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Subscriber Terms

Citywide Spotlight

Subscriber Terms

Last Updated 20 Dec 2021

 

Citywide Spotlight, LLC (referred to herein as the “Citywide Spotlight”, “we,” “our” or “us”) provides an informational website for individuals (“you” and “users”) who wish to gain information about dining, event, entertainment and hospitality services offered by third-party providers (“Venues”).  These Subscriber Terms of Service (these “Terms”) describe our policies and practices while you are using our web site, www.citywidespotlight.com and its associated websites, features, software, programs, and applications (collectively, the “Site”). 


Registering for a user account, "Influencer" (“Account”) will allow you to access certain features and functions on the not available to Site users who do not have an Account, such participating in the selection and evaluation of Venues through voting, contests, and other means, posting comments and reviews of Venues, and other Site functions and features (collectively, the “Services”). 

 

By agreeing to Register for a user Account, use our Site and the Services (defined below), you understand and agree that this agreement governs any use of the Site and the Services by you.

 

 

Registering an Account

 

In order to access and use the Services, you are required to register and create an Account. By creating your Account, you represent that you have the legal capacity to be bound by these Terms, you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you are acting on behalf of a company or entity, you also represent that you have the authority to accept these Terms on its behalf and to bind such entity to these Terms. Use of the Services is limited to one Account per person and you may not create an Account for multiple users.

 

When creating an Account, you will be required to provide certain personal information about yourself and establish a username and password. You agree to provide accurate, current and complete information and it is your responsibility to keep this information up to date and accurate. We reserve the right to suspend or terminate your Account if any of the information you provided turns out to be inaccurate, false or misleading. You are responsible for maintaining the confidentiality of your password which, together with your username and/or email address, allows access to the Services, and the activities or actions that occur under your Account, whether or not you have authorized such activities or actions.

 

To gain membership to the Site, each applicant must apply for membership according to the following procedure.  Citywide Spotlight may screen each applicant to determine whether or not membership is approved.  Each applicant must provide the following information to be considered for membership:

 

a. Subscriber. 

Members must complete a form that contains the following information:

  • Name

  • E-mail Address

  • Date of Birth

  • Desired User Name

  • Password

  • Zip Code

 

b. Venue.

Venues must complete a form that contains the following information:

  • Business Name

  • Business Description

  • Phone Number

  • Contact Person

  • Street Address

  • City

  • State

  • Zip Code

  • Business Web URL

  • E-mail Address

  • Password

 

 

Content on the Site

 

All materials displayed on the Services including, but not limited to, text, graphics, news articles, charts, presentations, voting results, Venue reviews and information, user communications, photographs, images and illustrations, shall be referred to herein as “Content.”

 

You are responsible for the Content that you post, upload or otherwise submit through the Services and the consequences of posting or publishing it. By submitting Content, you grant to Citywide Spotlight a perpetual, non-exclusive worldwide, royalty-free, transferable right and license to use in any way such Content (including all related intellectual property rights) to use, copy, reproduce, process, publish, transmit, distribute, adapt, modify, prepare derivative works of, and display the Content in connection with the Services in any and all media or distribution methods (now known or later developed). By submitting Content, you also affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Citywide Spotlight to make available and share your Content in the manner contemplated by the Services and these Terms.

 

Citywide Spotlight reserves the right at all times to terminate your Account, and delete any and all Content, in whole or in part, for any reason including, but not limited to, violations of these Terms. If you do violate these Terms, Citywide Spotlight reserves the right to share any information with any third party. In addition, Citywide Spotlight reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

 

You understand that by using Citywide Spotlight, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Citywide Spotlight be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Citywide Spotlight.

 

Typically, users with Accounts will be able to:

 

  1. Set up their own profile and user page where they can delete previously posted comments, if need be.

  2. Upload profile pictures, or post items to their news feed. Also interact with other members.

  3. View Venue leaderboards, polling pages & vote on Venues

  4. Comment on Venue winner features

  5. Recommend specific destinations and Venues

  6. Suggest edits for Venues (e.g., address or phone number or website is listed incorrectly, etc.)

  7. Dispute a Venue named as a “Diamond“(e.g., Venue closure or failure to meet requirements, etc.)

 

Also, registered Account users who are Venues that qualify as “Diamonds” will have access to a special section of the Site entitled “Diamond Club” which can be found on the “Diamond” tab. In the Diamond Club, The Diamonds have access to the store, where they would be able to purchase awards and other items.

 

 

DMCA Policy: Claims of Copyright or Trademark Infringement

 

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  Citywide Spotlight also reviews claims of trademark infringement. 

 

If you believe in good faith that materials hosted by Citywide Spotlight infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  The notice must include the following information: 

 

a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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b. identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Site are covered by a single notification, a representative list of such works);

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c. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Citywide Spotlight to locate the material on the Website;

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d. the name, address, telephone number, and email address (if available) of the complaining party;

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e. a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

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f. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

Please be advised that Citywide Spotlight will not respond to complaints that do not meet these requirements. 

 

If Citywide Spotlight determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Citywide Spotlight will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

 

If you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice.  Counter-notices must include the following information: 

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a. your name, address, and telephone number;

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b. the source of the content that was removed;

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c. a statement under penalty of perjury that you have a good faith belief that the content was removed in error;

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d. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Citywide Spotlight may be found, and that you will accept service of process from the person who provided the original complaint; and

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e. a physical or electronic signature (for example, typing your full name). 

 

Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

 

Agent to Receive Notices of Claimed Infringement:  ______________________________

 

 

 

Restrictions on the use of the Services

 

By using the Services you agree that you will not:

  • Use the Services for any illegal or improper purpose;

  • Upload, email, text, or otherwise transmit any Content that is false, misleading, inaccurate, unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or child erotica, or is otherwise objectionable;

  • Upload, email, text, or otherwise transmit any Content that you do not have the lawful right to transmit (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content) or any Content that infringes the intellectual or proprietary rights of any third party;

  • Take any actions, including but not limited to uploading, emailing, texting, or otherwise transmitting any Content, that would violate any law, including the federal Telephone Consumer Protection Act or any similar state statute or regulation;

  • Create fictitious businesses or persons or impersonate others (or imply that you are affiliated with other businesses that are not affiliated with you);

  • Gather and use information, such as other users’ names, email addresses, and telephone numbers available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;

  • Upload, email, text, or otherwise transmit any Content to any user or person who has not expressly and affirmatively given permission (e.g., “opted in”) to receiving such messages from you;

  • Interfere with or disrupt (or attempt to interfere with or disrupt) the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

  • Promote another text messaging service – or any other commercial venture – that is competitive with the Services.

 

 

Considering the real-time nature and volume of traffic on this Site, Citywide Spotlight cannot review all comments, votes, questions or answers, nor confirm the validity of information posted.  Citywide Spotlight does not actively monitor the contents of ads posted, is not responsible for any answers posted, does not vouch for or warrant the accuracy, completeness, or usefulness of any message or content of answers, and is not responsible for the contents of any answer.  Buyer beware and due diligence is recommended before purchases or decisions are made based on information from any answer.  Any user who feels that any posted answer is objectionable is encouraged to contact the Site’s administrator immediately by email.  We may in our discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone.  Because removal is a manual process, removal or editing particular answers may not occur immediately.

 

 

INFORMATION AND INTELLECTUAL PROPERTY

 

A. Trademarks


“Citywide Spotlight” and all trademarks, trade names, trade dress service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Citywide Spotlight and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Citywide Spotlight or any third party that may own the respective Trademarks. Except as expressly indicated on the Site, the name of Citywide Spotlight may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Citywide Spotlight.

 

B. Your Use of Copyrighted Material on this Site


The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site (“Content”) are all subject to patent, trademark, copyright and other intellectual property protection.  The copyright in the arrangement of and or components of all material provided on this Site by Citywide Spotlight, including, without limitation, all Site Content is owned by Citywide Spotlight or by the original creator of the material.

 

Subject to these Terms, Citywide Spotlight grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, create derivative works, reverse engineer, decompile any code, script, or software forming the Site, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Citywide Spotlight or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site.  Citywide Spotlight reserves all other rights not expressly granted by this License.

 

C. Confidential or Proprietary Information
 

Citywide Spotlight strives to provide the public with broad access to information about its products and services. In doing so, it is not Citywide Spotlight's intention to waive any intellectual property rights, including, without limitation, trade secrets, Citywide Spotlight may have in information on this Site under applicable laws. Citywide Spotlight has policies and procedures in place that are designed to prevent the disclosure on this website of information that Citywide Spotlight considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by Citywide Spotlight, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to Citywide Spotlight, you agree to immediately destroy any copies of the information, in any form, in your possession.

 

D. Material on the Site.

 

Citywide Spotlight reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your User Name or Password. 

 

 

THIRD PARTY LINKS AND SERVICES

 

A. Linking to the Site
 

Anyone linking to the Site must comply with all applicable laws. A site that links to the Site:

 

a. may link to, but not replicate, Content on this Site;

 

b. may not create a browser or border environment around Content on this Site;

 

c. may not imply that Citywide Spotlight is endorsing it or its products;

 

d. may not use Citywide Spotlight's Trademarks without express written permission;

 

e. may not misrepresent its relationship with Citywide Spotlight;

 

f. may not present false information about Citywide Spotlight's products or services; and

 

g. may not contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups.

 

Citywide Spotlight does not control and is not responsible for the content of any third-party (non-Citywide Spotlight) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Citywide Spotlight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Citywide Spotlight of the Site.

 

 

B. Third Party Links and Services

 

Additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions, including, without limitation, the Payment Processor.  Such third-parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business and complete the transactions.  Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.   

 

C. Advertisements that May Appear on the Site
 

If any advertisement for a product or service provided by anyone other than Citywide Spotlight appears on this Site, Citywide Spotlight does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

 

WARRANTY, LIMITS OF LIABILTY, INDEMNITY AND RELEASE

 

A. Warranty Disclaimer 

 

THE SERVICES PROVIDED BY CITYWIDE SPOTLIGHT OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

                                                             

CITYWIDE SPOTLIGHT RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND CITYWIDE SPOTLIGHT WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

 

CITYWIDE SPOTLIGHT DOES NOT WARRANT THATE THE SITE WILL BE AVAILABLE AT ALL TIMES, NOR THAT THERE WILL NEVER BE SERVICE INTERRUPTIONS.  THE SITE MAY BE TAKEN DOWN OR OTHERWISE UNAVAILABLE AT ANY TIME, WHETHER FOR ROUTINE MAINTENANCE, OR AS THE RESULT OF TECHNICAL ISSUES, OR OTHER REASONS.  CITYWIDE SPOTLIGHT WILL USE REASONABLE EFFORTS TO COMMUNICATE ANY SCHEDULED DOWNTIMES AND TO RESTORE SERVICE AFTER UNPLANNED SERVICE INTERRUPTION.

 

PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, CITYWIDE SPOTLIGHT DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, CITYWIDE SPOTLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.

 

CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF CITYWIDE SPOTLIGHT.

 

 

B. Limitation of Liability
 

YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; AND (2) THAT CITYWIDE SPOTLIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO DATA OR PROPETY WHETHER THE ALLEGED LIBAILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABIITY OR ANY OTHER BASIS, EVEN IF CITYWIDE SPOTLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.  SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  MOREOVER, YOU AGREE THAT YOU MAY BRING AN ACTION AGAINST CITYWIDE SPOTLIGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A MEMBER OF ANY CLASS ACTION OR GROUP.

 

 

C. Your Indemnification Obligation
 

You agree to defend, indemnify and hold harmless Citywide Spotlight, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys' fees, arising out of: (1) your use of this Site or misuse of any information taken from the Site; (2) your transmission of information, data, material or Content on the Site; (3)related to any Project, Invoice or Payment;  or (4) any third party claims against Citywide Spotlight caused by your intentional or negligent act or omission.

 

D. Release

 

ALL USERS OF OUR SITE ACKNOWLEDGE AND AGREE THAT CITYWIDE SPOTLIGHT AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM ALL CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY, INTELLECTUAL PROPERTY INFRINGEMENT, OR BREACH OF CONTRACT. CITYWIDE SPOTLIGHT RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR SITE. 

 

 

GENERAL TERMS

 

A. Termination
 

Citywide Spotlight may terminate a user Account or these Terms at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Sites, if, in Citywide Spotlight's sole discretion, you fail to comply with any term or condition of the Terms.


B. Notice and Consent to Electronic Communications

 

You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.

 

C. Entire Agreement

 

These Terms are binding on You when you click an “I Accept” button or check box or otherwise use the Site.  By taking such actions, you represent and acknowledge to us that: (a) you are lawfully able to enter into contacts (e.g., you are not a minor), (b) if you are agreeing to these Terms for an entity, such as the company you work for, you have legal authority to bind that entity, and (c) assent to these Terms and all policies and other documents applicable to its subject matter as published by us.  If you do not agree to these Terms or other policies and document, please exit and/or uninstall the Site immediately. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms with or without notice to you. Please check these Terms and each policy periodically for changes as your continued access or use of this Site following the posting of changes signifies your acceptance of all such changes.

 

The provisions and conditions of these Terms, including the other agreements incorporated herein, constitute the entire agreement between you and Citywide Spotlight related to the use of the Site and supersedes any prior agreements or understandings not incorporated in these Terms. Your use of the Site constitutes your acceptance of these Terms.

 

Your use of the Site is also subject to These Terms:

the Site Terms of Use [ https://www.citywidespotlight.com/terms-of-use ],

the Site Privacy Policy [ https://www.citywidespotlight.com/privacy-policy ],

the Site Subscriber Terms [ https://www.citywidespotlight.com/subscriber-terms ],

the Site Community Standards [ https://www.citywidespotlight.com/community-standards ],

the Site Terms the Conditions for Advertisers [ https://www.citywidespotlight.com/terms-for-advertisers ], and the Site Terms of Sale [ https://www.citywidespotlight.com/terms-of-sale ], each of which are incorporated into these Terms by reference, and which may be amended from time to time by Citywide Spotlight.

 

You may visit our Site at any time to read these Terms and learn of any revisions made to these Terms.  All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately. 

 

D. Contact Us

 

If you have any questions or suggestions regarding these Terms, please contact us at:  info@citywidespotlight.com

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