A. This is an Agreement between you and GPSmyCity.com (hereafter “Us”, “We”, or “GPSmyCity”), and this Agreement governs the terms and conditions of you using the gpsmycity.com website and mobile apps made by Us, together referred as “Services” hereafter.
B. You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you use our Services. If you do not wish to be so bound, please do not use our Services.
C. We may amend this Agreement at any time, by posting the amended Agreement on our website.
II. Our Services
A. We provide travel information to cities around the world. We publish city guides and self guided walking tours on our website (gpsmycity.com) as well as on our mobile apps.
III. Account Registration
You can optionally registered an account on our website or using our mobile apps. By registering, you are legally representing that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete.
B. You understand that We may review your membership and have sole discretion in determining whether to accept your membership. We may refuse membership to anyone and terminate your account at any time without the need to provide explanation. We shall have no liability, whatsoever, for such denial or later termination of membership.
IV. Copyrights and Trademarks
A. Unless otherwise noted, all materials, including, without limitation, logos, brand names, images, designs, photographs, video clips, and written and other materials, that appear as part of our Service, are copyrights, trademarks, service marks, trade dress and/or other intellectual property, whether registered or unregistered (hereafter, "Intellectual Property") owned, controlled or licensed by GPSmyCity.
B. This Services, as a whole, is protected by copyright and trade dress. Nothing on this Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on the Services, without the prior written permission of the intellectual property owner.
V. Content Disclaimer
A. THE INFORMATION AND MATERIALS CONTAINED IN OUR SERVICES ARE PROVIDED FOR YOUR REFERENCE ONLY. THE INFORMATION AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THEY MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
B. GPSMYCITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU RECEIVE THROUGH OUR SERVICE, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
VI. No Warranties; Exclusion of Liability; Indemnification
A. OUR SERVICES IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT A WARRANTY, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
B. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR SERVICES.
C. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER GPSMYCITY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE USE OF OUR SERVICES, THE INFORMATION IN OUR SERVICES, THE DELAY OR INABILITY TO USE OUR SERVICES OR OTHERWISE ARISING IN CONNECTION WITH OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL GPSMYCITY LIABILITY, FOR ANY DAMAGE CLAIM, EXCEED $10.
D. WITHOUT LIMITING THE FOREGOING, GPSMYCITY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED THROUGH ITS SERVICE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
E. You agree to defend, indemnify and hold GPSMYCITY harmless from, and against, any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Services.
VII. Rules of Conduct While Using Our Services
1. You agree to use our Services, its content, and our Service solely for the purposes expressed in this Agreement.
2. You agree to not in any way attempt to use any method to gain unauthorized access to any paid content and features of our Services.
3. You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the content and functions in our Service.
4. You agree to not use our Services or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
5. You agree not to use automated scripts to collect information from or otherwise interact with our Services.
6. You agree not to use our Services to “stalk” or otherwise harass another person, whether they are a user of our Services or not.
7. You agree not to harvest or collect email addresses or other contact information from users of our Services, for the purposes of sending unsolicited emails or other unsolicited communications.
A. You agree that the laws of the State of Nevada, USA, govern this Agreement and your use of our Services. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Las Vegas, Nevada, USA, in all disputes
1. Arising out of, relating to or concerning, our Services and/or this Agreement;
2. In which our Services and/or this Agreement is an issue or a material fact; or
3. In which our Services and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
B. Use of our Services is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including, without limitation, this paragraph and the warranty, disclaimers and liability exclusions, above. GPSmyCity endeavors to comply with all legal requirements known to it, in creating and maintaining our Services, but makes no representation that materials on our Services are appropriate or available for use in any particular jurisdiction. Use of our Services is unauthorized in any jurisdiction where all or any portion of our Services may violate any legal requirements, and you agree not to access our Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement, is at your own risk, and if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision(s) that most closely matches the intent of the original provision(s), and the remainder of this Agreement shall govern such use.
C. Any claim, dispute or controversy arising out of, relating to or concerning our Services and/or this Agreements, shall be decided by binding arbitration, in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held, exclusively, in Las Vegas, Nevada, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
D. You agree that GPSmyCity may, at any time and without notice, change the terms, conditions and notices under which our Services are offered.
E. This Agreement constitutes the entire agreement between you and GPSmyCity, with respect to our Services. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GPSmyCity, with respect to our Services. No modification of this Agreement shall be effective, unless it is authored by us or is physically signed by an officer of GPSmyCity. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by GPSmyCity, in electronic form, shall be admissible in judicial or administrative proceedings, based upon or relating to, this Agreement or your use of our Services, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us, in printed form.
IX. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content on any of the GPSmyCity operated websites and apps infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to have the content removed. Please provide our Copyright Agent with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed. Please provide us the necessary information, such as URL, name and description of the work, to permit the service provider to locate the infringed material.
- Your contact information, such as your physical address, telephone number, and an electronic mail, to permit us to contact you.
- A statement that 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 notification 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.
- Your physical or electronic signature on the notification.
You may direct copyright infringement notification to our DMCA Agent at 2780 South Jones Blvd, #3365, Las Vegas, NV 89146, email: email@example.com, fax: 702-947-2298.
X. Effective Date
This Agreement was last updated and became effective on the January 16, 2018