CityBlogUSA.com

The CityBlogUSA Network

Agreement for Terms of Service

Current Agreement Date: May 1, 2007
Prior Agreement Date: None

What is the CityBlogUSA Network?

The CityBlogUSA Network is network of community-based (city based) blogs where residents and others can post information about topics of interest to themselves and others. Blogging, posting comments on the Internet for other to read and respond to, is an electronic methodology that uses the Internet for social networking.

CityBlogUSA provides its national, state and city blog service that allows its Users, who may also be Members, to .post. blogs, create .comments. to other people.s blogs and to read the information placed by other people.

Depending on their level of use and the services designed, users may be asked to create an account or login information in order to gain access to the services provided by the CityBlogUSA Network.

The blog services offered by CityBlogUSA include the CityBlogUSA.com website, State blog websites, such as ArizonaBlogPage.com, NewYorkBlogPage.com, KansasBlogPage.com, etc., and community-blogs that are subdirectories of community-based websites operated by ePartner USA, Inc., the owner, operator and supplier of the services and products made available in and through the CityBlogUSA Network. U.S.

What is this Agreement of Service?

This is the CityBlogUSA Network Agreement of Service Agreement, (hereafter called .Agreement.). This is the legally binding Agreement between all users and CityBlogUSA. As the only Agreement it is the legally binding contract under which the users and CityBlogUSA (hereafter called .Parties.) governed for the use of any of the blog websites and their components, offerings, technology and programs operating within and known as the CityBlogUSA Network of national, state and community-based blogs.

The Agreement is the only Agreement between all users, passive and active, member and non-member. Users agree that The CityBlogUSA Network Privacy Policy is incorporated herein and made a part of this Agreement. The Agreement is entered into when any user engages any of the websites used in the CityBlogUSA Network and it, upon such use, forms an electronic online contract between all users and CityBlogUSA and its parent company, ePartnerUSA, Inc. whose principal administrative address is POB 3205, Prescott, AZ, 86302-3205.

Users are obligated to read this Agreement prior to use and are welcome to copy and print it for their records. If you do not agree with any of the terms and conditions of this Agreement, you should immediately depart the website(s), close all browser windows providing access to the CityBlogUSA Network and STOP using the CityBlogUSA Network in whole. IF YOU WISH TO BECOME A USER OR A MEMBER OF ANY PART OF THE CITYBLOGUSA NETWORK AND BLOG WITH OTHERS, PURCHASE SERVICES OR PRODUCE OR OTHERWISE MAKE USE OF THE CITYBLOGUSA SERVICES, YOU ARE REQUIRED TO READ THIS AGREEMENT AND DURING THE REGISTRATION PROCESS YOU MUST TAKE ACTION INDICATING YOUR TOTAL ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

Users who DO not in agree with the entirety of the Agreement must remedy such non-Agreement by not using the CityBlogUSA Network at all; as this is the only recourse for non-Agreement with the Agreement. If any user is not in Agreement with the Agreement, he/she, by his/her use is automatically in default of the Agreement and in violation of all covenants and Agreement s set forth within the Agreement. Continued use of the CityBlogUSA Network by any user who is not in Agreement with the Agreement as set forth herein and modified from time-to-time is prohibited under all circumstances. All users that are not in Agreement with the Agreement are noticed hereby that their use without Agreement with the Agreement is .at risk. use and while engaged in use such users are acting in willful and perpetual illegal use of the CityBlogUSA Network.

What is ePartner USA, Inc.?

ePartner USA, Inc., except in that case of that which is owned by third party providers, owns and operates the blogging network known as CityBlogUSA and all of its components including, but not limited to all code, graphics, text messages, operating schema, data, online documents, hardware and services used for the collection, storage and presentation of content within its Network(s).

Those who elected to use the CityBlogUSA Network do so as a voluntary act of their own volition and when choosing to do so, agree to be bound by the Agreement and all of its conditions which become the contractual Agreement between CityBlogUSA, Inc., its owners, shareholders, managers, employees and agents and therefore, all users hereby agree to abide by and be bound by the terms and conditions set forth herein and unless another written Agreement is executed with CityBlogUSA, Inc. or ePartner USA, Inc. all users do hereby agree to and are hereby bound to this Agreement .

General Requirements for use of the CityBlogUSA Network

All users agree to provide true and accurate information when prompted for such things as name, email address, login information, passwords, password hints and all other information where truthfulness is either implied or expressed as a requirement.

If granted an online identity, user id or password, each user agrees that he/she is the only entity responsible for the security of such information and that CityBlogUSA, Inc. is not in any manner liable for any perceived or actual loss or damage from any user.s failure to secure and maintain such information as a matter of obligations set forth a as a Term of use.

Content posted by users is the responsibility of the user so posting or, in the case of posting by individuals who use pseudo identity in order to post, the account owner and the imposter and not CityBlogUSA even in the case(s) where posting has been executed by either stolen identity or loaned login information. All personally identifiable information submitted by users is always governed by and subject to the CityBlogUSA Privacy Policy (link this to the privacy policy).

Users or entities are only entitled to set up and maintain one (1) user identified account for the purpose of blogging. Multiple accounts and automated account generations are strictly prohibited.

Posting or Supplying Information to the Websites

Users are responsible for the content they post to any part of the websites used in the CityBlogUSA Network. Users should take care in terms of what information they post on CityBlogUSA and that they provide to other Users. Users are encouraged to avoid posting any information that they do not want in the public domain whether content or personal information. If any user posts personal information, they do so at their own risk. Content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Determination of what is acceptable will be made solely by CityBlogUSA and not by any user(s). Despite this prohibition, information provided by other CityBlogUSA Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and CityBlogUSA assumes no responsibility or liability for this material. If you become aware of misuse of the CityBlogUSA Services by any person, please contact CityBlogUSA immediately at the address, phone number of email address supplied herein.

This Agreement is an End User License Agreement (EULA)

This is an End User License Agreement, also known as 'EULA' in the legal and technical world. By means of an Internet connection and by those Internet browsers supported by the technology used to generate the CityBlogUSA Network, CityBlogUSA does hereby grant users (you) a non-exclusive and non-transferable EULA, giving the user the right to access and use the CityBlogUSA Network.

It is a violation of this for any user to allow or facilitate an allowance to utilize the CityBlogUSA Network for any reason(s) other than those that are a part of the purpose of CityBlogUSA. If any user attempts to facilitate use of the CityBlogUSA Network by any unauthorized user is a breach of this Agreement. User's have been granted no rights, implied or express to grant others any use rights or access to the CityBlog Network, since such access rights belong to and are under the control of ePartner USA, Inc. and CityBlogUSA and are governed by this Agreement. This Agreement shall in no way or at any time or place, grant any user a right(s) of assignment, sale, lease, hypothecation, distribution in whole or in part or transfer of any kind to any other users, person or entity other than the authorized and recognized user so registered with CityBlogUSA. Furthermore, all rights that are not expressly granted to users in this Agreement are rights reserved by and belonging to CityBlogUSA and ePartner USA, Inc. No user may,

Engage or attempt to engage in a license, sub-license, sale, resell, transfer, assignment, distribution or other form of commercial exploitation of the content or technology components used in the CityBlogUSA Network.
Attempt to use, modify or create any derivative works based upon the CityBlogUSA Network.
Implement, plan to implement or collaborate to implement any type of reverse engineer or access the CityBlogUSA Network for the purpose of designing a competing model, product or service that is similar to the CityBlogUSA Network.
Users do hereby, individually and collectively, agree that all ownership, distribution and financial rights belong solely to CityBlogUSA and ePartner USA, Inc. and to no other entities, persons or group of persons.
CityBlogUSA owns all rights, title(s), and interest(s) in and to the CityBlogUSA Network, including all intellectual property rights therein except in those cases where third parties intellectual or copyrights apply.

What are a CityBlogUSA User.s Responsibilities?

You, the user, are responsible for all activity occurring under your name, login, accounts, posts, comments and other forms of interface and content management you control as a user.
Users are, by means of activating their use, assuming all responsibility for their adherence to and compliance with all applicable local, county, state and federal laws and all of their respective regulations that relate use of the CityBlogUSA Network, including, but not limited to, those laws and regulations related to the intellectual property, data and personal privacy, Internet communications and all transmission of technical or personal data.
Users are required to immediately contact CityBlogUSA of any unauthorized or illegal use of access, passwords, accounts, content, breaches of security; and agree herein and hereby to immediately stop all activities of this nature that are under the user.s control.
CityBlogUSA is not responsible for any requirement placed on any user for his/her/their ability to obtain services necessary to connect to the CityBlogUSA Network, including, but not limited to, hardware, software, Internet Service Providers, bandwidth, browsers, hard wire, wireless connectivity of any kind, modems, servers, telephone services of any kind and all other tools required to interface with and maintain such interface with CityBlogUSA. CityBlogUSA does not grant users any warranty of any equipment compatibility supplied by other parties that might be required to interface with and maintain such interface with CityBlogUSA, including all security issues, virus protection and spam control.

CityBlogUSA Posts and Submission of Content

Users who submit material to CityBlogUSA or post any material within the CityBlog Network do so with the understanding that in so doing the user(s) do hereby grant to CityBlogUSA a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with the CityBlogUSA Network. This grant includes, but is not limited to all suggestions for improvement, submission of code, graphics or text that is designed by user and sent to CityBlogUSA, notices of defects, errors and all other submissions of any kind by users.

eCommerce Payment Policies

From time-to-time and in specific ways, CityBlogUSA may license its services or sell its (or, others) products to users. CityBlogUSA will set all payment policies with respect to the sell or licensing of products or services. Credit cards will be the primary method for the collection of fees or services or products. Accounts will provide consumers with access to secure payment portals for all products and services. Users who purchase products or services will be required to provide a credit card number and other required information.

Purchases involving the licensing of any portion of CityBlogUSA Network will be billed in advance on either a monthly or annual basis with certain forms of payment for services being non-refundable. CityBlogUSA will not accommodate partial payments for less than the full term, whether monthly, annually or otherwise.

Upon submission of the payment for products or services, users will be billed immediately. Some accounts will be re-billed automatically without required notice to the user. Users hereby agree that where applicable, CityBlogUSA may so bill without ongoing approval of the user. From time-to-time and for various reasons users may be offered a short term .free account. which, although free, will require the initial submission of credit card payment covering the period of time that is not free. Increases in prices will be automatically implemented and posted online.

Violation of the CityBlogUSA Agreement of Service

CityBlogUSA reserves the right to identify all users and where there is a violation of its Agreement, to investigate and if necessary, prosecute users for violations of any of this Agreement to the fullest extent of the law. CityBlogUSA may involve and cooperate with law enforcement authorities in prosecuting users who violate the Agreement. You, the user, member or participant acknowledge that, although having the right to do so, CityBlogUSA has no specific or ongoing obligation to pre-screen or monitor your access to or use of the CityBlogUSA Network or any information, materials or other content provided or made available through the CityBlogUSA Network. Users hereby agree that CityBlogUSA may, at its sole discretion and at any times for reasons solely its own, remove, delete, modify, relocate, transmit, copy or engage in other uses of any entries, information, materials or other content that violates the Agreement or that is otherwise objectionable in the sole opinion of CityBlogUSA.

Paid Account Cancellation Policy

Users are solely responsible for properly canceling their account(s) and not CityBlogUSA. An email or phone request to cancel your account shall not result in cancellation. To cancel an account at any time users may click on their applicable account link or write a letter of cancellation to CityBlogUSA requesting account cancellation. A users Account Information page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all account content. This information cannot be restored or recovered by or from CityBlogUSA once a user has cancelled an account. Please be aware that CityBlogUSA may for a time retain residual information in our backup and/or archival copies of our database. After an account is cancelled, CityBlogUSA will make reasonable efforts to delete a user.s information as we purge old data in a manner pursuant to our business practices.

Account cancellations are immediately effective upon a user.s acceptance of the cancellation prompt. Users are not provided refunds, pro-rated refunds, credits or partial rebates for any unused portion of time remaining on their account at the point of cancellation of the account.

CityBlogUSA Termination of Account

CityBlogUSA reserves the right to terminate, at its sole discretion, those FREE accounts that do not demonstrate posts, comments or other forms of input, including login, for a protracted period of time, typically, 6 continuous calendar months. Users acknowledge by this Agreement that CityBlogUSA has the right at its sole discretion to suspend or terminate a user.s account(s) if (i) user breaches this Agreement or (ii) a user.s bandwidth usage exceeds the average bandwidth of other users of similar service(s).

In any case of termination, CityBlogUSA may, at its sole discretion and with recourse on the part of the user, refuse to provide a user with new, current or future use of the CityBlogUSA Network, or any other CityBlogUSA service. Any termination of an account will result in the suspension, deactivation or deletion of the account and/or user access to the account, including default forfeiture and relinquishment of all content in an account. A user cannot recover, nor will CityBlogUSA provide recovery services for any account suspended, deactivated or deleted by means of termination, however, CityBlogUSA may for a time commensurate with the business practices of CityBlogUSA, choose to retain account data information in its network backup and/or archival copies of its database(s). CityBlogUSA reserves the non-recourse right to refuse service to anyone for any reason at any time and users who are refused service acknowledge such non-recourse rights.

Modifications to the CityBlogUSA Network and Prices.

CityBlogUSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CityBlogUSA Network and Service (or any part thereof) with or without notice.
Prices of all CityBlogUSA products and services, including but not limited to its monthly and annual account subscription plan fees to the CityBlogUSA Network, are subject to change upon notice from us. Price changes notices may be provided at any time by CityBlogUSA email notifications, website notifications, account prompts and notices and the posting of such price changes to the user.s account information page within the CityBlogUSA Network.
Users acknowledge and hereby agree that CityBlogUSA shall not be liable to users or to any third party for any modification, price change, suspension or discontinuance of the CityBlogUSA Network.
CityBlogUSA reserves the right to update and change its Agreement from time to time and without specific individual notice of such change. Users, by their use of the CityBlogUSA Network, accept responsibility to review the Agreement and agree to check the Agreement as posted in order to remain in compliance. CityBlogUSA has the absolute right to create and activate new features, code, graphics, forms, operating schemes, page orders, titles, links, advertisers, sponsors, third party vendors and technology sets of any kind that it believes will augment or enhance the current CityBlogUSA Network. Such changes are NOT subject to the review or approval of any user(s). Changes of any and all kinds are automatically governed by and subject to the Agreement. After the implementation of any change to the CityBlogUSA Network, a user.s continued use of the CityBlogUSA Network shall constitute the user.s Agreement with and consent to such changes.

Intellectual Property, Copyright and Content Ownership

CityBlogUSA makes no claim to intellectual property rights over the material users submit or otherwise provide to the CityBlogUSA Network. User profiles, content and material uploaded to the CityBlogUSA Network remains the property of the user or the property of the person(s) or entity(ies) owning such material. However, all users acknowledge that by posting text, graphics, links or other material to a blog they are sharing such information with the general public without control. Therefore, users hereby agree to allow any other person(s) to view any content so posted.

User acknowledge and agree hereby, that although CityBlogUSA has the right, it will not and does not pre-screen blog or other content submitted by users for intellectual property rights, copyright compliance and content ownership as a part of its general business practices. And although CityBlogUSA and its representatives or designated entities have the right to screen at any time for any reason, CityBlogUSA is not obligated to do so. Users agree that they will not knowingly or otherwise submit the intellectual property of others or the copyright work of others and in so doing users accept sole responsibility for any actions arising from such submissions and will hold harmless and defend CityBlogUSA, its shareholders, officers, employees and agents from such actions, including but not limited to the payment of legal defense costs, fines and penalties that may result from the users violation of intellectual property and copyright law. CityBlogUSA may, at its sole discretion, refuse posting or remove any content that has been posted if CityBlogUSA believes for any reason that such posting may or does violate intellectual property or copyright law. User accept responsibility for their content posts and are obligated as a part of this Agreement to promptly notify CityBlogUSA of posts they believe to be in violation of this Agreement.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If a user believes that his/her intellectual property has been transmitted to CityBlogUSA or copied in a way that constitutes copyright infringement, or, if a user believes that his/her intellectual property rights have been otherwise violated, please notify CityBlogUSA.s agent for notice of claims of copyright or other intellectual property infringement (.Agent.), by email to .infringement [a t] CityBlogUSA [dot] com. or, by writing to CityBlogUSA at:
CityBlogUSA
POB 3205
Prescott, AZ 86302-3205
When a user notifies CityBlogUSA, we request that the following information be provided:

Please provide the precise location of the material in question on the exact page within the CityBlogUSA Network site where the claim of infringement resides. Be as exact as possible so that CityBlogUSA can locate the material easily using a browser address.
Please provide a written statement telling CityBlogUSA why you believe the use of specific material is not authorized by the owner of the intellectual property or copyrighted material.
Pleas include a written statement declaring that under penalty of perjury that the allegation of unauthorized use is (i) true, complete and accurate, and (ii) that you, the one submitting the allegation(s) are indeed the rightful owner of the material in question or, that you are the duly appointed and authorized person appointed to act on behalf of the alleged owner of the material;
Provide your name, address, telephone number, and email address; and either a physical or electronic signature.

CityBlogUSA will review claims of infringement and following such review and at its sole discretion, if there is cause to believe an infringement exists, it will remove the alleged infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). API (Application Programming Interface) Agreement Users may access the CityBlogUSA Network and their account data via an API (Application Program Interface). It is understood and agreed to by the user, that any use of the API, including use of the API through a third-party product that accesses the CityBlogUSA Network, is bound by these plus the following specific Agreement :

All users expressly understand and agree that CityBlogUSA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CityBlogUSA has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
If CityBlogUSA detects abuse or excessively frequent requests to CityBlogUSA via the API such abnormal requests may result in the temporary or permanent suspension of a user.s access to an account or the implementation of certain blocking technologies that limit or prohibit access to the API.
All users acknowledge and consent to the right of CityBlogUSA, to monitor all forms of use of the API and at its sole discretion, CityBlogUSA may identify and determine abuses or excessive usage of the API and take any and all actions it deems are appropriate to block such abusive actions that may include account suspension or termination. In the event of such abuse, CityBlogUSA will make a reasonable attempt via email to warn the account owner prior to suspension.
All users acknowledge and consent that CityBlogUSA has and reserves the right at any time and for any reason to modify, suspend, discontinue, temporarily or permanently disable any user.s access to the API and to do so without notice.

Disclaimer of Warranties and Guarantees

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE CITYBLOGUSA NETWORK ARE PROVIDED ON AN .AS IS. AND .AS AVAILABLE. BASIS, WITH NO WARRANTIES WHATSOEVER.

CITYBLOGUSA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

CITYBLOGUSA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.

CITYBLOG DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE CITYBLOGUSA NETWORK WILL BE CORRECTED.

CITYBLOGUSA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. CITYBLOGUSAAND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CITYBLOGUSASERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE CITYBLOGUSA NETWORK.

ALL USERS UNDERSTAND AND AGREE THAT USE OF THE BLOGS, ALL FORMS AND ALL CONTENT ON THE CITYBLOGUSA NETWORK AND THE SERVICE IS AT THE USER.S SOLE AND OWN DISCRETION AND RISK AND THAT EACH USER AND ALL USERS ARE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF CONTENT.

All users expressly understand and agree that CityBlogUSA provides limited technical support to .paid up. (current) account holders and that technical support services are only available via email or by means of a digital .Help Desk. system supplied at the discretion of CityBlogUSA. Due to the constraints of time, use and service request volume, CityBlogUSA can only use its best reasonable efforts to attempt to respond within an acceptable amount of time and only during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

CityBlogUSA Limitation of Liability Agreement

UNDER NO CIRCUMSTANCES SHALL CITYBLOGUSA OR ITS LICENSORS BE LIABLE TO ANY USER AS A RESULT OF THAT USER.S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR CITYBLOGUSA NETWORK ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CITYBLOGUSA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR CITYBLOGUSA NETWORK, FROM INABILITY TO USE THE SERVICES OR CITYBLOGUSA NETWORK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR CITYBLOGUSA NETWORK (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT RESTRICTION OF ANY KIND, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR CITYBLOGUSA NETWORK OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CITYBLOGUSASERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall CityBlogUSA or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, routers, router hubs, channel providers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, acts of terrorism, governmental actions (city, country, State or USA), orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Abuses of the CityBlog USA Network

At the sole discretion and without required notice CityBlogUSA may suspend or terminate anyone.s use of the Network for reason it (CityBlogUSA) deems justified. Abuses, as defined by CityBlogUSA, may take many forms, and CityBlogUSA is the sole authority of what constitutes abuse of the Network. Users understand and agree that the intent of a post or comment is not the determining factor constituting abuse. The following, represents a partial list of the kind of Content that is a violation of the Agreement and the standards of conduct for users and may be determined to be illegal and as such is prohibited as posted content in, on or through the CityBlogUSA Network.

Abuses of the API
Unauthorized commercial use of CityBlogUSA content
Transfers or other abuses of password or login information
Screen Scrapping or copying of copyrighted material
Submission of comments ore posts deemed racist or inflammatory
Comments that may be interpreted as slanderous
Failure to comply with terms and conditions of the Agreement
Material that promotes bigotry, racism of physical harm of any kind
Harassing content or content that is designed to promote harassment
Any and all forms of the exploitation of children or minors as defined by law
The solicitation of personal information form anyone under the age of 18
Nudity, violence or links to adult websites or websites containing adult content
Attempts to repeatedly promote businesses through posting and commenting
Criminal activities or tortuous conduct, tortuous interference, acts of fraud
All attempts at child pornography, obscene material of a prurient nature
Drug activity including dealing or identification of drug sources
Gambling, wagering or linking to gambling or wagering sites
All forms of harassment and stalking
Spamming, submission or transfer of any virus(es) or harmful files
Patent and copyright infringement and the theft of trade secrets
Attempts to solicitation user to buy or sell any products or services
The transmission of chain letters or links to chain letters or web sites
Soliciting or selling to users without their prior consent
Blocking or engaging in obscuration of advertisements via any means
Any attempted or actual automated use of the CityBlogUSA Network
Unauthorized use of scripts to enable automated addition of any content
Attempting to disrupt the CityBlogUSA Network operation and its services
The impersonation of another user, member or other person
The copy and embedding of the CityBlogUSA code, images and content
Modifying a user or member.s profile data
Borrowing or using an account other than one.s own for any purpose
Misuse of login, username or password information beyond its intended use
Allowing a third party to access a user.s profile, login or post on behalf of a user
Attempting or effecting the sale of any profile or user information
Transferring an account or profile to another person or entity
Displaying advertisement on or in an account or profile
Attempting to sell or accept payment from a third party for products or services
Use of the CityBlogUSA Network in a manner that violates any applicable law
Use of blog posts for the unauthorized distribution of personal information.
Promoting information known to be false or misleading
Abusive, obscene, defamatory, libelous or threatening content of any kind
Unauthorized use of copyrighted, patented or trade marked work
Promoting access to any kind of pirated works or links to such
Attempts to engage or assist in circumventing EULAs
Use of any hidden links or hidden images for any purpose(s)
The buying, selling or transmission of weapons illegally
Promotion of contests, polls, sweepstakes, MLM or pyramid schemes
Posting of a photograph(s) of any person without prior written consent
Any acts or attempts at reverse engineering

Principles used for determining standards of abuse may not always be black and white, nor will the interpretation of abuse be the same for each individual. Users do hereby acknowledge and authorize CityBlogUSA to determine what .abuse. is and to define abuse according to its (CityBlogUSA) standards, at its sole discretion and without recourse from any user or group(s) of users. Governing Law and Venue Agreement

All users expressly understand and agree that any matter related to this Agreement will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. This Agreement constitute the entire Agreement between all users and CityBlogUSA with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or Agreement s, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Agreement ). Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of CityBlogUSA. Questions about the Agreement should be addressed to terms@CityBlogUSA.com or by mail to:
CityBlogUSA
POB 3205
Prescott, AZ 86302-3205