Terms of Use

1. Terms

By accessing this website, app, portal, widget, API, voice interaction or any other instance or platform (the “Application”, or collectively, the “Applications”), owned, operated, managed, or powered by CitySpark, Inc (“CitySpark”), you are agreeing to be bound by these Terms of Use (“Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Applications. The materials contained in these Applications are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily cache search results content from the Applications for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained in the Applications;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by CitySpark at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials in the Applications are provided “as is”. CitySpark makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CitySpark does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Application. All event details should be verified by the user with the original source.

4. Limitations

In no event shall CitySpark or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on any of the CitySpark Applications, even if CitySpark or a CitySpark authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials and content appearing on the Applications could include technical, typographical, or photographic errors. CitySpark does not warrant that any of the materials on its web site or the Applications are accurate, complete, or current. CitySpark may make changes to the materials contained on its Applications at any time without notice. CitySpark does not, however, make any commitment to update the materials.

6. Links

CitySpark has not reviewed all of the sites linked to its Applications and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CitySpark of the site. Use of any such linked web site is at the user’s own risk.

7. User Submissions

The Applications may permit the hosting, sharing, posting, and publishing of content by you and other users (“User Submissions”).

  1. Your User Submissions may be posted to the Applications, or otherwise be made publicly available.
  2. You agree that such submission is non-confidential for all purposes.
  3. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them.
  4. You agree that you will not upload or transmit any content or image of any type that infringes or violates any rights of any party; that you have the rights, ownership, or license to any content or image provided; and that you solely assume responsibility for any copyright infrigement liability stemming from your User Submissions.
  5. You agree that your User Submissions do not, and will not, contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other communications equipment.
  6. You agree that your User Submissions will not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable.
  7. CitySpark and its clients have complete discretion over whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
  8. You agree to cease, upon request from CitySpark or any of its partners or clients, any specified action or behavior related to User Submissions, whether included in these Terms or not, and that failure to comply with such requests may result in permanent revocation of your User Submission privileges.
  9. By submitting any User Submissions, including events, you agree to adhere to our submission guidelines and policy as noted above and further outlined below:
    1. Do not post events that are, or are related to activities that are illegal or prohibited by law.
    2. Events should not be ongoing offerings such as attractions (e.g., available every day, all day) or non-events (e.g., personal essays, sales pitches, political platforms, etc.)–each should have a specific date, time and place.
    3. Events should not be submitted more than once in total.
    4. Virtual events must include the location of origin–any submissions of virtual events with locations other than the origin are prohibited.
    5. You will ensure the accuracy of all event details you provide.

8. Copyright Infringement

As an online service provider, as defined in Section 512 of the Digital Millenium Copyright Act, we maintain copyright policies intended to provide protection for copyright owners as well as rights and recourse for users of the Applications.  If you believe that your copyrighted work has been included in the Applications in a way that constitutes copyright infringement, please send notification with the following information to our designated Copyright Agent at copyright@cityspark.com:

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the website, including a URL where possible.
  • Your contact information, including your name, address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Your electronic or physical signature.

CitySpark will act expeditiously to remove or disable any content found to be in copyright infringement.  CitySpark will, in appropriate circumstances, terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

If you believe that your content was removed or disabled from the Applications by mistake or misidentification, you may file a counter-notification with our Copyright Agent. Your counter-notification must include:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the federal court in your district, or if you are outside of the United States, the jurisdiction of the federal courts located in Salt Lake City, Utah, and that you will accept service of process from the person who provided the original notification or an agent of such person.
  • Your electronic or physical signature.

9. Revisions to Terms

CitySpark may revise the Terms at any time without notice. By using the Applications you agree to be bound by the then current version of the Terms.

10. Governing Law

Any claim relating to CitySpark’s web site or Applications shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.

 

 

Last updated: December 13, 2024