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CITYCAPTURE TERMS OF SERVICE |
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1. Your Acceptance
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BY CLICKING THE "I HAVE READ AND AGREE TO THE TERMS OF USE" BUTTON APPEARING AT THE BOTTOM OF THIS AGREEMENT AND USING AND/OR VISITING
THE CITYCAPTURE WEBSITE (the "WEBSITE"), YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT") AND THE TERMS
AND CONDITIONS OF STUPIDVIDEOS' PRIVACY POLICY, WHICH ARE PUBLISHED AT , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO
NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
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2. User Submissions
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CityCapture encourages members of the public to submit videos that they have produced
for consideration in connection with its website and related television programs
and wireless and online broadcasts. |
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CityCapture does not encourage, and does not seek videos that result from any activity
that:
(i) may create a risk of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or mental illness to you,
to any other person, or to any animal;
(ii) may create a risk of any other loss
or damage to any person or property; or
(iii) may constitute a crime or tort. You
agree that you have not and will not engage in any of the foregoing activities in
connection with producing your submission. Without limiting the foregoing, you agree
that you will not inflict emotional distress on other people, will not humiliate
other people (publicly or otherwise), will not assault or threaten other people,
will not enter onto private property without permission, and will not otherwise
engage in any activity that may result in injury, death, property damage, and/or
liability of any kind.
CityCapture will reject any submissions in which CityCapture
believes, in its sole discretion, that any such activities have occurred. |
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If notified by a user of a submission that allegedly violates any provision of this
Agreement, CityCapture reserves the right to determine, in its sole discretion,
if such a violation has occurred, and to remove any such submission from the Website. |
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IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, CITYCAPTURE WILL NOT CONSIDER YOUR SUBMISSION
WITHOUT YOUR PARENT OR GUARDIAN'S CERTIFICATION THAT THEY HAVE APPROVED OF THE ACTIVITIES
INVOLVED WITH YOUR SUBMISSION BEFORE YOU BEGAN PRODUCING IT. |
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3. License Grants |
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By posting or sending a video or any other visual, audio or communication content
("User Submissions"), you expressly grant CityCapture a royalty-free, sublicensable,perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish,
edit, translate, distribute, perform, display, and make derivative works of such
User Submission and your name, voice, and/or likeness as contained in your User
Submission, in whole or in part, and in any form, media or technology, whether now
known or hereafter developed including all promotion, advertising, marketing, merchandising,
publicity and any other ancillary uses thereof, and including the unfettered right
to sublicense such rights, in perpetuity throughout the universe. Any such User
Submissions are deemed non-confidential and CityCapture shall be under no obligation
to maintain the confidentiality of any information, in whatever form, contained
in any User Submission. |
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Subject to the terms and conditions of this Agreement and provided you have paid
all amounts owed to CityCapture, you are hereby granted a non-exclusive, limited,
personal license to use the Website solely for your personal, noncommercial use
on your own behalf. CityCapture may terminate this license at any time for any reason
or no reason, subject to a refund of any amount you have paid to CityCapture during
the thirty (30) days prior to such termination. |
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4. CityCapture Proprietary Rights |
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The contents of the Website, along with any associated software, and all Intellectual
Property Rights (as defined below) related thereto, are the exclusive property of
CityCapture and its licensors. Except as explicitly provided herein, nothing in
this Agreement shall be deemed to create a license in or under any such Intellectual
Property Rights, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from any materials or content accessible on the Website.
Use of the content or materials on the Website for any purpose not expressly permitted
by this Agreement is strictly prohibited. |
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For the purposes of this Agreement, "Intellectual Property Rights" means all patent
rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark,
trade dress and service mark rights, goodwill, trade secret rights and other intellectual
property rights as may now exist or hereafter come into existence, and all applications
therefore and registrations, renewals and extensions thereof, under the laws of
any state, country, territory or other Jurisdiction, relating to the Website, or
any contents or materials related thereto. |
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5. Copyrights, Trademarks and Service Marks of Third Parties |
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The Website and all materials therein, including, without limitation, software,
images, text, graphics, illustrations, logos, patents, trademarks, service marks,
copyrights, photographs, audio, videos and music (the "Content") are or may be protected
under United States and worldwide copyrights or other Intellectual Property Rights
which are owned or licensed, in whole or in part, by us. Content may not be manipulated,
edited, reproduced, performed, republished, posted, transmitted, sold, transferred
or otherwise distributed or exploited in any manner whatsoever from the Website
without our prior written consent, which may be withheld in our sole discretion.
Any manipulation of the Website or any portion thereof, or use of any of the Content
for any other purpose constitutes an infringement of our Intellectual Property Rights,
or of the Intellectual Property Rights of the respective owners of such Content.
Any use of any portion of this Website on any other web site or other networked
computer environment is prohibited without our prior written consent, which may
be withheld in our sole discretion. If you download or print a copy of the Content
for personal use, you must retain all copyright and other proprietary notices contained
therein. |
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CityCapture has in place certain legally mandated procedures
regarding allegations of copyright infringement occurring on the Website. CityCapture
has adopted a policy that provides for the immediate removal of any content or the
suspension of any user that is found to have infringed on the rights of CityCapture
or of a third party, or that has otherwise violated any intellectual property laws
or regulations, or any of the terms and conditions of this Agreement. CityCapture's
policy is to investigate any allegations of copyright infringement brought to its
attention. If you have evidence, know, or have a good faith belief that your rights
or the rights of a third party have been violated and you want CityCapture to delete,
edit, or disable the material in question, you must provide CityCapture with all
of the following information:
(a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is allegedly
infringed;
(b) identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification, a representative
list of such works;
(c) identification of the material that is claimed to be infringed
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled;
(d) information reasonably sufficient to permit CityCapture
to contact you, such as an address, telephone number, and if available, an electronic
mail address at which you may be contacted;
(e) a statement that you have a good
faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
(f) a statement that the information
in the notification is accurate, and, under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to CityCapture’s designated
agent at:
StupidVideos.com
800-401-7534
copyright@citycapture.com |
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6. Representations and Warranties |
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You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent and warrant the following: |
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You are over the age of 18 and have the right and authority to enter into this Agreement,
and are fully able and competent to satisfy the terms, conditions and obligations
therein. |
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You have obtained all consents, and possess all copyright, patent, trademark, trade
secret and any other proprietary rights ("Intellectual Property Rights"), or the
necessary licenses thereto, to grant the license in Section 3. |
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You have the written consent of each and every identifiable natural person in the
User Submission to use such persons name or likeness in the manner contemplated
by the Website and this Agreement, and each such person has released you from any
liability that may arise in relation to such use. |
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You have read, understood, agree with, and will abide by the terms of this agreement. |
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You are not, and have not been an agent of CityCapture and were not and are not
acting on behalf of, or as a representative of, CityCapture or any other party in
connection with the User Submission. |
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The User Submission and CityCapture use thereof as contemplated
by this Agreement and the CityCapture website will not infringe any rights of any
third party, including but not limited to any Intellectual Property Rights, privacy
rights and rights of publicity.
You are not, nor is any other person who appears
in your User Submission, a current member of the Screen Actors Guild (SAG) or of
the American Federation of Television and Radio Actors (AFTRA). |
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You have not and will not engage in any of the following in connection with the
production of, your appearance in, or contribution(s) to your User Submission: infliction
of injury to any person or animal, humiliation of any person (whether public or
private), infliction of emotional distress on any person, assault or battery of
any person, damage to any property without permission, entry on any property without
permission, or any other act or omission that could give rise to civil and/or criminal
liability. |
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The User Submission does not contain:
(i) material falsehoods or misrepresentations
that could harm CityCapture or any third party;
(ii) content that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing or encourages
conduct that would be
considered a criminal offense, give rise to civil liability
or violate any law;
(iii) advertisements or solicitations of business; or
(iv) impersonations
of third parties, other than those which are readily apparent. |
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7. Disclaimer |
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CityCapture does not endorse any User Submission or the views, opinion, recommendation
or advice expressed therein. CityCapture does not review, nor is it responsible
for any User Submission content or the accuracy, usefulness or safety thereof, no
matter the source. You may be exposed to User Submissions that are inaccurate, offensive,
indecent or objectionable. |
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8. Contests and Ratings |
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To be eligible for contests, videos must be uploaded on
or after 12:01 am on the first day of the applicable contest period, and before
midnight on the last day of such contest period, as specified on the Website. Participants
may upload multiple videos, but may only submit the same or very similar videos
once. No purchase of any kind is necessary to participate. Contest winners will
be selected, at CityCapture’s sole and exclusive discretion, from among the eligible
User Submissions deemed most popular by Website users. The chances of winning are
determined by the number of valid entries, which is unknown.
You must be at least eighteen (18) years of age
to be eligible for any contest. Employees or agents of CityCapture, its parent company,
subsidiaries, divisions, affiliates, advertising agencies and members of the immediate
families of each are not eligible to enter any CityCapture contest. Only User Submissions
which are the original work of the participant are eligible, and the participant
must have exclusive rights to all intellectual property associated with the video
as well as the consent of each natural person that is recognizable in the video.
Upon request, prizewinners agree to submit proof
of eligibility, a manually signed version of this Agreement, a Consent and Release
Form for each person shown or depicted in the winning User Submission, and appropriate
tax forms. If you are chosen as the winner of a contest, you hereby consent to the
use of your image, voice, likeness and persona without compensation for any and
all publicity and advertising purposes, and you hereby release CityCapture from
any and all claims arising from such use. If you fail to provide such information,
documentation or consent, CityCapture reserves the right to deny you any prize winnings
and award them to another participant.
CityCapture reserves the right to disqualify user
votes and User Submissions if it determines, in its sole discretion, that a voter
is inappropriately rating videos in order to intentionally skew results. Other special
voting privileges may be issued based on participation with the site. CityCapture
reserves the right to disregard highest and lowest votes in a consistent manner
and/or take other steps in an effort to maintain the integrity of video ratings
in its reasonable judgment. Any contest is void where prohibited by law and is subject
to federal, state and local rules and regulations. Prize winners are responsible
for all taxes associated with contest prizes. A list of winners may be obtained
after each contest ending date by written request. Contests are offered, if ever,
at the sole discretion of CityCapture, during the periods posted on the Website
and under the terms and conditions of this Agreement and any additional rules and
guidelines that may be published under the Contest Rules posted on the Website.
Participants are required to check published rules and guidelines weekly for changes.
If at any time CityCapture is unable to operate
any contest as planned (for example due to financial or administrative difficulties,
fraud or technical failure such as a computer virus/bug or other form of unauthorized
intervention that corrupts the administration, security, fairness, integrity or
proper conduct of any contest), CityCapture reserves the right, in its sole discretion,
to suspend, modify or terminate such Contest. In the event of any such termination
prior to the end of the contest term, notice of such termination will be posted
on the Website.
CityCapture assumes no responsibility for lost,
late, incomplete, misdirected, illegible or postage due contest submissions. |
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9. Third-Party Websites |
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The Website may contain links to third party websites that are not owned or controlled
by CityCapture. CityCapture has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party websites. In addition,
CityCapture will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve CityCapture from any and all liability
arising from your use of any third-party website. Accordingly, we encourage you
to be aware of when you leave the Website, and to read the terms and conditions
and privacy policy of any third-party website that you visit. |
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10. Indemnity |
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You agree to defend, indemnify and hold harmless CityCapture and its parent, subsidiaries,
agents, managers, and other affiliated companies, and their employees, contractors,
agents, officers and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney's
fees) arising from:
(i) your use of and access to the Website, including any data
or work transmitted or received by you;
(ii) your violation of any term of this
Agreement, including without limitation, your breach of any of the representations
and warranties above;
(iii) your violation of any third party right, including without
limitation any right of privacy, publicity rights or Intellectual Property Rights;
(iv) your violation of any law, rule or regulation of the United States or any other
country;
(v) any claim or damages that arise as a result of any User Submission
that you provide to CityCapture; or
(vi) any other party’s access and use of the
Website with your unique username, password or other appropriate security code.
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11. No Warranty |
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THE WEBSITE AND THE CITYCAPTURE SERVICE AND ALL MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
WEBSITE ("MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF
THE WEBSITE OR THE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS
ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STUPIDVIDEOS, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE,
RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS;
THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
CITYCAPTURE DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE CITYCAPTURE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND CITYCAPTURE WILL NOT BE A PARTY TO OR IN ANY
WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM STUPIDVIDEOS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. |
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12. Limitation of Liability |
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IN NO EVENT SHALL CITYCAPTURE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS
TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION
OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER
NO CIRCUMSTANCES WILL CITYCAPTURE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY
RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE
OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE
THAT STUPIDVIDEOS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF CITYCAPTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. |
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13. Sole Remedy |
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IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING
OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL
OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF
THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND UP TO THE AMOUNT
YOU PAID TO CITYCAPTURE DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.
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14. Survival
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The provisions of Sections 7, 10, 11, 12, 13, 14
and 15 shall survive any termination or expiration of this Agreement. |
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15. General
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You agree that: the Website shall be deemed a passive
website that does not give rise to personal jurisdiction over CityCapture, either
specific or general, in jurisdictions other than Deleware. This Agreement shall
be governed by the internal substantive laws of the State of
Deleware
, without respect to its conflict of laws principles. Any
claim or dispute between you and CityCapture that arises in whole or in part from
the Website shall be decided exclusively by a court of competent jurisdiction located
in Deleware. This Agreement, and any other legal notices published by CityCapture
on the Website, shall constitute the entire agreement between you and CityCapture
concerning the Website. If any provision of this Agreement is deemed invalid by
a court of competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term, and CityCapture's failure
to assert any right or provision under this Agreement shall not constitute a waiver
of such right or provision. CityCapture reserves the right to amend this Agreement
at any time and without notice, and it is your responsibility to review the Agreement
for any changes. Your use of the Website following any amendment of this Agreement
will signify your assent to and acceptance of its revised terms.
By accessing the Website and/or by clicking the "I HAVE READ AND AGREE TO THE
TERMS OF USE" button, you represent that you have
read this Agreement in its entirety, understand its terms and conditions, are duly
authorized to execute this Agreement on behalf of yourself, and you agree to be
bound by the terms and conditions of this Agreement. |
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