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Terms of Service Table Of Contents

  1. YOUR ACCEPTANCE OF THIS AGREEMENT
  2. CHANGES
  3. OUR SERVICES
    1. CityPockets Buyer Protection
    2. Selling And Purchasing Vouchers
    3. Seller Payments
    4. Voucher Transfers
    5. Payment Terms And Restrictions
    6. User Representations
    7. Contribution License
    8. Submissions
    9. Prohibited Activities
    10. Non-commercial Use by Users
  1. HOW YOU MAY USE OUR MATERIALS
  2. HOW YOU MAY USE OUR MARKS
  3. HOW WE MAY USE INFORMATION YOU PROVIDE TO US
  4. AGE
  5. NO ENDORSEMENTS MADE BY CITYPOCKETS
  6. CONTENT DISCLAIMER
  7. WARRANT DISCLAIMER
  8. THIRD PARTY SITES
  9. MONITORING OF MATERIALS TRANSMITTED BY YOU
  10. DELETIONS FROM SERVICE
  11. INDEMNIFICATION
  12. INTELLECTUAL PROPERTY COMPLAINTS
  13. DISCLAIMER
  14. MISCELLANEOUS
  15. SECURITY
  16. FREQUENTLY ASKED QUESTIONS
    1. Data and Password Encryption
    2. How do you protect my account passwords and user IDs?
    3. Who has access to my CityPockets account?
    4. How is my account information protected during transmission?
    5. Where is my account information stored?
    6. What happens to my account information if I unsubscribe from the service or just stop using it?
    7. Is my personal identity protected?



Terms of Service

YOUR ACCEPTANCE OF THIS AGREEMENT:

This is an agreement between you ("you," "your," “Buyer” or “Seller”) and CityPockets ("CityPockets," "we," or "our") that governs your use of the CityPockets Web site ("Site" or "Web site")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").

CHANGES:

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

OUR SERVICES

The Web Site serves as (i) a digital deal wallet where you can import and store vouchers from multiple daily deal sites and access it from one spot, (ii) a marketplace where Sellers are able to offer for sale Vouchers and Buyers are able to search for and purchase the Vouchers. CityPockets does not issue the Vouchers and is not in any manner affiliated with any of the Issuing Sites or Merchants. The Issuing Sites and Merchants, and not CityPockets, are responsible for fully honoring and performing all Vouchers, according to the terms of each Voucher. CityPockets takes no responsibility for any services or products purchased via the Vouchers, including, without limitation, any issues relating to the quality, safety, usability, or other aspect of the Merchant services or products. CityPockets does not review, verify or endorse any Merchant or Merchant services or products. Any problems or issues you may have with Merchant services or products need to be addressed and resolved directly with the appropriate Merchant. CityPockets reserves the right, in its discretion, to cancel any Voucher purchase or delete any Voucher from the Site at any time.

CITYPOCKETS BUYER PROTECTION

We want Buyers to be satisfied with their Voucher purchases made via CityPockets. Please view our current Buyer Protection applicable to Vouchers that are not honored by the Merchants. This Buyer Protection may be changed from time to time, so please review it prior to making a purchase. The Buyer Protection in effect at the time of purchase will apply regardless of whether the Buyer Protection is subsequently modified.

SELLING AND PURCHASING VOUCHERS

Buyers will pay for Vouchers through a PayPay payment account for purchases of products or other payment account system as determined by CityPockets from time to time (“Payment Account”). CityPockets will provide instructions for Sellers and Buyers for establishing Payment Accounts. When using a Payment Account, all payments are made directly from Buyers to Sellers and no payments are made by Buyers to CityPockets.

As stated earlier, CityPockets is not a seller of Vouchers through the Site. The Site is merely a platform or marketplace which facilitates transactions between Buyers and Sellers. CityPockets may, in its sole discretion, assist with resolution of disputes between Sellers and Buyers, or advise as to any dispute resolution procedures that may be available through the applicable Payment Account. Sellers are solely responsible for charging, collecting and paying any sales, use or similar taxes that may be due for the sale of Vouchers in the jurisdiction where the Sellers are located. If a Voucher sold by a Seller is invalid, has already been used, is fraudulent, or otherwise unusable in accordance with the Voucher’s terms and conditions, then the Seller agrees to refund the payments received to the Buyer (and authorizes the Payment Account provider to reverse such payments to the Buyer), or if CityPockets has already refunded to the Buyer the purchase price, the refund shall be directed to CityPockets.

Any rights of cash redemption that may be available under applicable federal or state law shall be the sole responsibility of the Merchant and Buyers hereby irrevocably waive any right to seek such redemption from CityPockets.

All purchases are final and there are no refunds for purchases made by Buyers from Sellers, unless otherwise authorized hereunder or agreed to by Sellers.

SELLER PAYMENTS

Sellers are required to pay a transaction fee to CityPockets for sold Vouchers. Please see our current Fee Schedule for current fees. Fees may be changed at anytime upon 30 days’ prior notice which may be effected by posting such changes to the Fee Schedule, sending an email to the email address contained in a Seller’s account settings or by any other method determined reasonable by CityPockets. Transaction fees are automatically withdrawn from a Seller’s Payment Account in accordance with the Payment Account Provider’s procedures.

VOUCHER TRANSFERS

Vouchers will be transferred to Buyers after payment for the Vouchers is received, and Sellers hereby authorize CityPockets to make such transfers. If a Buyer loses a Voucher or it is stolen or a Buyer’s account is accessed by anyone with or without a Buyer’s authorization, and a Voucher is thereby used by someone else, then the Buyer will not be able to recover the value of the Voucher. CityPockets has no responsibility for any lost, stolen or fraudulent use of any Voucher that Buyer purchases via the Site.

VOUCHER TERMS AND RESTRICTIONS

Vouchers are subject to specific terms, conditions and restrictions set by the Merchants, Issuing Sites and applicable law. Buyers are responsible for reviewing and familiarizing themselves with all of the applicable restrictions prior to purchasing a Voucher via the Site.

USER REPRESENTATIONS

Regarding Your Registration

By using the CityPockets Services, you represent and warrant that:

  • all registration information you submit is truthful and accurate;
  • you will maintain the accuracy of such information;
  • you will keep your password confidential and will be responsible for all use of your password and account;
  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Site; and
  • your use of the CityPockets Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CityPockets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CityPockets has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Regarding Content You Provide

You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the site (Contributions). When you create or make available a Contribution, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize CityPockets and the Site users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
  • your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
  • your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by CityPockets), libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  • your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
  • your Contribution does not violate any state or federal law designed to regulate electronic advertising;
  • your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
  • your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on CityPockets's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
  • your Contribution does not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;
  • your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
  • your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by CityPockets in its sole discretion.

Seller Specific Representations

Sellers represent and warrant that: (i) they are owners of the Vouchers and have a legal right to sell the Vouchers, (ii) the Vouchers offered for sale are valid, transferable, unused and unexpired, (iii) all information, data and links they provide concerning the Vouchers is complete and accurate, and (iv) they will not violate any applicable law, statute, ordinance or regulation, including, without limitation, laws and regulations governing content, export control, gift cards, gift certificates and related promotional activities.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the CityPockets an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels for the purpose of publishing and promoting your Contributions in connection with services offered or to be offered by CityPockets. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. You may remove Contributions from the Site at any time, however this feature might not be available for all Contributions. CityPockets may retain archived copies of your Contributions. The CityPockets does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

CityPockets has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the CityPockets Services ("Submissions") provided by you to CityPockets are non-confidential and CityPockets (as well as any designee of CityPockets) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Site for any other purpose other than that for which CityPockets makes it available. The Site is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CityPockets. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by CityPockets;
  • systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from CityPockets;
  • making any unauthorized use of the CityPockets Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
  • disguising the origin of any information or inquiry transmitted through the Site;
  • engaging in unauthorized framing of or linking to the Site;
  • transmitting chain letters or junk email to other users;
  • using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
  • interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
  • attempting to impersonate another user or person;
  • using the username of another user;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Site in order to harass, abuse, or harm another person;
  • using the CityPockets Service as part of any effort to compete with CityPockets or to provide services as a service bureau;
  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site;
  • attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  • harassing, annoying, intimidating or threatening any CityPockets employees or agents engaged in providing any portion of the CityPockets Services to you;
  • displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  • deleting the copyright or other proprietary rights notice from any Contribution or CityPockets Content; and
  • using the Site in a manner inconsistent with any and all applicable laws and regulations.

Non-commercial Use by Users

The Site is for the personal use of individual users only and may not be used in connection with any commercial endeavors, unless expressly authorized by CityPockets. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress, in CityPockets’s discretion.

HOW YOU MAY USE OUR MATERIALS:

We use a diverse range of information, text, photographs, designs, graphics, images and other materials and effects on the CityPockets Web site.

We provide the information, content or advertisements (which we collectively call the "Materials") on the CityPockets site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

Accordingly, You may view, use, copy, and distribute the Materials found on CityPockets Web sites for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the CityPockets Web site. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by CityPockets, its subsidiaries, parent companies, and/or any third party owner of such rights.

HOW YOU MAY USE OUR MARKS:

The CityPockets company name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by the co-founders and owners of CityPockets. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any CityPockets name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the co-founders and owners of CityPockets. Requests for authorization should be made to info@CityPockets.com.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US:

Do not send us any confidential or proprietary information. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

AGE:

Our Site is intended for use primarily by persons 18 years or older.

NO ENDORSEMENTS MADE BY CITYPOCKETS:

We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed on the CityPockets Web sites.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the CityPockets Web sites (the "Products").

CONTENT DISCLAIMER:

CityPockets communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. CityPockets has no control over the accuracy of such information on our pages, and material on the CityPockets Web site may include technical inaccuracies or typographical errors.

We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.

CityPockets reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.

Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by CityPockets or its affiliates. CityPockets does not make any representations regarding the availability and performance of its Web site or any of the Web sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by CityPockets. CityPockets and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate business listing Web sites before or after including them in directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

WARRANTY DISCLAIMER:

Any use of the CityPockets Web site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. CityPockets disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CityPockets results.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CITYPOCKETS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. CITYPOCKETS DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CITYPOCKETS DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

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.

LIMITATION OF LIABILITY: IN NO EVENT SHALL CITYPOCKETS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF CITYPOCKETS ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. CITYPOCKETS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SITES:

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers that is related to the material uploaded on our Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the Site. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

MONITORING OF MATERIALS TRANSMITTED BY YOU:

Changes may be periodically incorporated into this Site. CityPockets may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice.

We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees that CityPockets may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Site properly or to protect itself and its users. CityPockets reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

DELETIONS FROM SERVICE:

CityPockets will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. CityPockets reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of CityPockets, may be, defamatory, infringing or violate of applicable law. CityPockets reserves the right to exclude Material from the Site. Materials submitted to CityPockets for publication on the Site may be edited for length, clarity and/or consistency with CityPockets Editorial Standards.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

INTELLECTUAL PROPERTY COMPLAINTS:

We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; * Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please e-mail this information to info@CityPockets.com

DISCLAIMER:

Your vouchers reflect the most recent import and may not be accurate if an import was not successfully completed or the information obtained during the import from the third party service provider is otherwise not accurate or current.

Vouchers, data, and any information based on such import are provided for personal informational purposes, as well as for trading or transactional purposes shall the owner of the voucher wishes to re-sell it in our marketplace to someone else who wants to purchase a deal that they had missed.

CityPockets shall not be liable for any errors or delays in the content, information, data, calculations, and advice users may receive relative thereto or for any actions taken in reliance thereon.

CityPockets provides links to selected third party service providers for your convenience only. CityPockets is not a registered e-commerce Site and does not endorse or recommend the services any third party service provider. The third party service provider you select is solely responsible for its services to you, the user. CityPockets shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any financial institution, advisor, or other service provider.

MISCELLANEOUS:

These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in New York County, New York. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.

Any waiver of any provision of the Terms will be effective only if in writing and signed by you and CityPockets. CityPockets reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. CityPockets reserves the right to seek all remedies available at law and in equity for violations of these Terms.

SECURITY:

CityPockets employs leading-edge technologies, standards, and business practices to protect your vouchers.

FREQUENTLY ASKED QUESTIONS:

Data and Password Encryption:

Password and account data are stored and transmitted in encrypted format at all times. All data is securely housed in an Internet server hosting space that provides enhanced physical security, fire protection and electronic shielding.

How do you protect my account passwords and user IDs?

Your personal login credentials for all third party service providers are strongly encrypted in the database and we secure our servers with best industry practices. This information is kept encrypted at all times. We take every reasonable measure to protect our users' passwords.

Who has access to my CityPockets account?

You create, and only you know your CityPockets password. No one can access your account unless you provide him or her with this information. No CityPockets employees have access to your password.

How is my account information protected during transmission?

The transmission of data is protected using industry recognized encryption standards, such as 512-bit. Users' passwords are transmitted and stored in encrypted format at all times.

Where is my account information stored?

Your information is stored on servers, which are securely housed in an Internet server hosting space that provides enhanced physical security, fire protection and electronic shielding.

What happens to my account information if I unsubscribe from the service or just stop using it?

Once your request has been received at support@CityPockets.com, your information will be securely and permanently deleted from our database OR your account will be automatically deleted from the database after twelve months of dormancy.

Is my personal identity protected?

We will not sell or share your data with anyone unless requested by you through the opt-in feature of the service. Our Privacy Policy describes, in detail, how we will protect your personal privacy and keep your personal information secure.

Effective April 5, 2011