Terms of Service and Conditions of Use
Thank you for choosing Multicity as your provider for online community technology. By using our technology (collectively, the "Multicity Communication Services"), you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the Multicity Communications Services. We reserve the right to change, modify, add or remove portions of these terms at any time, whenever we want. You are responsible for regularly reviewing these terms and conditions. If you continue to use the Multicity Communication Services after we have posted changes to the terms, it means you have accepted those terms. Please note that your purchase of the Multicity Communications Services is governed by the License and Services Agreement found at: http://multicity.com/about/policy/license.html. The terms of the License and Services Agreement are incorporated herein by reference.

OUR PHILOSOPHY
Multicity does not discriminate on the basis of age, gender, or ethnicity. We welcome people of all ages, races, religions, genders, national origins, sexual orientations and points of view to use the Multicity Communications Services. We do not tolerate expressions of bigotry, hatred, harassment or abuse, nor will we tolerate threats of harm to anyone.
Because we encourage discussion and exchange of ideas on a global level, we do not condone defamatory, abusive, tasteless or indecorous content or statements. For the same reason, we do not encourage the use of the Multicity Communications Services for any sexually explicit purposes. We recommend that topics dealing with human sexuality and other similar subjects be discussed in an educational, structured, and monitored environment.

TECHNOLOGY PROVIDER
Remember, Multicity is simply a provider of technology that websites use to create online community. We do not police or monitor the conduct or the postings in our technology. It is the sole responsibility of the websites using our technology to ensure that their online communities provide a positive experience for their users. You are responsible and liable for all your activities while using the Multicity Communication Services. In addition, you are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any of the Multicity Communication Services -- remember that the information provided could be from people at any age and experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

POLICIES FOR INDIVIDUALS UNDER 13
No information should be submitted to or posted using the Multicity Communications Services by children under the age of 13 years without their parent's or guardian's consent. Multicity strongly advises those under the age of 13 to get parental permission before providing information or submitting any material to put online. Furthermore, some content and links on the Internet may contain adult content and may not be suitable for children. We encourage parents to join their children as they surf and explore the Internet and supervise their children's online use.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Multicity Communications Services are for your personal and non-commercial use. Accordingly, you may not post or transmit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of the Multicity Communications Services, except in those areas that may be designated for such a purpose. The Multicity Communication Services areas may be used to provide supplemental information regarding your own business (provided you do not use spam to provide this information); however, the Multicity Communication Services areas are not designed to be used as the primary mechanism for operating your business or providing core information about your business. Any use of the Multicity Communication Services for commercial purposes is solely at your own risk and Multicity has no liability for such use. Furthermore, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Multicity Communications Services.

PRIVACY POLICY
This site provides technology used to create chat rooms, message boards, instant messaging, web polls and/or other online community services available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
As you register for the Multicity Communication Services, Multicity collects certain personal information on you. Your right to privacy with respect to this information is addressed in our Multicity Privacy Policy. You can review a copy of this policy by clicking on http://www.multicity.com/about/Privacy_Policy.htm. Our Privacy Policy is incorporated herein by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

LINKS TO THIRD PARTY SITES
The Multicity Communications Services may contain links to or be used by other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Multicity and Multicity is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. If you decide to link to another site, you do so entirely at your own risk. Multicity is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link anywhere on the Multicity site or the Multicity Communications Services does not imply endorsement by Multicity of the site or any association with its operators. MULTICITY MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF THE ACCCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Multicity Communications Services, you warrant to Multicity that you will not use the Multicity Communications Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Multicity Communications Services in any manner which could damage, disable, overburden, or impair the Multicity Communications Services or interfere with any other party's use and enjoyment of the Multicity Communications Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Multicity Communications Services.

USE OF MULTICITY COMMUNICATION SERVICES
Although this seems obvious, we do not allow any illegal activities. Specifically, we will not allow you to advocate illegal conduct or participate in illegal or fraudulent schemes. By way of example, and not as a limitation, illegal or prohibited activities include the following:
(a) Abusive or hateful language (even if symbols are used instead of actual words) used to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including but not limited to, personal attacks on others, including attacks on a user's race, religion, gender, sexual orientation, age, weight, disabilities and other identifiable characteristics;
(b) Sexually explicit images or pointing to or referencing such images;
(c) Restricting or inhibiting any other user from using and enjoying the Multicity Communication Services by engaging in any sort of disruptive behavior in an online event including, but not limited to, scrolling (repeatedly hitting the return key or other key combination);
(e) Spamming and other advertising or offers to sell or buy any goods or services for any business purpose, unless a Multicity Communication Service specifically allows such messages or solicitation;
(f) Harvesting of names and email addresses from other users without their permission; soliciting passwords from other users;
(g) Impersonating other users, nonmembers, famous people and Multicity personnel;
(h) Violating the law (remember our site is a public place accessible from around the world). Examples include:
1. Copying someone else's works or breaching a nondisclosure agreement;
2. Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
3. Posting obscene or defamatory communications;
4. Postings that misappropriate another person's name or likeness, or invading a person's right to privacy, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
5. Violating the U.S.'s or other countries' export control laws;
6. Downloading any file posted by another user of a Multicity Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(i) Uploading files that contain viruses, corrupted files, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, or any other similar software or programs that may damage the operation of another's computer or be disruptive to online communication;

(j) Violating any code of conduct or other guidelines which may be applicable for any particular Multicity Communication Service;

(k) Threatening violence.

Postings to message boards and communication in chat rooms are not reviewed by Multicity. Please note that although Multicity has no obligation to monitor the Multicity Communication Services, Multicity reserves the right to edit, delete, or move any postings to message boards and to terminate or suspend access to our chats and other Multicity Communication Services for conduct that we believe interferes with other peoples' enjoyment.

Furthermore, Multicity reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Multicity's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Multicity Communication Service. Multicity does not control or endorse the content, messages or information found in any of the Multicity Communication Service and, therefore, Multicity specifically disclaims any liability with regard to the Multicity Communication Services and any actions resulting from your participation in any Multicity Communication Service. Moderators and hosts of a chat discussion or forum of any sort are not authorized Multicity spokespersons, and their views do not necessarily reflect those of Multicity.

Materials uploaded to the Multicity Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Furthermore, the Multicity Communication Services areas are not designed as the primary places to store any materials; you are responsible for creating backups of materials you post to any of the Multicity Communication Service such as photos, documents and software. Multicity is not responsible for loss of access to, or deletion or alteration of any materials included in any of the Multicity Communication Services.

INFORMATION AND MATERIALS PROVIDED TO MULTICITY

Multicity does not claim ownership of the materials you provide to Multicity (including feedback and suggestions). However, by posting, uploading, inputting, providing or submitting your feedback and suggestions you are granting Multicity and necessary sublicensees permission to use your feedback and suggestions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your feedback and suggestions; and to publish your name in connection with your feedback and suggestions
.
No compensation will be paid with respect to the use of your feedback and suggestions, as provided herein. Multicity is under no obligation to post or use any feedback and suggestions you may provide and may remove such at any time in Multicity's sole discretion.

By posting, uploading, inputting, providing or submitting your feedback and suggestions you warrant and represent that you own or otherwise control all of the rights to your feedback and suggestions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the feedback and suggestions.

LIMITATIONS OF LIABILITY AND WARRANTY

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MULTICITY COMMUNICATIONS SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MULTICITY AND ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MULTICITY COMMUNICATIONS SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MULTICITY COMMUNICATIONS SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MULTICITY, ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MULTICITY COMMUNICATIONS SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MULTICITY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MULTICITY AND/OR ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MULTICITY COMMUNICATIONS SERVICES, WITH THE DELAY OR INABILITY TO USE THE MULTICITY COMMUNICATIONS SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MULTICITY COMMUNICATIONS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MULTICITY COMMUNICATIONS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MULTICITY OR ANY OF ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MULTICITY COMMUNICATIONS SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MULTICITY COMMUNICATIONS SERVICES.
INDEMNITY
As a user of the Multicity Communications Services, you agree to indemnify Multicity against any and all claims and expenses, including attorneys' fees, arising from your use of the Multicity Communications Services. This expressly includes: (i) your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within you message board postings, chat comments or other submissions of any sort.

SUPPORT CONTACT

Should you have any questions about the Multicity Communications Services, please contact us at support@multicity.com

TERMINATION/ACCESS RESTRICTION

Multicity reserves the right, in its sole discretion, to terminate your access to any or all of the Multicity Communications Services or any portion thereof at any time, without notice. Multicity may delete any and all information, communications, postings, or submissions for online conduct that Multicity believes is harmful to other users, the business of Multicity, or other third-party information providers.

GENERAL
This Agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Fairfax County, Virginia, U.S.A. in all disputes arising out of or relating to the use of the Multicity Communications Services. Use of the Multicity Communications Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Multicity as a result of this Agreement or use of the Multicity Communications Services. Multicity's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Multicity's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Multicity Communications Services or information provided to or gathered by Multicity with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Multicity with respect to the Multicity Communications Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Multicity with respect to the Multicity Communications Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

Everything you see or read on this site is owned by us or used with permission. You may not copy, use, or retransmit anything from our site without our express written permission. Furthermore, you are not allowed to post or distribute any material you do not own or which you do not have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Multicity has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a Multicity user, please fill out a Notice of Infringement form and send it to Multicity.com.
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(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.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided below: (703) 991-8223. Attn: Legal Counsel.

TRADEMARKS

The following are trademarks of Multicity, Inc.: Multicity, MultiBoards, MultiChat, MultiConnect, MultiMessaging, MultiVotes, MultiCommunity, Minicity and/or other Multicity products referenced herein are either trademarks or registered trademarks of Multicity.

INSTANT TRANSLATION

Lawful use
Multicity's machine translation services within the Multicity Communication Services (the "Translation Services") are provided on the condition that:
(i) You use the Translation Services for lawful purposes only. You therefore undertake not to use the Translation Services to translate any of the following: defamatory, obscene or other unlawful material or information; and/or confidential or proprietary information, including trademarks or copyrighted information, belonging to a third party, without the express authorization of the rights holder in question.
(ii) You agree to indemnify Multicity for all claims relating to your use of the Translation Services, and/or the reproduction or transmission of the material translated.

No review
Multicity does not review the text that you submit for machine translation. You are entirely responsible for the content of the text and the implications of the translation thereof.

No assistance
Multicity does not provide any assistance, including technical or customer support, in the use of the Translation Services. Any use of the Translation Services is at your own risk.
No responsibility for defects/loss
Although Multicity uses all reasonable efforts in providing the Translation Services, Multicity accepts no responsibility for the results of any errors, defects and/or risks associated with the Translation Services, including the risk that:
(a) text may be lost or damaged in transmission over the Internet; and/or
(b) the confidentiality of a conversation transmitted over the Internet may be breached.

No responsibility for accuracy
Because of the complexities of the human language, and the possibility of a number of different translations and interpretations of particular words and phrases, there are inherent limitations in machine translations. Multicity accepts no responsibility for the accuracy thereof. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, MULTICITY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE TRANSLATION SERVICES.
The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No Multicity distributor, agent or employee is authorized to make any modifications or additions to this warranty.
Limitation of Liability
In no event will Multicity be liable for any indirect, special, incidental, economic or consequential damages arising out of the use of the Translation Services, including, but not limited to, damages for loss of profits, business, goodwill, data, business interruption, or other pecuniary loss. Multicity reserves the right to:
(a) modify or discontinue the Translation Services;
(b) limit, terminate or suspend your use of the Translation Services; and/or
(c) impose charges for use of the Translation Services.
Any rights not expressly granted herein are reserved.

January 2002

back to top