Cityhound Advertising Terms
Last updated on: April 2, 2012
1. ACCEPTANCE OF TERMS:
By registering for, paying for or using advertising space or advertisements (hereinafter referred to as “Advertising”) on this website and/or any mobile applications that links to or reference this website (the “Site”), you are agreeing and consenting to the following terms and conditions of purchase and use (the “Advertising Terms”), as well as Cityhound’s Terms of Use, User Guidelines, and Privacy Policy (collectively the “Cityhound Terms of Use”), in their entirety. If you do not agree to the Advertising Terms or the Cityhound Terms of Use, please do not use this Site or immediately discontinue all use of this Site, do not register, use or pay for Advertising, do not submit any details about yourself/your company, and do not access any of the web content.
2. CONFLICT BETWEEN ADVERTISING TERMS and
CITYHOUND TERMS OF USE:
Please review Cityhound Inc.’s (hereinafter “Cityhound”, “we”, “us” or “our”) Cityhound Terms of Use before you register, purchase or use Advertising. In the event of any conflict between the Advertising Terms and the Cityhound Terms of Use, the Advertising Terms will prevail.
3. INVITATION TO TREAT:
Advertised Products on the Site are invitations to you to make offers to purchase the Products on the Site and are not offers to sell. A properly completed and delivered order form submitted by you constitutes your offer to purchase the Products referenced in your order. Your order will be deemed to be accepted only if and when we send a Purchase Confirmation e-mail to your e-mail address. That Purchase Confirmation email constitutes our acceptance of your order and forms a legally binding contract between you/your company and Cityhound (the “Contract”).
4. PRODUCT DESCRIPTIONS:
Cityhound and its affiliates attempt to be as accurate as possible; however, Cityhound does not warrant that descriptions of Products or other content on the Site are accurate, complete, reliable, current, or error-free. If Products sold by Cityhound are not as described, your sole remedy is to request a refund. Cityhound is under no obligation to provide a refund, and in any event, no refund shall exceed the greater of (i) the amount paid, if any, by you to Cityhound in connection with the Site in the 12 months prior to the refund request, or (ii) CDN $100.00.
5. OTHER BUSINESSES:
Parties other than Cityhound and its affiliates may offer products and services or provide links to third party websites which operate stores, provide services, or sell product lines, including advertising. We are not responsible for examining or evaluating such offers or third party websites, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Cityhound does not assume any responsibility or liability for the actions, products, or content of all these and any other third parties. You should review their privacy statements and other conditions of use carefully.
6. PRICING:
Except where noted otherwise, the price displayed for Products on the Site (the “Price”) represents the full retail price (excluding applicable taxes); however, the Price may be subject to change from time to time. Cityhound cannot confirm the Price of any Products until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Please note that this policy applies only to Products sold by Cityhound. Cityhound is not responsible for the purchase and sales practices of third parties using our Site, and such third parties may follow different policies in the event of a mispriced item.
7. PROMOTIONS:
Cityhound may, at our sole discretion, allow promotional discounts to the Price through the use promotional verification numbers (individually referred to as the “Promo Code”). To apply a promotion discount to the Price, you shall be required to enter the Promo Code associated with the Product into the appropriate area provided in the order form. Cityhound shall not be bound to accept a Promo Code at any time. Cityhound may, in fact, refuse to accept an otherwise valid Promo Code and may choose, at its sole discretion, not to apply the associated discount to the Price.
8. PAYMENT TERMS and PAYMENT OPTIONS:
Cityhound will provide payment terms and options, at its sole discretion, which shall be provided for in the order form. By choosing a payment term and a payment option in your submitted order form, you are offering to pay the Price by said payment terms and payment option as a condition of your purchase. Once Cityhound sends a Purchase Confirmation e-mail to your e-mail address, you shall have irrevocably agreed to pay the Price by said purchase term and payment option.
9. PRODUCTS:
Cityhound may, at its sole discretion, sell Advertising packages and Advertising products (“Product” or “Products”). Products may be sold in various packages and for various prices, all of which are subject to change at Cityhound’s sole discretion. Cityhound shall only provide the Products detailed in your Purchase Confirmation e-mail. You may, at Cityhound’s sole discretion, either request to amend your order or submit a new order, to purchase additional Products at any time. Cityhound is under no obligation to accept such requests.
10. TERMINATION OF CONTRACT:
If you breach any of the terms contained in your Purchase Confirmation, the Advertising Terms, or Cityhound Terms of Use, and in particular if you fail to pay the Price or violate the User Guidelines, Cityhound shall have the right to terminate the Contract immediately without notice.
Upon termination of the Contract, Cityhound may terminate your Advertising, suspend your ability to use certain portions of the Site, use any other remedy provided for in the Cityhound Terms of Use, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Upon such termination, with or without cause, you shall not be entitled to, nor shall we be liable to you, for any refund of any unused portion of any Product payments that we have received from you, and we may continue to bar your use of the Site and Service in the future.
The Advertising Terms and the Cityhound Terms of Use shall continue to bind you after termination of the Contract, termination of your Advertising, or suspension or ban from the Site and you expressly agree to be bound by the Advertising Terms and Cityhound Terms of Use which shall survive termination, including the indemnity and disclaimer provisions provided for in the Terms of Use.
11. INFORMATION PROVIDED BY YOU:
We rely on the information you provide through the Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You shall be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person, business or entity may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within fifteen (15) days of any change.
12. GOVERNING LAW AND SEVERABILITY:
This Site is controlled by Cityhound from its offices within the province of Ontario, Canada. By accessing this Site and its Products, you and Cityhound agree that the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and its Products, including the formation and performance of the Contract. You and Cityhound also agree and hereby submit to the exclusive forum, jurisdiction and venue of the courts of Ontario in any and all actions, disputes or controversies relating hereto. If any provision of these Advertising Terms shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.
13. PRIVACY POLICY:
This Cityhound Privacy Policy (the “Privacy Policy”) is a binding and integral part of the Cityhound Terms of Use of this Site, and applies to this Site, and all Prodcuts or URL’s controlled or operated by Cityhound which link to this Site, unless otherwise specified.
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary (i) to take action regarding suspected illegal activities; (ii) to enforce or apply our Cityhound Terms of Use and Privacy Policy; (iii) to comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (iv) is reasonably necessary in the fulfillment of the Contract or the provision of Products; or (v) to protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of Canada, you consent to having your personal data transferred to and processed in Canada.
14. GENERAL TERMS:
a) We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
b) We may provide you with notices, including those regarding changes to the Advertising Terms by email, regular mail or communications through the Site.
c) Except as otherwise stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
d) The Advertising Terms, which by reference include the Terms of Use, User Guidelines, and Privacy Policy, contain the entire agreement between you and us regarding the use of Advertising, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Advertising Terms.
e) Any failure on Cityhound's part to exercise or enforce any right or provision of the Advertising Terms or Cityhound Terms of Use does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
f) If any provision of the Advertising Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Advertising Terms shall otherwise remain in full force and effect and enforceable.
g) The Advertising Terms are not assignable, transferable or sub-licensable by you except with Cityhound's prior written consent, but may be assigned or transferred by us without restriction. Any assignment, transfer, or sub-license attempted to be made in violation of the Advertising Terms or Cityhound Terms of Use shall be void.
h) The section titles in the Advertising Terms are for convenience only and have no legal or contractual effect.