SERVICE AGREEMENT
Thank you for your interest in citybop.com, a website owned and operated by BiddleMe LLC (“BiddleMe”). This Service Agreement is a binding agreement between you and BiddleMe and governs your and BiddleMe’s rights and obligations. By utilizing the citybop.com website (“Website”), you consent to the terms of the Service Agreement that are effective at that time.
BiddleMe reserves the right to modify this Service Agreement at any time, effective upon making the modified provisions available on the Website or by notifying users directly. Users are responsible for regularly reviewing the terms and conditions of this Service Agreement. Continued use of the Website after any such changes are made to this Service Agreement shall constitute your consent to such changes. BiddleMe does not and will not assume any obligation to notify users of any changes to this Service Agreement.
Website Content
The Website provides a convenient online venue where BiddleMe and/or Website users can read information on city attractions and day trips, and post reviews. Opinions, advice, driving directions, statements, offers, reviews, listings (e.g., accommodations, activities, restaurants, etc.), the "free admission" badge or other information or content made available through the Website should not necessarily be relied upon, whether provided by BiddleMe and/or other Website users. BiddleMe does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement that appears on the Website, whether made by BiddleMe or other users. YOU ACCEPT ANY AND ALL RISK ASSOCIATED WITH YOUR USE OF THE INFORMATION AT THE WEBSITE. Under no circumstances will BiddleMe or its affiliates be responsible for any loss, damage, or injury (including death) resulting from your reliance on information or other content posted on the Website or transmitted to or by BiddleMe and/or any users.
BiddleMe owns and retains all proprietary rights in the Website and the information posted thereon. The Website contains the copyrighted material, trademarks, and other proprietary information of BiddleMe, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Interactions with other Users
The Website may provide features or services that allow users to message or interact with each other and/or post information. BiddleMe does not screen or do background checks on its users or attempt to verify information posted on or transmitted through the Website by users. You are solely responsible for your interactions with other users and agree to take reasonable precautions in all interactions with other users of the Website. If you have a dispute with another user, you must address the dispute with the other user directly. BiddleMe is not responsible for resolving your disputes.
Content Posted by You
You are solely responsible for the content that you post on the Website, or transmit to other users. You will not post on the Website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to other users. By posting content to any public area of the Website, you automatically grant, and represent and warrant that you have the right to grant, to BiddleMe, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by BiddleMe will not infringe or violate the rights of others. You understand and agree that BiddleMe may review and delete any content, reviews, photos, or other information, in each case in whole or in part, that in the sole judgment of BiddleMe violate this Service Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
Indemnity
You agree to indemnify and hold harmless BiddleMe, its owners, directors, managers, officers, employees, agents and representatives, from any claim or demand, including costs and attorneys’ fees, made by any other party arising from or related to your use of the Website in violation of this Service Agreement or your violation of any law or the rights of others.
Warranty Disclaimer and Limited Liability
BIDDLEME PROVIDES ITS WEBSITE AND ANY OTHER SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND MAKES NO REPRESENTATIONS OR WARRANTIES, INCLUDING AS TO THE AVAILABILITY OF OR POSTINGS ON ITS WEBSITE.
IN NO EVENT SHALL BIDDLEME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, OR THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY (INCLUDING DEATH), EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. BIDDLEME MAKES NO GUARANTEES OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF THE INFORMATION RENDERED. IF, NOTWITHSTANDING THE FOREGOING DISCLAIMER OF DAMAGES, BIDDLEME IS FOUND TO BE LIABLE IN ANY LEGAL ACTION BY YOU, YOU HEREBY AGREE THAT BIDDLEME’S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AGGREGATE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
Some states may not allow the exclusion of incidental or consequential damages and/or the disclaimer of implied warranties, so the foregoing exclusion and disclaimer may not apply to you.
Modifications to Website and Revocation of Services
BiddleMe reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and, in its sole discretion, terminate your right to use the Website or any other BiddleMe service for any reason without notice. You agree that BiddleMe shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any termination of use thereof.
Minimum Age
Users under the age of eighteen (18) are prohibited from using the Website.
Governing Law; Venue
This Service Agreement will be governed by and construed in accordance with the substantive laws of the State of Washington without regard to conflict of law provisions. You hereby agree and consent to the exclusive jurisdiction of the state or federal courts located in King County, Washington and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
Severability
If any one or more of the provisions contained in this Service Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect the validity and enforceability of any other provisions of this Service Agreement.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If you do not agree to all of the terms and condition of this Service Agreement, you must not use the Website or any other service of BiddleMe.