent version is the version that applies. Please check this page regularly to ensure you are familiar with the most current version. We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.