Last Updated On: March 1, 2012
1. ACCEPTANCE OF TERMS:
2. RESTRICTIONS ON USE AND CONDUCT OF USERS:
b) Content and Responsibility: All content on this Site, including but not limited to text, images, graphics, logos, photos, music, sound, video, messages or other materials (the “Content”) are the exclusive responsibility of the party from which such Content originated. “Your Content” means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations, and information that you display or distribute. “Cityhound Content” means Content that we create, post, or otherwise make available, on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Cityhound or its users, including advertisers and businesses. Unless otherwise stated, no Content from this Site may be copied, reproduced, republished, transmitted, sold or distributed in any way or by any means. Cityhound does not monitor or control the Content posted to this Site, and consequently, each user is strictly responsible and liable for all Content uploaded, posted, emailed, transmitted or otherwise made available on the Site. Cityhound does not warrant or guarantee the accuracy, integrity or quality of such Content and nor does the Content necessarily reflect the opinion of Cityhound. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Cityhound. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You agree to indemnify and hold Cityhound and its officers, directors, agents, subsidiaries, joint ventures, employees, owners, partners and third-party service providers (collectively the “Cityhound Group”), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of any of the foregoing, Your Content, your use of the Site, or your violation of any law or the rights of a third party.
c) Ownership: You own Your Content (subject to the License granted below) and we own the Cityhound Content, including but not limited to visual interfaces, interactive features, graphics, design, compilations, computer code, products, software, aggregate user review ratings and all other elements and components of the Site excluding Your Content. We also own all intellectual and proprietary rights, including copyrights, trademarks, service marks, trade names, and moral rights throughout the world associated with the Cityhound Content and the Site. You may only use or reproduce the Cityhound Content for your own personal and non-commercial use. The Cityhound Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of Cityhound. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through the Site and maintain such notices in the Content.
d) License: We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By posting, uploading or submitting any information, material or Content to the Site, you automatically grant (or automatically warrant that the owner of the rights to such material, information or Content has expressly granted) the Cityhound Group a perpetual, royalty-free, irrevocable non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute, display and otherwise exploit any or all portions of such information, material or Content. In additional, you irrevocably waive all moral rights in any such information, material or Content. Cityhound does not guarantee that you will have any recourse through the Site to edit or delete any of Your Content. We also reserve the right to remove or refuse to post Your Content or any submission for any reason at the sole and absolute discretion of Cityhound.
e) Availability: This Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
f) Prohibited Use: You hereby irrevocably warrant and agree not to use this Site or the Services in any manner which may or could interfere with their operation nor to create, upload, post, publish or otherwise transmit or disseminate any material, information, or Content which:
i. may be considered or is libellous, defamatory, untrue, obscene, threatening, violent, scandalous, or discriminatory;
ii. could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault or fraud;
iii. violates the personal, proprietary, or intellectual property rights of Cityhound or any third party;
iv. contains a virus or any other contaminating or destructive features;
v. contains commercial content or promotes a business or other commercial venture or event, unless in connection with a Business Account as expressly permitted by Cityhound;
vi. contains bulk offers, surveys, contests or other mass messaging, whether commercial or not;
vii. in any other manner, contravenes applicable statutes, laws, rules, orders, regulations, bylaws or other legal requirements;
ix. is a modification, adaptation, appropriation, reproduction, distribution or exploitation of the Site or Content (other than your Content) unless expressly authorized by Cityhound
g) Advertising: Cityhound and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CITYHOUND GROUP. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
Cityhound intends for the Content and the Site to be accurate and reliable, however, the Site and Content are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Cityhound Group disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose with respect to the Site, the Content, or any materials accessible therefrom and any website with which it is linked. The Cityhound Group does not warrant the functions, the Site, the Content or links contained on the Site or that the Site and Content will meet your requirements, that the Site, or the Content are fit for any particular purpose or that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or Content are free of viruses, or another harmful components. The Cityhound Group do not warrant or make any representations regarding the use or result of the use of the Site or Content or Services on the Site in terms of correctness, accuracy, reliability, or otherwise.
You acknowledge that, notwithstanding your use of the Site, the Services, or the Content provided herein, the Cityhound Group does not endorse any specific individual, partnership, association, business, or service provider.
Cityhound Group makes no claims or promises with respect to any third party, such as the businesses listed on the Site or the Site’s users. Accordingly, the Cityhound Group is not liable to you for any loss or damage that might arise from their actions, including if another user misuses Your Content or identity or if you have a negative experience with one of the businesses listed on the Site. Your purchase or use of any product or service of any third party listed on the Site is entirely at your own discretion and risk.
Should you have a dispute with any third party, you must address such dispute with the third party directly, and you hereby agree to release the Cityhound Group from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with third parties listed on or linked to this Site.
Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related Services, or any third party listed on or linked to the Site, shall be your termination and discontinuation of access to, or use of, the Site.
4. LIMITATION OF LIABILITY:
You acknowledge and agree that your use of this Site may expose you to Content that is, inter alia, inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances, including, but not limited to negligence, shall the Cityhound Group, be liable for any damages whatsoever, including direct, indirect, special, incidental, or consequential damages or losses arising from your use of, or inability to use, or the performance of, this Site, the Content, or the Services, even if Cityhound or an authorized representative has been advised of the possibility of such damages. Nor shall Cityhound Group, in any event, be liable to you or any third party for any special, punitive, incidental or consequential damages, including loss of profits, business interruption, reputational harm, or the loss of data arising out of or in connection with the use of the Services or the Site or any service or site referenced in, or linked to, the Site.
5. CITYHOUND BUSINESS ACCOUNTS:
8. DEALINGS WITH ADVERTISERS OR THIRD PARTIES:
Any correspondence or business dealings with any third parties, including merchants, sellers, buyers, or advertisers found on or through the Site, are solely between you and such third parties. The Cityhound Group has no control over the quality or legality of the Content advertised or the truth or accuracy of any representations made by such third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. You and the third party are responsible for compliance with all laws applicable in any transaction.
9. LINKS TO THIRD PARTY SITES:
This Site contains links to third-party web-sites or services that are not under the control of Cityhound. Consequently, we make no representations whatsoever about any other web-site or service to which you may have access through this Site. Cityhound provides these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such web-sites or services. The Cityhound Group shall not be responsible for the contents of any site linked to this Site or for any link contained in a linked site. Your use of third party sites is at your own risk.
10. PROPRIETARY RIGHTS
11. TERM AND TERMINATION:
Cityhound may terminate your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Upon such termination by Cityhound, 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 Business Account payments that we have received from you, and we may continue to bar your use of the Site and Service in the future.
12. WARRANTIES AND DISCLAIMERS:
Some provinces or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot by law be excluded are limited to ninety (90) days.
Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event shall the total liability to you by Cityhound or Cityhound Group for all damages, losses, and causes of action (whether in contract or tort (including but not limited to negligence) or otherwise) 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 action giving rise to the liability, or (ii) CDN $100.00.
13. GOVERNING LAW AND SEVERABILITY:
15. 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 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.
e) Any failure on Cityhound's part to exercise or enforce any right or provision of the Terms 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 Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
g) The Terms are not assignable, transferable or sub-licensable by you except with Cityhounds'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 Terms shall be void.