CITYBASE and its affiliates provide a collection of online resources which include classified advertisements, forums, and certain e-mail services (collectively, the “Service”) on the website. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change from time to time. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with CITYBASE in any way, your only choice is to immediately discontinue use of CITYBASE. These Terms may be updated by CITYBASE at any time at its sole discretion. CITYBASE may send you notices of changes to the Website or the Terms pursuant to Section 21(I) herein. CITYBASE may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with CITYBASE. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall govern. You understand and agree that you will utilize the Service in compliance with any applicable laws, regulations, and guidelines.
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
A. CITYBASE is the next generation of free online classifieds. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. You will not be able to conduct payment and other transactions through the Website. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that CITYBASE is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
B. You understand that CITYBASE does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails outside CITYBASE’s e-mail system or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (“Content”), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will CITYBASE be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that CITYBASE does not pre-screen or approve any Content, but that CITYBASE has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites Third Party Websites), which are completely unrelated to CITYBASE. If you link to Third Party Websites, you may be subject to those Third Party Website’s terms and conditions and other policies. CITYBASE makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and CITYBASE disclaims all liability thereto.
C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize CITYBASE to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to CITYBASE, you hereby grant to CITYBASE an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and CITYBASE’s (and its successors) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by CITYBASE in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to CITYBASE all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.
D. CITYBASE does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and CITYBASE expressly disclaims any and all liability in connection with user Content. CITYBASE does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and CITYBASE may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights. CITYBASE reserves the right to remove any Content without prior notice. CITYBASE may also terminate a user’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, CITYBASE reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. CITYBASE may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
E. CITYBASE may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, CITYBASE may, at its discretion, create a video of your photographs, upload the video viawww.youtube.com or another third party service provider, as determined by CITYBASE at its discretion, and embed the video into your ad on CITYBASE.
3. FEATURED ADS
You agree not to post, email, or otherwise make available Content:
5. PAID POSTINGS
CITYBASE may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms
6. POSTING AGENTS
As used herein, the term “Posting Agent” refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. CITYBASE prohibits the use of Posting Agents, directly or indirectly, without the express written permission of CITYBASE In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post Content on behalf of others, except with express written permission or license from CITYBASE.
7. ACCESS TO THE SERVICE
CITYBASE grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CITYBASE or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless CITYBASE expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray CITYBASE, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. CITYBASE may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. CITYBASE permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, in a conspicuous manner, proper attribution to CITYBASE as the source of the RSS feed, (d) your use or display of the RSS feed does not suggest that CITYBASE promotes or endorses any third party causes, opinions, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden or otherwise slow the performance of CITYBASE’s systems. CITYBASE reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CITYBASE.
8. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
CITYBASE respects the intellectual property rights of others, and we expect our users to do the same. We have deployed a procedure to facilitate cooperation between CITYBASE and aggrieved parties in protecting their intellectual property rights.
CITYBASE is not an expert in your intellectual property rights, and we cannot verify that the users of our portal have the right to sell the goods they are offering. We appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing.
CITYBASE is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, CITYBASE is not endorsing a claim of infringement. Neither, in those instances in which CITYBASE declines to take down a listing, is CITYBASE determining that the listing is not infringing, nor is CITYBASE endorsing the sale of goods in such cases.
By submitting a report of alleged infringement to CITYBASE and asking CITYBASE to take down a listing, you agree to indemnify CITYBASE against all the claims or damages related to the accused listing and those arising from its removal.
Procedures for reporting an alleged infringement to CITYBASE:
- If you believe that a listing on CITYBASE infringes your copyright, trademark, patent or other intellectual property rights, you may report your complaint to CITYBASE.
- Upon receipt of your request, we will promptly evaluate your complaint and send a notice to the accused party, to which they have to respond within provided time frame. This notice will contain your contact information so the accused party may contact you directly with an opportunity to respond.
- If the accused party failed to respond within provided time frame, or to provide substantial proof of their right to sell the listed goods, we will expeditiously take down the listing in question.
- If the accused party objects to complain, they may submit to us an appropriate counter-notice to dispute the claim. To take further action, you will be required to submit a notice in response, that an action has been filed against the accused party in a court of competent jurisdiction for infringement of your intellectual property rights.
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under Section 2(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CITYBASE, and are subject to copyright and other intellectual property rights under any applicable laws. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CITYBASE reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. CITYBASE is a service mark registered with the U.S. Patent and Trademark Office and in various other jurisdictions.
10. USER SUBMISSIONS
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that CITYBASE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CITYBASE with respect thereto.
You agree to defend, indemnify and hold harmless CITYBASE, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
12. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to CITYBASE email addresses or through CITYBASE computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time CITYBASE may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the CITYBASE e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of CITYBASE computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
13. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that CITYBASE shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that CITYBASE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that CITYBASE is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release CITYBASE, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
14. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that CITYBASE may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that CITYBASE has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that CITYBASE reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CITYBASE shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that CITYBASE, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if CITYBASE believes that you have violated these Terms. Further, you agree that CITYBASE shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW CITYBASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CITYBASE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE 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 THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. CITYBASE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CITYBASE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR 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.
16. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CITYBASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CITYBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE CITYBASE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CITYBASE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Those who access or use the Website do so at their own risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CITYBASE without restriction. Any assignment or transfer by you shall be null and void.
18. ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults. You affirm that you are either more than 18 years of age.
NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS
If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
19. GENERAL INFORMATION
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and CITYBASE and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and CITYBASE shall be governed by the laws of the Islamic Rebublic Of Pakistan without regard to its conflict of law principles. You and CITYBASE agree to submit to the personal and exclusive jurisdiction of the courts located within the Islamic Rebublic Of Pakistan. The failure of CITYBASE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT CITYBASE MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER NEW YORK LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the CITYBASE homepage at islamabad.CityBase.com.pk. Any failure to act by CITYBASE with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay CITYBASE the following as liquidated damages (and not a penalty):
a. If CITYBASE establishes any 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 CITYBASE ninety nine dollars ($99) for (i) each message posted in excess of such limits or (ii) for each day on which you access CITYBASE in excess of such limits, whichever is higher.
b. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree that CITYBASE in its sole discretion may disclose identifying information about you to the victim, and that should CITYBASE bring a claim against you in court, that you will pay CITYBASE one thousand one hundred dollars ($1,100) for each such message.
c. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under Section 20(e) below you agree to pay CITYBASE ninety nine dollars ($99) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay CITYBASE an additional ninety nine dollars ($99) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
d. If you use CITYBASE e-mail addresses or computer systems to send unsolicited e-mail advertisements to CITYBASE e-mail addresses or any other party, you agree to pay CITYBASE thirty dollars ($30) for each such e-mail.
e. If you post messages in violation of these Terms, other than as described above, you agree to pay CITYBASE ninety nine dollars ($99) for each such message. Notwithstanding the foregoing, CITYBASE may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this Section 20(e).
f. If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without CITYBASE’s express written permission, you agree to pay CITYBASE ten thousand dollars ($10,000) for each day on which you engage in such conduct.
If none of the foregoing clauses (a) (f) are applicable, you agree to pay CITYBASE actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, CITYBASE retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
A. Purpose of collection of Information/Data
The sole purpose of collecting the information/Data of CITYBASE is to be able to provide you the services which include classified advertisements, forums, and certain e-mail services.
B. Type of Information Collected:
When you visit the Website, we may collect certain non-personal information such as your Internet Protocol (IP) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website, we may also collect personal information that you provide such as your name, mailing address, email address, home country, and zip code (Registration Information). You have the option of also providing to us your phone and fax numbers, gender, age, and/or company name if you choose to register with CITYBASE. If you provide your phone number, it will be displayed in your posting. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third-party credit card processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information (see Section 21(D) below). By using this Website or the Service, you consent to collection, storage, and use of the personal information you provide for any of the Services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by CITYBASE.
D. Third Parties
E. How Your Information is Used
F. Protecting Your Personal Information
You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer (SSL) technology is used for processing payment transactions with third- party service provider partners, such as Click & Buy, PayPal, and DineroMail. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
G. Accessing and Modifying Personal Information and Communication Preferences
You may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Website. If you register, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Website, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from CITYBASE related to your account.
I. Notification of Changes
Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law.