Terms and Conditions

Welcome to the CityVoter, Inc contest and guide service. We are glad that you have decided to list yourself with us and have agreed to participate in our contest (the "Contest"). Before you create an account, please take a moment to review these Terms and Conditions ("Terms"). These Terms are an agreement between you and CityVoter, Inc. ("CityVoter").

1. Acceptance of Terms.

   When you create an account or login you agree to these Terms. These Terms may be updated from time to time. Upon any change, CityVoter will notify you by electronic mail or by a link to the new or different Terms. If you continue to participate in the Service thereafter, your continued participation constitutes acceptance of the changes and an agreement to be bound by the Terms, as amended. You can review the most current version of the Terms at any time: here.

2. Your Agreement to Participate

   When you create an account, you will be deemed a "Competitor" and you are agreeing that CityVoter shall have the right to use your marketing materials on both CityVoter's Web Site and our Contest partners’ websites (collectively the "Web Site"). Competitors provide CityVoter with information about their business, including contact information, descriptions of the business, images and videos relating to the business and descriptions of those images and videos. The style, content and form in which each Competitor’s information appears on the Web Site is referred to herein as the Competitor's "Copy."

3. CityVoter's Responsibilities

   CityVoter will operate the Service and will conduct Contests on the Web Site. CityVoter will be responsible for organizing voting in each Contest and for ensuring that each Competitor's Copy is displayed randomly so as not to create an unfair advantage. At the end of a designated Contest period, CityVoter will tally all votes submitted to determine the Contest winner. The Competitor with the highest number of votes received during the designated Contest period will be named the winner.

4. Use of the Service
   1. Service Limitations. CityVoter will try very hard to make your experience with the Service a productive one. However, CityVoter cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Service is provided "AS-IS", without warranties of any kind. CityVoter does not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
   2. Service Changes and Discontinuation. CityVoter reserves the right to change, or discontinue, temporarily or permanently, the Service at any time without notice. You agree that CityVoter will not be liable to you or any third party for any modification or discontinuance of the Service.
   3. Privacy Policy. CityVoter respects the privacy of personal information such as your email address, your phone number and your user name and password. This information will only be used to send you information pertaining to the Service such as Contest alerts, new features, prize notifications, etc. This information will not be displayed anywhere on the Web Site or shared with any third party except for those CityVoter employees with a need to know such information for purposes of operating the Service.
   4. Cancellation. You may cancel your account at any time by sending a request for cancellation to CityVoter at contact@cityvoter.com. Upon confirmation of your request, your account will be cancelled, your personal information (email address, phone number, user name and password) will be deleted your Copy will be removed from the Web Site.
5. "Rules of the Road"

   For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road". Any conduct that violates the Rules of the Road is grounds for cancellation of your account, so we ask that you carefully read and follow them.

   1. Provide Accurate Information. You agree to provide true, accurate, current, and complete information, as requested in CityVoter's account registration process and you agree to not misrepresent your identity or your registration information. You agree to keep your registration information up to date and accurate.
   2. Guard Your Password. You will choose a password when registering. Please maintain the confidentiality of your password. Please notify CityVoter immediately of any unauthorized use of your password. CityVoter will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. You may not use anyone else's password at any time.
   3. Restrictions. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the personal or proprietary rights of others.
   4. Proprietary Rights. You acknowledge and agree that CityVoter and/or its licensors own all rights to the Service and all of its associated software, technologies, patents and databases. You may use the Service only as expressly authorized by these Terms. You may not copy, reproduce, distribute, or create derivative works from Service or any of its associated software, technologies, patents or databases. Further, you agree not to reverse engineer or reverse compile any of CityVoter's and/or its licensors’ technology.
6. Rights You Grant to CityVoter

   Upon your creation of an account and your acceptance of these Terms, you, as a Competitor, will grant CityVoter a non-exclusive, world-wide, perpetual license to publish your Copy on the Web Site and to link to your website.

7. Other Important Legal Matters
   1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITYVOTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL. YOU AGREE THAT NEITHER CITYVOTER NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, ACCOUNT PROVIDERS, SUBCONTRACTORS, LICENSORS, LICENSEES, OR ANY OF THEIR AFFILIATES WILL 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 CITYVOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
   2. Other. These Terms cannot be changed or any of CityVoter's rights waived unless CityVoter agrees in writing or you continue using the Service following receipt of notice of any changes proposed by CityVoter. These Terms are an agreement that is personal to you and you may not assign them to anyone. All notices to you shall be in writing and shall be made either via e-mail or conventional mail, at CityVoter’s discretion. CityVoter may broadcast notices or messages through the Service to inform you of changes to the Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to CityVoter must be made in writing at our address below. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws and the state and federal courts of the Commonwealth of Massachusetts govern the interpretation and performance of these Terms.