ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Cities Unlimited provides you with access to a variety of resources. The Services are subject to the TOU.
Cities Unlimited uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not offered by Cities Unlimited. Cities Unlimited does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties not in privity of contract with Cities Unlimited, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. Cities Unlimited is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Cities Unlimited does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Cities Unlimited is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release Cities Unlimited (and Cities Unlimited's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code section 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Cities Unlimited Service is accessible to users through a personal computer, or other access device, at www.CitiesUnlimited.com, using a communications connection (e.g., modem and telephone line). As part of our service, Cities Unlimited will provide information and links to other Web sites and other computer services that are subject to the terms herein. Cities Unlimited may decide to modify this Agreement at any time and the user agrees to use this service in accordance with these terms:
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Documents do not include the design or layout of the Cities Unlimited Web site or any other Cities Unlimited owned, operated, licensed or controlled site. Elements of Cities Unlimited Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Cities Unlimited Web site may be copied or retransmitted unless expressly permitted by Cities Unlimited.
CITIES UNLIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CITIES UNLIMITED AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CITIES UNLIMITED AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CITIES UNLIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL CITIES UNLIMITED AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cities Unlimited immediately of any unauthorized use of your account or any other breach of security. Cities Unlimited will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Cities Unlimited or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Cities Unlimited server, or the network(s) connected to any Cities Unlimited server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Cities Unlimited server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES.
Cities Unlimited reserves the right to determine the most appropriate location for business listings and links. We will try our best to accommodate customers wishes. Cities Unlimited also reserves the right to refuse listings and links at our sole discretion. If we find a link to a page that does not represent the best interests of Cities Unlimited, we have the right to terminate such link. All payments are non-refundable. Rates subject to change without notice. We reserve the right to refuse or revoke our services to anyone. Cities Unlimited also reserves the right to refuse advertising, listings, links or any other content at our sole discretion. When you link from our site to yours, you are allowed a maximum of 12 sub links from your link. If we terminate your link, our liability is limited to a pro-rate refund of the remaining time on your contract. Cities Unlimited uses technologically advanced equipment, including servers at remote locations. This is to insure the available of service to our customers, however, Cities Unlimited is not liable for interruptions due to events beyond our control.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- topic, name, material or Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Cities Unlimited has no obligation to monitor the Communication Services. However, Cities Unlimited reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Cities Unlimited reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Cities Unlimited reserves the right at all times to disclose any information as Cities Unlimited deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cities Unlimited's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Cities Unlimited does not control or endorse the content, messages or information found in any Communication Services and, therefore, Cities Unlimited specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Cities Unlimited spokespersons, and their views do not necessarily reflect those of Cities Unlimited.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
ONLY PERSONAL USE IS AUTHORIZED.
Under this Agreement, Cities Unlimited gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Cities Unlimited's express permission.
Your right to access the Services is subject to any limits established by Cities Unlimited. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Cities Unlimited, if any, or authorized in advance and in writing by Cities Unlimited (for example, Cities Unlimited approved third party tools and services). The Cities Unlimited Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Cities Unlimited).
The technology underlying, and content within, the Services is owned by Cities Unlimited and/or its licensors (including Cities Unlimited's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Cities Unlimited, Cities Unlimited owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
MATERIALS PROVIDED TO CITIES UNLIMITED OR POSTED AT ANY CITIES UNLIMITED WEB SITE.
Cities Unlimited does not claim ownership of the materials you provide to Cities Unlimited (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Cities Unlimited, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Cities Unlimited Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Cities Unlimited is under no obligation to post or use any Submission you may provide and Cities Unlimited may remove any Submission at any time in its sole discretion.
We reserve the right to refuse or revoke our services to anyone at our own discretion.
While all attempts have been made to ensure the accuracy and reliability of all materials contained within this website, we recognize the possibility of human and/or mechanical error. Information on businesses and organizations within the Cities Unlimited web site is provided by those organizations and is not verified or endorsed by Cities Unlimited. Cities Unlimited expressly denies any guarantee of the accuracy or reliability of information published on the site and shall not be held responsible for any losses caused by reliance upon the accuracy or reliability of such information. User shall use information obtained through the Internet at own risk and is encouraged to call individual businesses to verify prices, amenities, features, dates and all other important details before traveling. There are activities feature in this website that carry significant risk of personal injury or death. Cities Unlimited does not recommend that anyone participate in these activities unless they are fully aware of the risks and are willing to personally assume all responsibility associated with those risks.
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. CITIES UNLIMITED DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CITIES UNLIMITED’S POTENTIAL LIABILITY FOR SERVICES IS LIMITED.
NEITHER CITIES UNLIMITED NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. CITIES UNLIMITED WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CITIES UNLIMITED, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CITIES UNLIMITED'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CITIES UNLIMITED AND CITIES UNLIMITED IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CITIES UNLIMITED IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CITIES UNLIMITED IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CITIES UNLIMITED OF THE SITE.
OBJECTIONABLE MATERIAL AND FAMILY FILTERING.
Cities Unlimited encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, Cities Unlimited encourages you to use an adult filtering service. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.
If you come across any site that you believe contains child pornography or other illegal material, please contact us and we will contact the authorities as appropriate.
PRIVACY AND DATA COLLECTION
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Colorado Springs, Colorado and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
DIGITAL MILLENIUM COPYRIGHT ACT (1998) - TAKEDOWN REQUEST.
Digital Millenium Copyright Act - Copyright.gov / Digital Millenium Copyright Act
Under the conditions of the Digital Millennium Copyright Act of 1998 the copyright owner of a digital work is entitled to file a Takedown Request (section 512) which notifies us that Cities Unlimited, Inc. may be hosting a copyrighted image.
From the DMCA 1998 Section 512:
"Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to us (Cities Unlimited, Inc.). Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge or infringement by us. If, upon receiving a proper notification, we promptly remove or block access to the material identified in the notification, we are exempt from monetary liability. In addition, we are protected from any liability to any person for claims based on its having taken down the material. Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or us."
If you are (or if you represent) the copyright owner of an image on this website or a network site then please submit your request in writing to the address listed at the bottom of the Terms and Conditions, containing the following information:
All information listed above is mandatory. An incomplete submission will not be considered a proper notification under the terms of the act.
Upon receipt of a Takedown Request we will endeavour to ascertain the authenticity of the request and, upon verification, we will remove the image from Cities Unlimited, Inc. Please allow up to 10 days for your request to be processed.
Cities Unlimited may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Cities Unlimited.
COPYRIGHT NOTICE. Copyright © 2001 Cities Unlimited Corporation, All rights reserved.
Contacting the Web Site
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PO Box 2474
Mission, KS 66201