Terms and Conditions
Terms and Terminology
“ePartner USA, Inc.,” “e-Partner USA, Inc.”, “e-Partner USA,” and “e-Partner” may be used interchangeably within this document and shall constitute and be understood to mean ALL technology and online applications owned, operated, leased or otherwise used by the corporate entity known as ePartner USA, Inc.
Terms such as “e-Partner Program,” “e-Partner Network,” “CityBlogUSA” and “CityBlog” whether used separately or in combination with “Network” or “Program” shall be considered for the purposes of this Agreement to be one in the same regardless of actual company hierarchy, precise ownership or management of these business components.
The term “Network” and “Program” used herein shall refer to any or all of the online business models owned, operated, leased or managed by ePartner USA, Inc. whether plural or singular.
What is the e-Partner USA Network?
e-Partner is national network of community-based (city based) websites and city blogs (operating as CityBlogUSA and CityBlog) where residents and others can research real estate, relocation and community information and engage in posting information about topics of interest to themselves and others.
e-Partner USA provides its national, state and city blog service that allows its users, who may also be Members to surf, research communities, find property for sale, post remarks, author blog posts, become commentators and read the information placed by other people.
Depending on their level of use and the services offered, users may be asked to create an account or login information in order to gain access to the products or services provided by e-Partner.
What is this Agreement of Terms?
This is the e-Partner Service Agreement, (hereafter called “Agreement”). This is the legally binding Agreement between all users and e-Partner USA. As the only Agreement, it is the legally binding contract under which the users and e-Partner USA (hereafter called “Parties”) shall be governed for the use of any of the websites or blogs and their components, offerings, technology and programs operating within and known as e-Partner.
Users are obligated to read this Agreement prior to use and are welcome to copy and print it for their records. If you do not agree with any of the terms and conditions of this Agreement, you should immediately depart the website(s), close all browser windows providing access to e-Partner and STOP using e-Partner in whole.
IF YOU WISH TO BECOME A USER OR A MEMBER OF ANY PART OF THE E-PARTNER USA NETWORK AND BLOG WITH OTHERS, PURCHASE SERVICES OR PRODUCE OR OTHERWISE MAKE USE OF THE E-PARTNER USA SERVICES, YOU ARE REQUIRED TO READ THIS AGREEMENT AND DURING THE REGISTRATION PROCESS YOU MUST TAKE ACTION INDICATING YOUR TOTAL ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
Users who DO not in agree with the entirety of the Agreement must remedy such non-Agreement by not using e-Partner at all; as this is the only recourse for non-agreement. If any user is not in Agreement with the Agreement, he/she, by his/her use is automatically in default of the Agreement and in violation of all covenants and Agreement as set forth herein.
Continued use of e-Partner by any user who is not in Agreement with all of the terms set forth herein and modified from time-to-time is prohibited under all circumstances. All users that are not in Agreement with the Agreement are noticed hereby that their use is deemed a violation of these terms and therefore such use is deemed “at risk” and while engaged in use such users are acting in willful and perpetual illegal use of e-Partner.
What is ePartner USA, Inc.?
ePartner USA, Inc., except in that case of that which is owned by third party providers, owns and operates the real estate services community-based web sites and CityBlog blogging network known as CityBlogUSA and all of its components including, but not limited to all code, graphics, text messages, operating schema, data, online documents, hardware and services used for the collection, storage and presentation of content within its Network(s).
Those who elect to use e-Partner do so as a voluntary act of their own volition and when choosing to do so, agree to be bound by the Agreement and all of its conditions which become the contractual Agreement between e-Partner USA, Inc., and all users. Therefore, all users agree hereby to abide by and be bound by the terms and conditions set forth herein unless another written Agreement is executed in writing with e-Partner or posted online.
General Requirements for use of e-Partner
All users agree to provide true and accurate information when prompted for such things as name, email address, login information, passwords, password hints and all other information where truthfulness is either implied or expressed as a requirement.
If granted an online identity, user id or password, each user agrees that he/she is the only entity responsible for the security of such information and that e-Partner is not in any manner liable for any perceived or actual loss or damage from any user’s failure to secure and maintain such information as a matter of obligations set forth a as a term for use.
Users or entities are only entitled to set up and maintain one (1) user identified account in each city within the e-Partner and CityBlogUSA Networks for the purpose of blogging.
Posting or Supplying Information to the Websites
Users are responsible for the content they post to any part of the websites used in the e-Partner Network. Users should take care in terms of what information they post on e-Partner and that they provide to other Users.
Users are encouraged to avoid posting any information that they do not want in the public domain whether content or personal information. If any user posts personal information, they do so at their own risk. Content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Determination of what is acceptable will be made solely by e-Partner and not by any user(s). Despite this prohibition, information provided by other e-Partner Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and e-Partner assumes no responsibility or liability for this material.
If you become aware of misuse of the e-Partner Services by any person, please contact e-Partner immediately at the address, phone number of email address supplied herein.
This Agreement is an End User License Agreement (EULA)
This is an End User License Agreement, also known as ‘EULA’ in the legal and technical world. By means of an Internet connection and by those Internet browsers supported by the technology used to generate the e-Partner Network, e-Partner does hereby grant users (you) a non-exclusive and non-transferable EULA, giving the user the right to access and use e-Partner.
It is a violation of this Agreement for any user to allow or facilitate an allowance to utilize e-Partner for any reason(s) other than those that are a part of the purpose of e-Partner. If any user attempts to facilitate use of e-Partner by any unauthorized user is a breach of this Agreement.
User’s have been granted no rights, implied or express to grant others any use rights or access to either the e-Partner or CityBlogUSA Networks, since such access rights belong to and are under the control of ePartner USA, Inc. and are governed by this Agreement. This Agreement shall in no way or at any time or place, grant any user a right(s) of assignment, sale, lease, hypothecation, distribution in whole or in part or transfer of any kind to any other users, person or entity other than the authorized and recognized user so registered with e-Partner.
Furthermore, all rights that are not expressly granted to users in this Agreement are rights reserved by and belonging to e-Partner. No user may, engage or attempt to engage in a license, sub-license, sale, resell, transfer, assignment, distribution or other form of commercial exploitation of the content or technology components used in the e-Partner Network.
Attempt to use, modify or create any derivative works based upon the e-Partner Network are prohibited.
Users do hereby, individually and collectively, agree that all ownership, distribution and financial rights belong solely to e-Partner. and to no other entities, persons or group of persons.
e-Partner owns all rights, title(s), and interest(s) in and to the e-Partner Network, including all intellectual property rights therein except in those cases where third parties intellectual or copyrights apply.
What are the User’s Responsibilities?
You, the user, are responsible for all activity occurring under your name, login, accounts, posts, comments and other forms of interface and content management you control as a user.
Users are, by means of activating their use, assuming all responsibility for their adherence to and compliance with all applicable local, county, state and federal laws and all of their respective regulations that relate use of e-Partner, including, but not limited to, those laws and regulations related to the intellectual property, data and personal privacy, Internet communications and all transmission of technical or personal data.
Users are required to immediately contact e-Partner of any unauthorized or illegal use of access, passwords, accounts, content, breaches of security; and agree herein and hereby to immediately stop all activities of this nature that are under the user’s control.
e-Partner is not responsible for any requirement placed on any user for his/her/their ability to obtain services necessary to connect to the e-Partner Network, including, but not limited to, hardware, software, Internet Service Providers, bandwidth, browsers, hard wire, wireless connectivity of any kind, modems, servers, telephone services of any kind and all other tools required to interface with and maintain such interface with any part of the e-Partner Network.
e-Partner does not grant users any warranty of any equipment compatibility supplied by other parties that might be required to interface with and maintain such interface with e-Partner, including all security issues, virus protection and spam control.
e-Partner Posts and Submission of Content
Users who submit material to e-Partner or post any material within the CityBlogUSA Network do so with the understanding that in so doing the user(s) do hereby grant to e-Partner a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with e-Partner.
This grant includes, but is not limited to all suggestions for improvement, submission of code, graphics or text that is designed by user and sent to e-Partner, notices of defects, errors and all other submissions of any kind by users.
eCommerce Payment Policies
From time-to-time and in specific ways, e-Partner may license its services or sell its (or, others) products to users. e-Partner will set all payment policies with respect to the sell or licensing of products or services. Credit cards will be the primary method for the collection of fees or services or products.
Accounts will provide consumers with access to secure payment portals for all products and services. Users who purchase products or services will be required to provide a credit card number and other required information.
Purchases involving the licensing of any portion of e-Partner Network will be billed in advance on either a monthly or annual basis with certain forms of payment for services being non-refundable. e-Partner will not accommodate partial payments for less than the full term, whether monthly, annually or otherwise.
Upon submission of the payment for products or services, users will be billed immediately. Some accounts will be re-billed automatically without required notice to the user. Users hereby agree that where applicable, e-Partner may so bill without ongoing approval of the user.
From time-to-time and for various reasons users may be offered a short term, free account, which, although free, will require the initial submission of credit card payment covering the period of time that is not free. Increases in prices will be automatically implemented and posted online.
Violation of the e-Partner Agreement of Service
e-Partner reserves the right to identify all users and where there is a violation of its Agreement, to investigate and if necessary, prosecute users for violations of any of this Agreement to the fullest extent of the law.
e-Partner may involve and cooperate with law enforcement authorities in prosecuting users who violate the Agreement. You, the user, member or participant acknowledge that, although having the right to do so, e-Partner has no specific or ongoing obligation to pre-screen or monitor your access to or use of e-Partner or any information, materials or other content provided or made available through e-Partner.
Users hereby agree that e-Partner may, at its sole discretion and at any times for reasons solely its own, remove, delete, modify, relocate, transmit, copy or engage in other uses of any entries, information, materials or other content that violates the Agreement or that is otherwise objectionable in the sole opinion of e-Partner.
Paid Account Cancellation Policy
Users are solely responsible for properly canceling their account(s) and not e-Partner. An email or phone request to cancel your account shall not result in cancellation. To cancel an account at any time users may click on their applicable account link or write a letter of cancellation to e-Partner requesting account cancellation. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all account content. This information will not be restored or recovered by or from e-Partner once a user has cancelled an account. Please be aware that e-Partner may for a time retain residual information in our backup and/or archival copies of our database. After an account is cancelled, e-Partner will make reasonable efforts to delete a user’s information as we purge old data in a manner pursuant to our business practices.
Account cancellations are immediately effective although it may take time for our technology to purge content associated with an account.
Users are not provided refunds, pro-rated refunds, credits or partial rebates for any unused portion of time remaining on their account at the point of cancellation of the account.
e-Partner Termination of Account
e-Partner reserves the right at its sole discretion to terminate free or paid accounts that do not demonstrate posts, comments or other forms of input, including login, for a protracted period of time, typically, 6 continuous calendar months.
Users acknowledge by this Agreement that e-Partner has the right at its sole discretion to suspend or terminate a user’s account(s) if (i) user breaches this Agreement or (ii) a user’s bandwidth usage exceeds the average bandwidth of other users of similar service(s).
In any case of termination, e-Partner may, at its sole discretion and without recourse on the part of the user, refuse to provide a user with new, current or future use of the e-Partner Network, or any other e-Partner service.
Any termination of an account will result in the suspension, deactivation or deletion of the account and/or user access to the account, including default forfeiture and relinquishment of all content in an account.
A user cannot recover, nor will e-Partner provide recovery services for any account that has been suspended, deactivated or deleted by means of termination, however, e-Partner may for a time commensurate with the business practices of e-Partner, choose to retain account data information in its network backup and/or archival copies of its database(s).
e-Partner reserves the non-recourse right to refuse service to anyone for any reason at any time and users who are refused service acknowledge such non-recourse rights.
Modifications to the e-Partner Network and Prices.
e-Partner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the e-Partner Network and Service (or any part thereof) with or without notice.
Prices of all e-Partner products and services, including but not limited to its monthly and annual account subscription plan fees to e-Partner, are subject to change upon notice from us.
Price changes notices may be provided at any time by e-Partner email notifications, website notifications, account prompts and notices and the posting of such price changes to the user’s account information page within e-Partner.
Users acknowledge and hereby agree that e-Partner shall not be liable to users or to any third party for any modification, price change, suspension or discontinuance of the e-Partner Network.
e-Partner reserves the right to update and change its Agreement from time to time and without specific individual notice of such change. Users, by their use of e-Partner, accept responsibility to review the Agreement and agree to check the Agreement as posted in order to remain in compliance.
e-Partner has the absolute right to create and activate new features, code, graphics, forms, operating schemes, page orders, titles, links, advertisers, sponsors, third party vendors and technology sets of any kind that it believes will augment or enhance the current e-Partner Network. Such changes are NOT subject to the review or approval of any user(s). Changes of any and all kinds are automatically governed by and subject to the Agreement. After the implementation of any change to e-Partner, a user’s continued use of e-Partner shall constitute the user’s Agreement with and consent to such changes.
Intellectual Property, Copyright and Content Ownership
“e-Partner” is a registered trade name of ePartner USA, Inc. and its use is governed by separate licensing agreement.
“CityBlog” and “CityBlogUSA” are trade marks of ePartner USA, Inc.
“REALonomics” and “REALonomical” are registered trade names of The Teel Group, Inc. and their use is prohibited except as a matter of reference and blog posts.
This site and its associated documents, graphics and business model designs are all Copyright © 1996-2009, ePartner USA, Inc. All Rights Reserved.
The intended purpose of this site and its content is to provide information and downloadable content for real estate industry participants and users seeking content provided hereby, including those contemplating affiliation with the e-Partner® Program.
All content, logos, graphics, articles, blog posts, movies, documents related to the actual Program and e-Partner® concepts are Copyright© 1996-2009.
With the exception of blog post syndication by means of RSS, Atom and other syndication methods, permission to duplicate, present and use content from this web site for any purpose other than its intended purpose(s) as determined by ePartner USA, Inc. are strictly prohibited.
e-Partner makes no claim to intellectual property rights over the material users submit or otherwise provide to e-Partner. User profiles, content and material uploaded to e-Partner remains the property of the user or the property of the person(s) or entity(ies) owning such material. However, all users acknowledge that by posting text, graphics, links or other material to a blog they are sharing such information with the general public without control. Therefore, users hereby agree to allow any other person(s) to view any content so posted.
User acknowledge and agree hereby, that although e-Partner has the right, it will not and does not pre-screen remarks, blog posts or other content submitted by users for intellectual property rights, copyright compliance and content ownership as a part of its general business practices. Although e-Partner and its representatives or designated entities have the right to screen at any time for any reason, e-Partner is not obligated to do so.
Users agree that they will not knowingly or otherwise submit the intellectual property of others or the copyright work of others and in so doing users accept sole responsibility for any actions arising from such submissions and will hold harmless and defend e-Partner, its shareholders, officers, employees and agents from such actions, including but not limited to the payment of legal defense costs, fines and penalties that may result from the users violation of intellectual property and copyright law.
e-Partner may, at its sole discretion, refuse posting or remove any content that has been posted if e-Partner believes for any reason that such posting may or does violate intellectual property or copyright law. User accept responsibility for their content posts and are obligated as a part of this Agreement to promptly notify e-Partner of posts they believe to be in violation of this Agreement.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If a user believes that his/her intellectual property has been transmitted to e-Partner or copied in a way that constitutes copyright infringement, or, if a user believes that his/her intellectual property rights have been otherwise violated, please notify e-Partner’s agent for notice of claims of copyright or other intellectual property infringement by mail or email to e-Partner.
When a user notifies e-Partner, we request that the following information be provided: (1) Please provide the precise location of the material in question on the exact page within e-Partner site where the claim of infringement resides. Be as exact as possible so that e-Partner can locate the material easily using a browser address; (2) Please provide a written statement telling e-Partner why you believe the use of specific material is not authorized by the owner of the intellectual property or copyrighted material; (3) Please include a written statement declaring that under penalty of perjury that the allegation of unauthorized use is (i) true, complete and accurate, and (ii) that you, the one submitting the allegation(s) are indeed the rightful owner of the material in question or, that you are the duly appointed and authorized person appointed to act on behalf of the alleged owner of the material; (4) Provide your name, address, telephone number, and email address; and either a physical or electronic signature.
e-Partner will review claims of infringement and following such review and at its sole discretion, if there is cause to believe an infringement exists, it will remove the alleged infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). API (Application Programming Interface) Agreement Users may access e-Partner and their account data via an API (Application Program Interface).
It is understood and agreed to by the user, that any use of the API, including use of the API through a third-party product that accesses e-Partner, is bound by these and the following specific Agreement:
- All users expressly understand and agree that e-Partner shall not 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 e-Partner has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- If e-Partner detects abuse or excessively frequent requests to e-Partner via the API such abnormal requests may result in the temporary or permanent suspension of a user’s access to an account or the implementation of certain blocking technologies that limit or prohibit access to the API.
- All users acknowledge and consent to the right of e-Partner, to monitor all forms of use of the API and at its sole discretion, e-Partner may identify and determine abuses or excessive usage of the API and take any and all actions it deems are appropriate to block such abusive actions that may include account suspension or termination. In the event of such abuse, e-Partner will make a reasonable attempt via email to warn the account owner prior to suspension.
- All users acknowledge and consent that e-Partner has and reserves the right at any time and for any reason to modify, suspend, discontinue, temporarily or permanently disable any user’s access to the API and to do so without notice.
Disclaimer of Warranties and Guarantees
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE E-PARTNER USA NETWORK AND THE CITYBLOGUSA NETWORK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER.
E-PARTNER USA AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
E-PARTNER USA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
NEITHER E-PARTNER USA OR CITYBLOGUSA WARRANTS THAT (1) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE E-PARTNER USA OR CITYBLOGUSA NETWORKS WILL BE CORRECTED.
E-PARTNER USA AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. E-PARTNER USA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE E-PARTNER USA SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE E-PARTNER USA NETWORK.
ALL USERS UNDERSTAND AND AGREE THAT USE OF BLOGS AND POSTING COMPONENTS, ALL FORMS AND ALL CONTENT ON THE E-PARTNER USA NETWORK AND THE SERVICE IS AT THE USER’S SOLE AND OWN DISCRETION AND RISK AND THAT EACH USER AND ALL USERS ARE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF CONTENT.
All users expressly understand and agree that e-Partner provides limited technical support to “paid up” (current) account holders and that technical support services are only available via email or by means of a digital “Help Desk” system supplied at the discretion of e-Partner. Due to the constraints of time, use and service request volume, e-Partner can only use its best reasonable efforts to attempt to respond within an acceptable amount of time and only during regular business hours.
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.
e-Partner Limitation of Liability Agreement
UNDER NO CIRCUMSTANCES SHALL E-PARTNER USA OR ITS LICENSORS BE LIABLE TO ANY USER AS A RESULT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR E-PARTNER USA NETWORK ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF E-PARTNER USA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR E-PARTNER USA NETWORK, FROM INABILITY TO USE THE SERVICES OR E-PARTNER USA NETWORK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR E-PARTNER USA NETWORK (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT RESTRICTION OF ANY KIND, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR E-PARTNER USA NETWORK OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE E-PARTNER USASERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall e-Partner or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, routers, router hubs, channel providers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, acts of terrorism, governmental actions (city, country, State or USA), orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Abuses of the e-Partner USA and CityBlogUSA Networks
At the sole discretion and without required notice e-Partner may suspend or terminate anyone’s use of the Network for reason it (e-Partner) deems justified. Abuses, as defined by e-Partner, may take many forms, and e-Partner is the sole authority of what constitutes abuse of the Network. Users understand and agree that the intent of a post or comment is not the determining factor constituting abuse.
The following, represents a partial list of the kind of Content that is a violation of the Agreement and the standards of conduct for users and may be determined to be illegal and as such is prohibited as posted content in, on or through e-Partner.
- Abuses of the API
- Unauthorized commercial use of e-Partner content
- Transfers or other abuses of password or login information
- Screen Scrapping or copying of copyrighted material
- Submission of comments ore posts deemed racist or inflammatory
- Comments that may be interpreted as slanderous
- Failure to comply with terms and conditions of the Agreement
- Material that promotes bigotry, racism of physical harm of any kind
- Harassing content or content that is designed to promote harassment
- Any and all forms of the exploitation of children or minors as defined by law
- The solicitation of personal information form anyone under the age of 18
- Nudity, violence or links to adult websites or websites containing adult content
- Attempts to repeatedly promote businesses through posting and commenting
- Criminal activities or tortuous conduct, tortuous interference, acts of fraud
- All attempts at child pornography, obscene material of a prurient nature
- Drug activity including dealing or identification of drug sources
- Gambling, wagering or linking to gambling or wagering sites
- All forms of harassment and stalking
- Spamming, submission or transfer of any virus(es) or harmful files
- Patent and copyright infringement and the theft of trade secrets
- Attempts to solicitation user to buy or sell any products or services
- The transmission of chain letters or links to chain letters or web sites
- Soliciting or selling to users without their prior consent
- Blocking or engaging in obscuration of advertisements via any means
- Any attempted or actual automated use of the e-Partner Network
- Unauthorized use of scripts to enable automated addition of any content
- Attempting to disrupt the e-Partner Network operation and its services
- The impersonation of another user, member or other person
- The copy and embedding of the e-Partner code, images and content
- Modifying a user or member’s profile data
- Borrowing or using an account other than one’s own for any purpose
- Misuse of login, username or password information beyond its intended use
- Allowing a third party to access a user’s profile, login or post on behalf of a user
- Attempting or effecting the sale of any profile or user information
- Transferring an account or profile to another person or entity
- Displaying advertisement on or in an account or profile
- Attempting to sell or accept payment from a third party for products or services
- Use of the e-Partner Network in a manner that violates any applicable law
- Use of posts for the unauthorized distribution of personal information.
- Promoting information known to be false or misleading
- Abusive, obscene, defamatory, libelous or threatening content of any kind
- Unauthorized use of copyrighted, patented or trade marked work
- Promoting access to any kind of pirated works or links to such
- Attempts to engage or assist in circumventing EULAs
- Use of any hidden links or hidden images for any purpose(s)
- The buying, selling or transmission of weapons illegally
- Promotion of contests, polls, sweepstakes, MLM or pyramid schemes
- Posting of a photograph(s) of any person without prior written consent
- Any acts or attempts at reverse engineering
Principles used for determining standards of abuse may not always be black and white, nor will the interpretation of abuse be the same for each individual. Users do hereby acknowledge and authorize e-Partner to determine what constitutes “abuse” and to define abuse according to its (e-Partner) standards, at its sole discretion and without recourse from any user or group(s) of users.
Governing Law and Venue Agreement
All users expressly understand and agree that any matter related to this Agreement will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
This Agreement constitutes the entire Agreement between all users and e-Partner with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or Agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Agreement ).
Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of e-Partner.
Questions about the Agreement should be addressed to e-Partner by email.
Mail inquires should be sent to:
e-Partner USA, Inc.
Prescott, AZ 86302-3205