Last Updated 14 Dec 2021
By agreeing to 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.
The Site is owned and operated by Citywide Spotlight. We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site. 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.
2. Intended Use.
The Site is intended for your benefit to become familiar with Citywide Spotlight and to provide information about local Venues (collectively, the “Services”).
You agree not to submit false or incomplete information via the Site. You understand that Citywide Spotlight does not accept any liability whatsoever for any harm that might result from your use of the Site, including any Venue services or products referred by us or offered through our Site. You understand that any statements by Citywide Spotlight, its employees, agents, affiliates, and members are provided for informational purposes only. The use of the Site and the Services are intended only for legal residents of the State of Texas who are at least 18 years old.
Certain aspects of the Site are restricted to registered users, and are subject to Subscriber Terms [https://www.citywidespotlight.com/terms-of-use], which are incorporated into these Terms by reference.
3. Our Services.
Citywide Spotlight gathers information from users and Venues to provide information regarding local Venues and for our other business purposes. The Services may include: contests related to local Venues, collecting and posting the results of user votes related to Venues, promotion of specific Venues and their services; and/or follow up communications between Citywide Spotlight and you and/or between Citywide Spotlight and Venues on your behalf to facilitate obtaining Venue proposals and/or your purchase of products or services from a Venue.
Citywide Spotlight is not responsible or otherwise liable for any products or services provided by Venues. Citywide Spotlight is an independent entity and has no shared ownership or corporate affiliation with any Venue, nor does Citywide Spotlight share common management with any Venue.
THE APPEARANCE OF ANY VENUE ON THE SITE OR ANY AWARDS, ADVERTISEMENTS OR PROMOTIONS VISIBLE ON THE SITE ASSOCIATED WITH ANY VENUE DOES NOT CONSTITUTE AN ENDORSEMENT OF THE VENUE BY CITYWIDE SPOTLIGHT.
4. Use of Information and Materials on our Site.
The information contained on our Site is subject to change without notice. While Citywide Spotlight makes every effort to ensure that the information on our Site and any quotes received from a Venue are accurate, Citywide Spotlight makes no representations or warranties as to the accuracy or reliability of any such information. Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system or misuse of any information posted on our Site, is strictly prohibited. Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site is prohibited. Citywide Spotlight grants you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
5. Third Party Links/Services
For purpose of delivering the Services, Citywide Spotlight could share, at our discretion, information provided by you through the Site with Venues and other business partners and affiliates of Citywide Spotlight. These Terms apply solely to your use of the Site and the Services, and do not apply to any sites, applications, products or services of any Venues, or any further dealings you may have with Venues outside of the Site and the Services. All quotes, negotiations, contracts and communications between you and any Venues are subject to your agreement with such Venue, and Citywide Spotlight has no responsibility related thereto. We are not responsible for the content, accuracy, or opinions expressed by or about any Venue.
We may also obtain information from other sources (updated addresses, product and service pricing and other information, etc.) about Venues (collectively, “Outside Resources”), and may add it to our own account information and/or may provide it to users in connection with the Services. We are not responsible for any data or information obtained from any such Outside Resources (nor the accuracy or completeness thereof), nor any use of such information by users or Venues.
a. Limitations of Warranties and Remedies.
To the full extent allowed by law, Citywide Spotlight disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. Citywide Spotlight neither assumes nor authorizes any other person to assume for it any other liability in connection with the Services provided by Citywide Spotlight. In no event will Citywide Spotlight be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if Citywide Spotlight has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
You agree to defend, indemnify, and hold harmless Citywide Spotlight and its officers, directors, agents and employees (the “Citywide Spotlight Parties”) against any and all claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Citywide Spotlight Parties may incur arising out of or resulting from your use of the Site or any of the Services of Citywide Spotlight.
c. Choice of Law and Venue.
These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By using the Site and/or the Services, you hereby irrevocably submit yourself to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to the Services or these Terms. You also hereby waive any challenge to venue and personal jurisdiction you may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to the Services or these Terms.
If any provision of these Terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
e. Additional Provisions Regarding Liability.
You and Citywide Spotlight agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
Any notices or communication sent by you to Citywide Spotlight pursuant to these Terms will be in writing and sent to the address specified herein or such other address as Citywide Spotlight may specify in writing. All notices must be sent to: email@example.com
8. Additional Information.
Citywide Spotlight is the owner of the marks, “Citywide Spotlight,” citywidespotlight.com, and all other Citywide Spotlight marks, slogans and logos which appear on the Site. All other marks and logos appearing on the Site are owned by their respective owners. Citywide Spotlight is the owner of all the Site’s trade dress, including, without limitation, the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery. All rights are reserved.
Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics. The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Citywide Spotlight and the copyright owner, if applicable. All rights are reserved.
9. Suggestions and Idea Submissions.
Unless otherwise agreed to in writing, Citywide Spotlight does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Citywide Spotlight cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions with Citywide Spotlight through the Site. Any ideas disclosed to Citywide Spotlight outside of a pre-existing and documented confidential business relationship are not confidential and Citywide Spotlight may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. Citywide Spotlight will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if, in Citywide Spotlight’s sole discretion, Citywide Spotlight determines that a review is necessary, it will be with the understanding that Citywide Spotlight assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Citywide Spotlight through the Site, you agree to be bound by the terms of these Terms.
10. Representations and Warranties.
By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Citywide Spotlight. You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site. You also represent and warrant that any information you provide us is true and accurate.
11. Community Guidelines
Below is a list of our community policies. If you violate any of these policies, you could be banned from Citywide Spotlight. Once you are banned, you are not allowed back into our community. We encourage you to report any behavior that violates our policies.
a. Nudity/Sexual Content
No nudity, no sexually explicit content.
Do not engage, or encourage others to engage, in any targeted abuse or harassment against any other user. Threats and intimidation are not permitted.
c. Violence and Physical Harm
Violent or gory content is not permitted. Any actions or content that advocate for or threaten violence of any sort, including threatening or promoting terrorism. Physical assault, coercion, and any acts of violence are strictly prohibited.
d. Private Information
Do not share private information, yours or anyone else’s. This includes social security numbers, passports, passwords, financial information or unlisted contact information, such as phone numbers, email addresses, home/work address.
Don’t use Citywide Spotlight to drive people to external websites via a link or otherwise.
f. Promotion or Solicitation
Soliciting other users is prohibited on Citywide Spotlight. You are not permitted to use your profile or comments to advertise your event or business, non-profit, political campaign, contest, or to conduct research.
g. Prostitution and Trafficking
Promoting or advocating for sexual services, human trafficking or other non-consensual sexual acts is strictly prohibited.
Users that attempt to persuade other users’ to share their private information for fraudulent or illegal activity is not permitted. Any user caught sharing their own financial account information for the purpose of receiving funds is not permitted.
Do not impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity. This includes parody accounts.
We do not allow images of unaccompanied minors. If you want to post photos of your children, please make sure that you are in the photo as well. Additionally, if you see a profile that includes an unaccompanied minor, encourages harm to a minor, or depicts a minor in a sexual or suggestive way, please report it immediately.
k. Copyright and Trademark Infringement
If your profile includes any work that is copyrighted or trademarked by others, don’t display it, unless you are allowed to do so.
l. Illegal Usage
Don’t use Citywide Spotlight to do anything illegal.
m. One Person, One Account
Don’t maintain multiple Citywide Spotlight accounts.
n. Third Party Apps
The use of any apps created by anyone other than Citywide Spotlight that claim to offer our service or unlock special Citywide Spotlight features is not allowed.
o. Account Dormancy
If your account is not accessed for 2 years, we may delete your account for inactivity.
12. REPORT ALL VIOLATIONS
While on the site, open a user’s profile, at the top right, select the ‘Report’ button and send us a quick confidential report.
13. Contact Us.
If you have any questions or suggestions regarding these Terms, please contact us at: firstname.lastname@example.org