1. Terms of Service/User Agreement
Welcome to www.cityblis.com!
1.1 INTRODUCTION; THIS IS A CONTRACTUAL AGREEMENT
This website and associated websites (together, “CityBlis”) are owned and operated by Complex Made Simple, Inc. and/or its affiliates (together, “Company” or “us”) and are available for use subject to the following terms and conditions. THIS TERMS OF SERVICE/USER AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF CITYBLIS. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE/USER AGREEMENT, DO NOT USE CITYBLIS. By accessing, viewing, browsing, visiting or using CityBlis, you agree to this contract and accept these conditions.
Access to CityBlis is subject to the following terms, conditions and notices. By using CityBlis, you are agreeing to all of the provisions of the Terms of Service/User Agreement, as may be updated by us from time to time.
You also agree to be bound by the posted terms and conditions on other websites operated by Company and its related and affiliated companies, to the extent that you use those websites.
You should check this page regularly to take notice of any changes we may have made to the Terms of Service/User Agreement.
In our sole discretion we may change and adapt terms, policies, agreements and guidelines (“Policies”) and any provisions of this Terms of Service/User Agreement to meet current conditions, and you agree that as so changed by us they form part of this Terms of Service/User Agreement. Amended terms will be posted on CityBlis and will be effective within 30 days of being so posted. If you should not accept such changes to said agreement or policies, you should immediately terminate your account with CityBlis as continued association will constitute acceptance of any changes.
Any reference to “you” in this agreement and Policies includes anyone acting on your behalf or with your express or implied authority.
All content included on this site, including but not restricted to text, logos, icons, graphics, images, photos audio clips, digital downloads, data compilations, and software, is the property of Company or its associated suppliers and protected by United States, Swedish and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States, Swedish and international copyright laws.
1.3.1 Copyright Infringement Complaints
If you believe that your work has been copied or that or intellectual property rights have been infringed in a way that constitutes copyright infringement, please contact us directly via our contact details with the subject “copyright infringement”.
1.4 INTELLECTUAL PROPERTY, SOFTWARE, TRADEMARKS AND CONTENT
The intellectual property rights in all software and content available through CityBlis remains the property of Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Company and its licensors. You may store, print and display the content supplied solely for your own personal use or as part of commercial business through CityBlis.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Company or its licensors. CityBlis.comTM is a trademark belonging to Company. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorably similar without the written permission of Company.
Company permits limited access to make personal use of CityBlis. It is expressly forbidden to download (page caching excluded), modify or copy CityBlis or any portion of it, commercially use or resell any content available through CityBlis. This includes: collection and use of product listings, descriptions or prices; derivative use of this site, its contents or affiliates; downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore no content may be copied, sold, resold, reproduced, duplicated, manipulated or taken advantage of without written consent of Company. There shall be no exploitation of any trademarks, logos or other proprietary information including meta tags or any other "hidden text" of CityBlis without express written consent. Unauthorized use will terminate any limited license granted by Company and leave offenders open to prosecution. A limited, annullable and nonexclusive permission to establish hyperlinks to the home page of www.cityblis.com or its affiliate websites is granted on condition that the link does not misrepresent, mislead or offend Company, CityBlis, or its products or services or make use of any Company or CityBlis logos, trademarks or proprietary property.
Access to CityBlis is permitted on a temporary basis, and we reserve the right to withdraw or amend access without notice. We will not be liable if for any reason access is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of CityBlis.
You must not misuse CityBlis. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of CityBlis; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through CityBlis. Breaching this provision would constitute a criminal offense under United States and California law and the (Swedish) Computer Misuse Act 1990 and the laws of other countries. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
The services and information available on CityBlis may not be used for any illegal enterprise or any detrimental purpose and are intended for lawful purposes only. You are required under this agreement to comply with all applicable laws and regulations. All information must be true and correct and you may not register under false details or impersonate individuals or entities. Any illegal actions or fraudulent information will be immediately reported to authorities and information including but not limited to your contact details, IP address, usage and activities may be accessed and/or disclosed as part of any investigation.
CityBlis reserves the right (but not the obligation) to review, investigate, remove or edit content and/or actions which it deems to violate policy. Possible repercussions may include but are not limited to content deletion, warning, suspensions or even termination.
You alone, and not CityBlis or Company, are responsible for ensuring that your activities, actions and posted information on CityBlis are lawful and comply with all applicable domestic and international laws. CityBlis reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.
If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.
You further agree not to interfere or attempt to interfere with the content, transactions, applications, software or any other mechanism of CityBlis, create liability for Company or cause loss of ISPs or suppliers.
You alone, and not CityBlis or Company, are responsible for ensuring that your activities, actions and posted information on CityBlis are lawful and comply with all applicable domestic and international laws.
1.7 CONTRIBUTIONS FROM YOU
1.7.1 Submission of Material
By submitting any material to us, you represent that you own it and automatically grant Company the worldwide, royalty-free, perpetual, exclusive right and license to use, sub-license through multiple levels, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that Company is not obliged to publish any material submitted by you on any CityBlis publication.
We advise that you consider carefully before revealing any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
In certain circumstances Company may also share your contribution with trusted third parties.
If you fail to abide by these conditions you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of CityBlis.
Company reserves the right to delete any contribution, or take action against any CityBlis account, at any time, for any reason.
If you do not want to grant us the permission set out above on these terms, please do not submit or share your contribution on CityBlis.
1.8 CONTENT & COMMUNICATIONS FROM YOU
CityBlis allows you to upload or post electronic communications including: photos, reviews, feedback, ideas, comments, and questions, send and receive emails and e-cards or any other form of information. This practice is accepted and encouraged on condition that the content does not infringe intellectual property rights, and is not obscene, illegal, insulting, offensive, slanderous, or intrusive of privacy, and does not contain software viruses or spam.
All forms of communication should be genuine and made in good faith and should not be intended to mislead others through false e-mail addresses, content, or any form of misinformation or impersonation of persons or entities. You may not omit, post information or perform actions that may undermine the integrity of the content provided. We cannot and do not confirm each member's alleged identity or information.
CityBlis reserves the right (but not the obligation) to remove or edit content which it deems to violate any of the aforementioned terms and conditions but makes no claim to review any information uploaded by users. Furthermore, in our sole and unconditional discretion CityBlis reserves the right to terminate membership in relation to such matters.
You agree to indemnify Company for all claims resulting from any content you submit or post. Company takes no responsibility and assumes no liability for any content submitted by you or any third party.
You represent that all content posted on CityBlis is accurate and is owned or the rights to said content is controlled by you.
By submitting, posting or uploading any content to us, you represent that you own it and automatically grant Company the worldwide, royalty-free, perpetual, exclusive right and license to use, sub-license through multiple levels, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide, both commercially and non-commercially, and/or to incorporate it in other works in any form, media, or technology now known or later developed.
1.8.1 Electronic Communications
By visiting CityBlis or sending e-mails to us, which constitutes electronic communication, you correspondingly consent to receive electronic communications from us. This can occur either through e-mail or by electronic notices on this site and shall be deemed to satisfy any legal requirement that such communications be in writing.
You may also be exposed to information from other users which may be harmful, incorrect, misleading or abusive. CityBlis does not condone but does not undertake to monitor such information so exercise caution in all your dealings as CityBlis has no control over and does not endorse or guarantee information posted by other Users.
1.9 CITYBLIS IS ONLY A VENUE
CityBlis is a platform for enabling connections among persons accessing, viewing, browsing, visiting or using CityBlis (“Users”). CityBlis does not take part in the interaction between Users. CityBlis does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any services or products provided by its Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. CityBlis does not have control over the quality, timing or legality of products or services delivered by its Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the products or services requested and provided by Users identified through CityBlis or any other website, whether in public, private, or offline interactions. CityBlis cannot confirm that each User is who they claim to be. Company does not assume any responsibility for the accuracy or reliability of any information on CityBlis or any other website. Investigating or completing transactions on CityBlis may involve in-person interactions; CityBlis does not screen or verify or vouch for its users’ histories, propensities or intentions, and you are advised to use common sense to protect both your commercial interests and personal safety engaging in in-person interactions or when sharing information by remote communication. Thus, CityBlis is only a venue.
1.10 APPLICABLE LAW
In addition to this Terms of Service/User Agreement you must review and comply with all applicable policies, domestic and international laws, statutes and regulations regarding your use of Company or CityBlis services.
If you and we are unable to resolve any dispute, controversy or claim related to this Terms of Service/User Agreement through informal negotiations, either you or we may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Terms of Service/User Agreement, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution. You and we agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights and (b) any claim for injunctive relief.
To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Arbitration will take place at in any reasonable location in the county of San Diego, California, USA. You and we agree that for any Dispute not subject to arbitration, or where no election to arbitrate has been made, the courts located in the state of California, USA have exclusive jurisdiction and you and we agree to submit to the personal jurisdiction of such courts.
1.12 VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of this Terms of Service/User Agreement to us.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for us to pursue legal action to enforce this Terms of Service/User Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of this Terms of Service/User Agreement:
a. If you make a posting that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) includes personal or identifying information about another person without that person's explicit consent, you agree to pay us one thousand dollars ($1,000) for each such message.
b. If CityBlis establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay us one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access CityBlis in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to CityBlis email addresses or through our computer systems, you agree to pay us twenty five-dollars ($25) for each such email.
d. If you post Content in violation of the Terms of Service/User Agreement, other than as described above, you agree to pay us one hundred dollars ($100) for each Item of Content posted. In its sole discretion, we may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the Terms of Service/User Agreement, in addition to any liquidated damages under clause (d), you agree to pay us one hundred dollars ($100) for each and every Item you post in violation of this Terms of Service/User Agreement. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of this Terms of Service/User Agreement) agrees to pay us an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms of Service/User Agreement.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of this Terms of Service/User Agreement without our express written permission, you agree to pay us three thousand dollars ($3,000) for each day on which you engage in such conduct.
For breaches other than such specified breaches, you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Terms of Service/User Agreement, we retain the right to seek the remedy of specific performance of any term contained in this Terms of Service/User Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Terms of Service/User Agreement, or any combination thereof.
CityBlis is available to any party who can form legally binding contracts under applicable law. To register you must define a User ID and a valid e-mail address.
CityBlis and its associated websites are not available to persons under 18 years of age. Minors are not allowed to use the services provided by CityBlis. If representing a business or corporation, accounts can be characterized under said name but it is agreed to be the personal account of the registering person who will be wholly responsible for all actions and activities performed under said account. Furthermore, your membership and your account are non-transferable. You warrant that if you are a business you are validly registered and organized according to the laws of the country in which your business is registered and have the authority to form this contract.
CityBlis and Company reserve the right to terminate your membership, access to services or the entire CityBlis site, immediately, without notice and without recourse, in our sole discretion. Should this occur, you are forbidden from applying for a new account.
Due to confidentiality and privacy concerns, we are not obligated to provide you or other parties any details or information other than what is already provided to you.
1.14 CITYBLIS EMPLOYEE/AFFILIATE PARTICIPATION
In their own personal capacity all employees and/or affiliates of Company are permitted to engage the services of CityBlis and are governed by the same agreements and policies applied to any general user on this site. Employees of Company and/or its affiliates are not permitted to use the services of CityBlis as employees or agents of other persons for personal gain and will be liable for any unlawful actions.
1.15.1 Free Usage
Creating a CityBlis account to list, buy or sell products and/or services on our site is 100% free. CityBlis reserves the right to change or review this policy at any time. Some services to which we link may charge fees.
CityBlis may allow Users to purchase add-ons to their stores. CityBlis shall determine the price for such add-ons and may change them at any time. Purchases of add-ons will be conducted through PayPal. All sales of add-ons are final. Company may, in its sole discretion, refund Users for add-ons.
1.16 THIRD PARTY BUSINESSES
1.16.1 Who Are Third Party Businesses
CityBlis allows any individual, company, store, merchant, trader or dealer to provide products and/or services on CityBlis with links to affiliated sites. Company and CityBlis undertake no obligation to review, inspect, evaluate or condone any products and/or services listed on CityBlis or the content on linked websites. Company takes no responsibility or liability for any content, products, services or actions associated with said parties or websites. You are encouraged to review third party privacy policies, user agreements and conditions of use if available.
Item prices are set by individuals and/or merchants and are not under the control or influence of Company.
1.16.3 Delivery Loss
All products procured through CityBlis are done so in conformance with shipping agreements. CityBlis takes no responsibility for said products once delivered to couriers as the risk of loss is then passed to you.
1.17 BUYING & SELLING ON CITYBLIS
By purchasing an item from a seller you agree to be bound by the general conditions of sale set forth by CityBlis and the specific conditions of sale set forth by the seller, excluding conditions which violate the policies and agreements of CityBlis or are illegal. By buying or selling an item you represent that you have legal right to, as applicable, buy or sell said item which does not - infringe third-party intellectual property rights (including but not limited to trademark, patent, and copyright) or proprietary rights (including but not limited to privacy), represent defamation or slander or is illegal, misrepresented, misleading or deceptive or counterfeit or stolen. All parties use the services of CityBlis at their own risk.
1.18 TERMS OF SALE
By adding an item to Cityblis you agree to sell and ship said item when it is purchased according to the conditions for which it was purchased subject to the following terms and conditions. You agree to complete all transactions entered into and can be held legally liable for any non compliance.
By placing an order you are agreeing to purchase a product on and subject to the following terms and conditions. You agree to complete all transactions entered into and can be held legally liable for any non compliance.
All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to enter any agreement/contract on CityBlis you must be over 18 years of age and possess a PayPal account and/or a valid credit or debit card issued by an acceptable bank. Company retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. Where a contract is made with a third party, Company is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized owner of the PayPal account or user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
1.18.1 Contract Acknowledgement
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
1.18.2 Pricing and Availability
Whilst we try to ensure that all details, descriptions and prices which appear on CityBlis are accurate, errors may occur. If so, the correct information shall govern transactions, not the erroneous information.
CityBlis Users shall pay for their purchases through PayPal according to the agreed upon price between the Users for the use of the service or product, and you hereby authorize us, through PayPal, to charge your credit card or PayPal account for such amounts. Amounts paid will go to the seller’s PayPal account. CityBlis retains the right, in its sole discretion, to place a hold on any payment for a completed transaction.
While Company will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Company harmless for any damages that may result therefrom.
1.18.4 Promotions; Discount Codes
CityBlis may from time to time provide certain promotional opportunities to Users. All promotions will be run at the sole discretion of Company, and can be activated, modified or removed at anytime by Company without advance notification.
1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
2. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though CityBlis.
1.18.5 Gift Vouchers
1. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
2. We do not accept any responsibility for stolen or deleted gift vouchers.
3. We’ll dispatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We accept no responsibility for any delays, no matter how they are caused.
4. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so as we cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
5. From time to time, gift vouchers may get caught in spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
6. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
The conditions of use relating to any discount code and/or gift voucher will be specified at the time of issue.
1.18.6 Returns and Refunds
No refunds or credits will be provided by Company. All CityBlis "stores" are required to submit a refund policy to be displayed on the site, please read these policies carefully before purchasing.
1.18.7 Seller Taxes
You agree that it is the Seller's responsibility to determine whether appropriate taxes are applied to transactions and it is the Seller's responsibility to collect, report and submit the correct said taxes to the correct tax authority. You agree that Company has no obligation to determine, define, collect, report or submit Seller Taxes including but not limited to - sales, use, goods and services, excise, import, export, value added, consumption, duties or other taxes incurred, to be collected or paid through use of CityBlis.
All sellers are responsible for all sales taxes applicable to transactions. Sellers may require buyers to pay the stated actual applicable sales tax amount, as part of the transaction.
1.18.8 Tax & Duties
Purchases made from all CityBlis “stores” outside your country or trading zone may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any and all such charges applied in relation to customs clearance must be borne by the purchaser as CityBlis not its “stores” have no control over these charges. Please contact your local customs office or post office for more information regarding importation taxes/duties that may be applicable to your online order.
1.19 LINKING TO CITYBLIS
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
CityBlis must not be framed on any other site, nor may you create a link to any part of CityBlis other than the home page. We reserve the right to withdraw linking permission without notice.
1.20 USER ID & PASSWORD
Your User ID and password can only be used to access and utilize the services available on CityBlis. You are wholly responsible for all actions performed and/or information posted with your User ID and password. This includes any actions or postings occurring after disclosing your User ID and password to third parties (Company and CityBlis do not recommend such disclosure). Should you choose to do so, ensure that you are familiar with all third party privacy policies beforehand. It is your responsibility to maintain the security of your password. However, if your password is compromised, you must change your password immediately.
1.21 CITYBLIS RESERVATION OF RIGHTS
In our sole discretion Company reserves all rights, including but not limited to the right to select, define, change, remove or add any information, appearance, application, software or functionality of the complete CityBlis site.
1.22 WARRANTIES DISCLAIMER & LIMITATION OF LIABILITY
To the extent permitted by law, Company disclaims all express and implied warranties. This includes but is not limited to merchantability and Company cannot endorse or authenticate information, products, services, warranties, claims or promises made by sellers.
As CityBlis functions as a platform and is not involved in transactions between buyers and sellers or other parties or affiliates, CityBlis and Company disclaim all liability; Company will not be liable for loss in profits or damages of any kind (direct, indirect, incidental, punitive, and consequential) in relation to any actions or content provided on or made available to you through CityBlis, however arising, including negligence.
Company makes no guarantee that CityBlis and its servers, including but not limited to content and electronic communications, are free from viruses or any other unsafe entities. Company gives no assurances the services or CityBlis itself will satisfy your needs and requirements, be available safe, secure, continuous or function without error.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of CityBlis or to your downloading of any material posted on it, or on any website linked to it.
CityBlis and Company are not responsible for any incorrect or inaccurate Content posted on CityBlis or in connection with CityBlis, whether caused by Users of CityBlis, or by any of the equipment or programming associated with or utilized in CityBlis.
CityBlis and Company are not responsible for the conduct, whether online or offline, of any User of CityBlis. Use common sense in your interactions with other Users!
CityBlis and Company assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. CityBlis and Company are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with CityBlis.
Under no circumstances will Company or CityBlis or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of CityBlis, any content posted on CityBlis or transmitted to Users, or any interactions between Users of CityBlis, whether online or offline.
CityBlis and Company cannot guarantee and do not promise any specific results from use of CityBlis.
You agree that your use of CityBlis shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CITYBLIS AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR YOUR FOLLOW UP WITH OTHER USERS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CITYBLIS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR CITYBLIS’S OWN USERS THROUGH CITYBLIS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS, OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Interactions and Transactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CITYBLIS DOES NOT IN ANY WAY SCREEN ITS USERS, NOR DOES CITYBLIS INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR INTENTIONS OF ITS USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USER OR ITS ABILITY TO PAY A SUPPLIER OR ANY SUPPLIER'S ABILITY TO PROVIDE A USER WITH THE DEMAND REQUEST. YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH USERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE NATIONAL, MULTINATIONAL, FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY USER, YOU MUST ADDRESS SUCH DISPUTE WITH THE USER DIRECTLY.
PLEASE NOTE THAT RELYING ON RATINGS, REVIEWS AND RECOMMENDATIONS FROM OTHERS IS AT YOUR OWN RISK. FIRST, IT IS POSSIBLE THAT RATINGS, REVIEWS, AND RECOMMENDATIONS MAY BE ILLEGITIMATE, OR PROVIDED IN BAD FAITH. ALSO, FOR ILLUSTRATIVE PURPOSES AND NOT TO LIMIT THE AREAS WHERE THIS IS APPLICABLE, SOMEONE WHO HAS EXCELLENT RATINGS FOR SELLING ONE SORT OF PRODUCT MAY NOT BE A GOOD SELLER OF A DIFFERENT SORT OF PRODUCT. FURTHER, SOMEONE MIGHT GIVE A USER HIGHER RATINGS WHILE ANOTHER USER WOULD GIVE SUCH SELLER WORSE REVIEWS OR LOWER RATINGS FOR THE SAME PRODUCT OR SERVICE, THESE RATINGS AND REVIEWS CAN BE HIGHLY SUBJECTIVE. MOREOVER, A PERSON WHO WAS ONCE HIGHLY REVIEWED MAY NOT BE RELIABLE ANYMORE. THESE REVIEWS AND/OR RATINGS ARE BASED ON PAST EVENTS, ON OPINION, AND POSSIBLY ON SMALL AND/OR UNREPRESENTATIVE SAMPLES, AND MAY NOT ACCURATELY PREDICT FUTURE PERFORMANCE. USING SUCH RATINGS IS AT YOUR OWN RISK.
Company websites, information, material, products, services, content, electronic communications, software and applications are provided to Users on an “as is” basis. Company makes no express or implied warranties of any kind in relation to any actions or content provided on or made available to you through CityBlis. You explicitly accept and make use of CityBlis in its entirety at your own discretion and at your own risk and will be held legally responsible for any content you post or actions you perform.
You agree to indemnify and hold harmless CityBlis and Company and their affiliates including but not limited to their directors, agents, employees and representatives from and against any and all claims, demands, costs, losses, judgments, penalties, expenses and interest, proceedings, losses and damages (direct, indirect, putative, actual or consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Terms of Service/User Agreement or our Policies or your violation of any law or the rights of a third party.
If you breach this Terms of Service/User Agreement or the Policies and no action is taken, we will still be entitled to use our rights and remedies in any other situation where this Terms of Service/User Agreement or the Policies is breached
Any waiver of any provision of this Terms of Service/User Agreement or the Policies will be effective only if in writing and signed by Company. Delays, non-execution and/or omissions in executing any right or remedy shall not in any way be considered a waiver or prevent subsequent execution of said right or remedy. Execution of any right or remedy shall not in any way hinder further execution of any and all rights and remedies.
1.25 NO AGENCY, NO PARTNERSHIP, NO EMPLOYMENT
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Service/User Agreement or the Policies.
CityBlis is not an employment service and does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if Company is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to Company an equivalent amount, including any interest or penalties thereon.
1.26 ENTIRE AGREEMENT
This Terms of Service/User Agreement and the Policies form the entire agreement by which we and you are bound and as such all previous statements, representations, agreements and the like are void or superseded.
1.27 SEVERABILITY AND REFORM
Any term or condition judged unlawful or void shall be severed from this Terms of Service/User Agreement and the Policies and shall in no way affect the validity and/or enforceability of the remaining agreement, clauses and sub-clauses. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
1.28 ADDRESS FOR DISPUTES & NOTICES
All disputes and/or notices to CityBlis or Company should be delivered to firstname.lastname@example.org or mailed to us at:
Complex Made Simple, Inc.
417 07 Göteborg