Terms and Conditions:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The City Top 10 Web site, citytop10.ca, mobile application and social networks created on behalf of its affiliates (the citytop10.ca Web site, mobile application and affiliate websites and/or networks are collectively the “Platform”) are provided by City Top 10, (”citytop10.ca”) and/or its affiliates and subsidiaries. Your use of the Platform is subject to these terms and conditions of use (the ”Terms and Conditions”) which may be updated from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time at: https://citytop10.ca/terms-and-conditions. In addition, when using particular City Top 10 owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into these Terms and Conditions. You further agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to this Agreement.
Description of Services
The Platform and any of its related features and services, including but not limited to the capability to contribute material (each such submission, a ”Contribution”) to the Platform or to social media sites, chat rooms, message boards, newsgroups, blogs, or other interactive services that may be available to you on or through the Platform (collectively, the ”Service” or the ”Services”) are provided to you solely for entertainment purposes. As a user of the service, you understand and agree that the service may also include advertisements and offers to purchase products and services that are necessary for City Top 10 to provide the Service, and the Service may include certain communications from City Top 10, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new City Top 10 properties, shall be subject to these Terms and Conditions. You understand and agree that the Platform and Service is provided ”as-is” and that City Top 10 assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personal settings. You are responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime/data charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
Please read the following section carefully, as it governs your conduct while using the Platform and Services, and by using the Platform and Services, you agree to be bound by these terms
You agree that you will comply with all applicable federal, provincial, state, and local laws/regulations and are responsible for your own conduct, communications and contributions while using the service and for any consequences thereof. You agree to use the service only to send and receive messages and material that are legal, proper and respectful. By way of example, and not as a limitation, you agree that when using the service, you will not:
Act in a manner that negatively affects other users’ ability to engage in the Platform or Services;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, ”Content”), that is unlawful, harmful, threatening, embarrassing, disparaging, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a CityVoter official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ”junk mail,” ”Spam,” ”chain letters,” ”pyramid schemes,” or any other form of solicitation;
Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Terms and Conditions, Platform or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law
While City Top 10 prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk. You also agree that you will not collect or store information about the users of the Platform or the Content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of the City Top 10 Platform.
You acknowledge that City Top 10 is not responsible for material submitted to City Top 10 or posted to the Platform by its users. City Top 10 does not pre-screen, monitor, review or edit the Content posted by users. City Top 10 and its designees have the right at its sole discretion, to refuse or remove any Content at any time, in whole or part, that, in City Top 10’s judgment, does not comply with these Terms and Conditions or is otherwise deemed undesirable, inappropriate or inaccurate. City Top 10 is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to City Top 10. You agree to immediately notify City Top 10 of any unauthorized use of the Service or any other breach of security known or suspected by you.
You understand that the technical processing and transmission of the Platform, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. City Top 10 assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Platform.
Any or all Content on the Platform may be purged periodically in City Top 10’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by City Top 10 or submitted to City Top 10, including Content. You further acknowledge and agree that the views expressed on the Platform do not necessarily reflect the views of City Top 10, and City Top 10 does not support or endorse Content (including any Contribution, whether or not edited by City Top 10 or its designee or presented on the Platform, edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
City Top 10 may terminate the Platform, in whole or in part, and any related Services at any time and at City Top 10’s sole discretion.
In operating the Platform, City Top 10 does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Platform or City Top 10 mail and e-mail addresses, or in any other way. Any information or material submitted or sent to City Top 10 (including Content) will be deemed not to be confidential or secret. By submitting or sending information or other material to City Top 10 (including Content) you represent and warrant that the information is original to you and that no other party has any rights to the material.
Restrictions on Use of Material
The content on the Platform is intended for your personal use. Except as expressly permitted, you agree not to use the Platform for sale, trade or other commercial purposes, and, you may not modify, copy, sell, reproduces, publish, display, transmit, adapt or in any way exploit the Content, Services, or Platform. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Platform. To seek our permission, email us here: firstname.lastname@example.org . If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
City Top 10 sells products and services on behalf of third-party Merchants (as defined below) and also partners with third-party media companies (the ”Media Partners”) during the course of providing the Services on the Platform. You must abide by all additional copyright notices or other restrictions contained on the Platform, or issued by the Merchants, and/or Media Partners.
User’s Grant of Limited License
By communicating with and sending information or material to City Top 10 in any way, including submitting or sending Content via the Platform, you grant City Top 10 a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such information or Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such information or Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating any Content, in whole or in part, into a City Top 10 feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to City Top 10.
You also warrant that any “moral rights” in posted materials have been waived.
Purchasing a Professional Listing
Once you or your business becomes eligible for a Professional Listing, you are required to create an account in order to purchase any Professional Listing. An account is required so City Top 10 can collect information to allow you to pay for your Professional Listing and provide you with easy access to print your Professional Listing, view your past purchases, and modify your preferences. Once you have an account with City Top 10, City Top 10 will transfer you to a pre-approved, third-party, payment vendor (the ”Payment Vendors”) who will complete the transaction on behalf of City Top 10 and the Merchant. In order to be eligible to purchase a Professional Listing you or your business must pass the City Top 10 Qualifications and Criteria, be logged into your City Top 10 account and, for certain listings and promotions, be nominated or voted in from a City Top 10 Nominations poll/contest. Once you are eligible and you place an order for a Professional Listing, you make an offer to purchase the Professional Listing you have selected on the terms, restrictions and conditions associated with the Professional Listing. Once you’ve placed your order, you will receive a confirmation from City Top 10 and your credit card will be charged for the amount of the Professional Listing. CityVoter will also notify you by email when the Professional Listing is ready to be used with the Merchant.
Listings Specific Terms
Each Listing or Promotions Package has specific terms associated with them, terms will be presented to you at the time you commit to purchase. The specific terms on each Listing or Promotions Package supersede any inconsistent terms in these Terms and Conditions, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Listings or Promotions Package or required by law, the following additional terms apply to all Listings or Promotions Package:
City Top 10 and the Merchant are not responsible for lost or stolen information such as login passwords or reference numbers, duplicate use, sale or trade of a Listing or Promotions Package is prohibited, except as required by law, unless otherwise stated at the time a Listing or Promotions Package is purchased.
Promotions of the Listings or Promotions Package
From time to time City Top 10 may offer special promotions, contests and/or sweepstakes intended to provide you with an incentive to purchase Listings or a Promotions Package or to encourage you to get others to do so. The applicable rules will be posted on the Platform in or near the description of each such promotion. City Top 10 reserves the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Products Available for Sale
The Platform can be accessed from countries around the world. You understand that some or all products or services provided on the Platform may not be available for purchase to persons residing in certain jurisdictions or geographic areas. City Top 10 reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Listing or Promotions Package for any product or service to a person residing in any jurisdiction or geographical area. City Top 10 does not represent or warrant that any product or service promoted on the Platform will be available for purchase by any particular person.
City Top 10 will provide a refund of the purchase price paid by you for any Listing or Promotions Package within fourteen days after the purchase of a Listing or Promotions Package, provided that the Listing or Promotions Package has not yet been redeemed. After fourteen days, City Top 10 does not provide refunds with the exception of the circumstance you are unable to redeem a Listing or Promotions Package before its expiration because the applicable Merchant has gone out of business.
City Top 10 may change or discontinue the Platform, portions of the Platform, or any promotions at any time without prior notice. Any Listing or Promotions Package issued prior to termination will be honored according to its terms and these Terms and Conditions.
Merchants, Media Partners, Payment Vendors and Linked Sites
You may be able to link to third parties’ Web sites (”Linked Sites”) from the Platform which will include but not be limited to the Merchants, Media Partners, and Payment Vendors’ respective sites and properties. Linked Sites are not, however, reviewed, controlled, or examined by City Top 10 in any way and City Top 10 is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply City Top 10’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall City Top 10 be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. City Top 10 reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any Linked Site from the Platform and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to citytop10.ca. To seek our permission, you may write to City Top 10. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to citytop10.ca, at our discretion at any time.
Intellectual Property Rights
You acknowledge and agree that the Platform, the Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is the property of City Top 10 and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in both advertisements or information presented to you through the Platform, Service, Professional Listings, Merchants, Media Partners or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by City Top 10, Merchants, Media Partners or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, Service or the Software, in whole or in part.
City Top 10 grants you a personal, non-transferable and non-exclusive right and license to use the Platform, Service and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by City Top 10 for use in accessing the Service.
City Top 10, citytop10.ca, and the City Top 10 logo are trademarks and service marks of City Top 10 and other City Top 10 logos and product and service names are trademarks and service marks of City Top 10 (collectively, the ”City Top 10 Marks”). Without City Top 10’s prior permission, you agree not to display or use in any manner, the City Top 10 Marks.
City Top 10 will use email to keep you informed regarding Listing status, connect you with your favorite businesses and make available special offers that we believe you will like hearing about. You can manage all of your email subscriptions and alerts on your profile page to opt-out of these communications in the future or sign up for new subscriptions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside.
Disclaimer of Warranties
THE PLATFORM AND SERVICES ARE PROVIDED ”AS IS,” ”WHERE IS” AND ”AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, CITY TOP 10 SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE PLATFORM OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE PLATFORM OR SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. CITY TOP 10 DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE PLATFORM OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE PLATFORM OR SEVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
CITY TOP 10 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE PLATFORM OR SERVICES. YOU (AND NOT CITY TOP 10 OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL CITY TOP 10, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF CITY TOP 10 OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE PLATFORM OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CITY TOP 10’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by City Top 10, you agree to defend, indemnify and hold City Top 10, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Platform or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. City Top 10 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with City Top 10 in asserting any available defense.
City Top 10 may provide you with notices by email or postings on the Platform.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
City Top 10 respects the intellectual property of others, and we ask our users to do the same. City Top 10 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users and prohibit the use of the Platform and Services by certain users who may be repeat infringers. If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please send this information to City Top 10 via email. You acknowledge that if you fail to comply with all the requirements of this Section 21, your DMCA notice may not be valid.
Independent Contractors. Nothing contained in the Terms and Conditions shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Waiver and Severability of Terms. The failure of City Top 10 to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect.
Statute of Limitations. The failure of City Top 10 to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect.
Violations. Please report any violations of the Terms and Conditions to City Top 10 via email.
City Top 10 – Email: email@example.com
City Top 10 is based in Victoria, British Columbia. We have been researching local businesses and accepting public nominations since 2012.
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