The following are the
rules ("Terms") that govern use of the mycitysbest.com Web site ("Site"). By
using or visiting the Site, you expressly agree to be bound by these Terms and
to follow these Terms and all applicable laws and regulations governing the
Site. Mycitysbest.com ("MY CITY'S BEST") reserves the right to change these
Terms at any time, effective immediately upon posting on the Site.
PERMITTED USE
You agree that you are only authorized to visit, view, and retain a copy of
pages of this Site for your own personal use, and that you shall not duplicate,
download, publish, modify, or otherwise distribute the material on this Site
for any commercial use, or for any purpose other than as described in these
Terms. You also agree not to deep-link to the Site for any purpose, unless
specifically authorized by MY CITY'S BEST.
USE VOID WHERE PROHIBITED
Use of the Site is void where prohibited. By using this Site, you represent and
warrant that you have the right, authority, and capacity to enter into this
Agreement and to abide by all the Terms and Conditions of this Agreement.
REGISTERING WITH MYCITYSBEST.COM
In order to take advantage of certain features on the Site, you may be required
to register with mycitysbest.com. For example, you may be required to register
with MY CITY'S BEST if you want to set up a free member's account, where you
can save your favorite restaurant profiles, receive discount offerings or other
information from MY CITY'S BEST, save your consumer reviews, or chat with other
mycitysbest.com members. You may also be required to register with MY CITY'S
BEST if you want to post consumer reviews of certain events, movies, or
businesses in your community. You may also be required to register to be
eligible to win prizes and to receive newsletters with local event information
from MY CITY'S BEST. MY CITY'S BEST's use of any personal information that you
provide to mycitysbest.com during any registration process is governed by MY
CITY'S BEST's privacy policy.
By registering, you represent that you are at least eighteen (18) years of age
and are not a person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by
the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true and accurate, current and complete.
MY CITY'S BEST FREE MEMBER ACCOUNT
If you register for a MY CITY'S BEST member account, you will be allowed to save
and personalize MY CITY'S BEST content, receive and view offers from businesses
listed on the MY CITY'S BEST system, post ratings and reviews about MY CITY'S
BEST businesses and other user reviews, and chat with other MY CITY'S BEST
members. By having a MY CITY'S BEST member account with MY CITY'S BEST, you
agree to take full responsibility for maintaining the confidentiality of your
account user name, password, and all related activity that occurs under your
account user name. If you violate these Terms, MY CITY'S BEST may, at its sole
discretion, terminate your accounts, remove or modify any account-related
content or access (including, but not limited to, reviews, newsletters, and
user profile information), or take any other action that MY CITY'S BEST
believes is appropriate.
PROMOTIONAL PRIZES
MY CITY'S BEST may, from time to time, promote its service by giving away cash
and prizes to its members. MY CITY'S BEST reserves the right to hold
promotional events, determine the frequency of these events and the required
methods for winning at MY CITY'S BEST'S sole discretion. Prize winners are
responsible for any applicable taxes and/or fees associated with the prize.
POSTING REVIEWS ON MYCITYSBEST.COM
MY CITY'S BEST 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:
Unacceptable Content:
We reserve the right, but not the obligation, to refuse to post or to remove any
Review if it contains or features any of the following:
$ Offensive language, including harmful or abusive language, expletives or
profanities, obscenities, or hate speech, or harassing, vulgar, or sexually
explicit language;
$ References to illegal activity;
$ Content that contains personal attacks;
$ Personal information, such as phone numbers, mailing addresses, e-mail
addresses, personal Web sites, etc.;
$ Messages that are clearly advertising or commercial in nature and do not
specifically relate to the subject at hand;
$ Content other than text, such as photos, sound, or other images;
$ Content determined by MY CITY'S BEST to be illegal or to violate any federal,
state, or local law or regulation or the rights of any other person or entity;
$ Content that is not in English; that is encrypted; or that contains any
viruses, Trojan horses, worms, time bombs, cancelbots, or other computer
programming routines that are intended to damage, interfere with, intercept, or
appropriate any system, data, or personal information; or
$ Content that violates the standards of good taste or the standards of this Web
site, as determined by MY CITY'S BEST in its sole discretion.
Reviews are not endorsed by mycitysbest.com
Reviews do not reflect the views of MY CITY'S BEST; its parent, subsidiary or
affiliated companies; or its employees, officers, directors, or shareholders.
MY CITY'S BEST 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 mycitysbest.com
Reviews that are submitted to MY CITY'S BEST shall be owned exclusively and in
perpetuity by MY CITY'S BEST. Such exclusive ownership means that MY CITY'S
BEST, 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. MY CITY'S BEST is under no
obligation to give credit or pay any consideration to you for your Reviews.
Contact Us
If you see objectionable content or have any questions about these Terms of Use,
please contact MY CITY'S BEST at ratings@mycitysbest.com.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference or link to
third-party sites throughout the World Wide Web. MY CITY'S BEST has no control
over these sites or the content within them. MY CITY'S BEST cannot guarantee,
represent, or warrant that the content contained in these sites is accurate,
legal, and/or inoffensive. MY CITY'S BEST 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
MY CITY'S BEST for any damages or losses, whatsoever, resulting from your use
of the Site to obtain search results or to link to another site. If you have a
problem with a link from the Site, please notify MY CITY'S BEST at
legal@mycitysbest.com, and MY CITY'S BEST will investigate your claim and take
any actions MY CITY'S BEST deems appropriate at our sole discretion.
MY CITY'S BEST search results will only contain those businesses that are
existing members of MY CITY'S BEST Advertising Program; thus, these businesses
have provided extensive information about their company to MY CITY'S BEST in
order to qualify for a listing with MY CITY'S BEST'S Advertising Program. MY
CITY'S BEST placement of businesses within its search results are determined by
the advertising agreement between MY CITY'S BEST and the particular business
and are not random. Furthermore, MY CITY'S BEST DOES NOT REPRESENT, WARRANT NOR
GUARANTEE THE QUALITY OF ANY GOODS OR SERVICES PROVIDED BY ADVERTISING PROGRAM
MEMBERS (please see "Disclaimers" below).
OFFLINE CONDUCT
Although MY CITY'S BEST cannot monitor the conduct of its users off the Site, it
is a violation of these rules to use any information obtained from this Site in
order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any user without his/her prior explicit
consent.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our Web pages or the content contained
thereon or for any other unauthorized purpose without our prior expressed
written permission. You agree that you will not use any device, software, or
routine to interfere or attempt to interfere with the proper working of the
Site. You agree that you will not copy, reproduce, alter, modify, create
derivative works from, or publicly display any content (except for your own
personal, non-commercial use) from our Web site without the prior expressed
written permission of MY CITY'S BEST.
UNAUTHORIZED USE OF THE SITE
Illegal and/or unauthorized uses of the Site, including, but not limited to,
unauthorized framing of or linking to the Site or unauthorized use of any
robot, spider, or other automated device on the Site, will be investigated and
subject to appropriate legal action, including, without limitation, civil,
criminal, and injunctive redress.
CHILDREN
MY CITY'S BEST is concerned about the safety and privacy of all its users,
particularly children. For this reason, children under thirteen (13) years of
age may not use the Site. Parents of children under eighteen (18) years of age
who wish to allow their children access to the service must create a MY CITY'S
BEST Family Account. To create a family account, the parent must certify that
he/she is at least eighteen (18) years of age and the legal guardian of the
child/children listed on the family account. By adding a child to your MY
CITY'S BEST Family Account, you give the child permission to access all of the
Service including, email, message boards, instant messages and chat (among
others), and thus, take full responsibility for the actions and content
accessed by the family account.
VIOLATION OF THE TERMS
You agree that monetary damages may not provide a sufficient remedy to MY CITY'S
BEST for violations of these terms of use and you consent to injunctive or
other equitable relief for such violations.
DISCLAIMERS
MY CITY'S BEST 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. MY CITY'S BEST CANNOT ENSURE THAT FILES
YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. MY CITY'S BEST DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. MY CITY'S BEST 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.
MY CITY'S BEST disclaims any and all liability for the acts, omissions, and
conduct of any third-party users, MY CITY'S BEST users, advertisers, and/or
sponsors on the Site, in connection with the Site, or otherwise related to your
use of the Site. MY CITY'S BEST is not responsible for the products, services,
actions, or failure to act of any third party in connection with or referenced
on the Site. Without limiting the foregoing, you may report the misconduct of
users and/or third-party advertisers or service and/or product providers
referenced on or included in the Site to MY CITY'S BEST at
legal@mycitysbest.com. MY CITY'S BEST may investigate the claim and take
appropriate action, at its sole discretion.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL
MY CITY'S BEST BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF MY
CITY'S BEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISPUTES
If there is any dispute about or involving the Site, you, by using the Site,
agree that the dispute will be governed by the laws of the State of Texas
without regard to its conflict-of-law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the State of
Texas, City of Houston.
INDEMNITY
You agree to indemnify and hold MY CITY'S BEST, its subsidiaries, affiliates,
officers, agents, and other 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 the Site, including your use
of the Site to provide a link to another site or to upload content or other
information to the Site.