City-data.com - Privacy Policy

Privacy Policy from City-data.com. The live version of this document is available at http://www.city-data.com/terms.html#priv. This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

Introduction; Consent to Terms



www.city-data.com is owned and operated by Advameg, Inc., an Illinois corporation.  When the terms ‘we’, ‘us’, ‘our’, or ‘Advameg, Inc.’ are used in the Terms of Use and the Privacy Policy they mean Advameg, Inc. and its owners, directors, officers, employees and agents.

Please read these Terms of Use before using www.city-data.com (the "Site") or any features of this Site, including, but not limited to, User-Submitted Comments and Facts, User-Submitted Photos, Forum, Business Profiles, Blogs, and social networking features (collectively, the "Services"). By using the Services, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Site and do not use the Service or any of its features.

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

If you breach any of the Terms of Use, your authorization to access or use this Site, and Services automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Please note that special terms apply to some services, such as registration-based services, Forum, Business Profiles, and Photo Submission. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

YOUR AGREEMENT WITH ADVAMEG, INC.

You agree that Terms of Use represent a binding agreement between us regarding your use of Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of Service. We may discontinue or change the Service, or its availability to you at any time.

You agree that Terms of Use, as well as any and all claims arising from them and from your use of Service or this Site will be governed by and construed in accordance with the laws of the State of Illinois, United States of America applicable to contracts made entirely within Illinois and wholly performed in Illinois, without regard to any conflict or choice of law principles. The exclusive jurisdiction for any litigation (“Litigation”) arising out of Terms of Use, Privacy Policy, and your use of the Service or this Site will be vested in the federal or state courts located in Chicago, Cook County, Illinois, and such courts shall have exclusive jurisdiction over the parties and the subject matter of any such Litigation. You hereby agree to consent to and hereby waive all arguments or claims regarding venue for such Litigation. The Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.  The prevailing party in any such litigation shall be entitled to collect from the other party all costs incurred by them in the Litigation including reasonable attorneys’ fees and the cost of investigation.

CONTENT

Our Site includes a combination of content that we create, that our partners and third-parties create, and that our users create. All materials published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of third parties and our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part. We do not guarantee the accuracy, the integrity, or the quality of the content on our Site, and you may not rely on any of this content.

We may discontinue or change any service or feature on the Site at any time and without notice.

You must provide at your own expense the equipment and Internet connections that you will need to access and use the Site.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that we do not control, and are not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Service may contain links to third-party websites.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You are visiting any other websites at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will we be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the service.

Advameg, Inc. assumes no responsibility for consequences resulting from the use of the Content, or from use of the information obtained at linked Internet addresses, or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownerships of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. Advameg, Inc. is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. NO GUARANTEES OR WARRANTIES, INCLUDING (BUT NOT LIMITED TO) ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE MADE BY ADVAMEG, INC. WITH RESPECT TO SUCH INFORMATION.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your copyrighted work, or your registered trademark has been copied and is accessible on this site in a way that constitutes copyright infringement, or if applicable, trademark infringement, you may notify us by providing our copyright and trademark agent with the following information at

[email protected]:

a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website, for example the URL of the webpage;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright or trademark interest involved or that you are authorized to act on behalf of that owner;

d) Your name, address, telephone number, and email address; and

e) Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

LICENSE AND ACCESS TO THE SERVICE

Advameg, Inc. hereby grants you a limited, revocable, nonexclusive paid in full license to access the Service for your own personal use. This license does not include any right to private or commercial collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted in advance in a written document signed by us. The sole exception is the limited right provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they comply with our robots.txt file.

If you are required to establish an account in connection with a particular Service or Content, you must complete the designated registration process for such Service or Content. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Advameg, Inc. immediately.

LIMITATION ON USE

You may not reproduce, frame, copy, republish, broadcast, modify, translate, sublicense, assign, sell, or loan any portion of the Content without our prior expressed written consent.

As some examples of improper activities when accessing or using the Site, Services or Content, you agree that you shall not:

- Violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.

- Use or attempt to gain access to or use another's account, password, Service, Content or computer systems or networks connected to the Site.

- Access or attempt to access any Content that you are not authorized to access or Content through any means not intentionally made available through the Site or Services.

- Make available any files containing Content where you do not own or control, you have not obtained our prior written consent, or you have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Content.

- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Content, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.

- Transmit unsolicited or bulk communications.

- Impersonate any person, business or entity.

- Download any Content posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.

- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Content or Services.

- Breach any guidelines or other codes of conduct applicable to a particular Service or Content.

- Take any action that imposes an unreasonably or disproportionately large load on our servers.

- Post or otherwise submit any topic, name, material or information that is defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, invasive of another's privacy, racist, unlawful, pornographic, or otherwise objectionable.

- Collect, compile, use, download or otherwise copy any information about other end users.

TERMINATION OF SERVICE

You agree that Advameg, Inc., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, refuse, move, or remove any material that you submit to our sites for any reason, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Advameg, Inc. believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Advameg, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVAMEG, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVAMEG, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVAMEG, INC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ADVAMEG, INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADVAMEG, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold Advameg, Inc., its subsidiaries, affiliates, successors, assigns, owners, directors, officers, employees, agents, service providers, and suppliers harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

The following Privacy Policy summarizes the various ways that Advameg, Inc. (“Service Provider,” “we” or “our”) collects and uses the personally identifiable information garnered through our website, www.city-data.com (“Website”). It is our goal to bring you information that is tailored to your individual needs and, at the same time, protect your privacy.

THE TYPE OF INFORMATION THE WEBSITE COLLECTS

Personally identifiable information is collected by the Website with your specific knowledge and consent. For instance, when you enter a sweepstakes or contest, register for our forum or business profile, you maybe be asked to provide information such as your e-mail address, name, or phone number. Optional information such as your age or gender may also be requested. By submitting such web form contained on this Website, you agree to the processing and storage of your information by the Service Provider.

If you contact us by email through the Website, we reserve the right to also keep a record of the email itself and any personally identifiable information provided in that email and any others that result, in order to respond to them and for any other purpose described in this Policy.

Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, date and time of the visit, the website that referred you, and your Internet Protocol ("IP") address. Your IP address is usually associated with your Internet Service Provider, your company or your university, and may identify your physical location.

DISCLOSURE OF PERSONAL INFORMATION

We generally do not disclose your personally identifiable information to third parties. However, we reserve the right to disclose this information if we reasonably believe it is needed for any of the following reasons:

1. Pursuant to a subpoena or other governmental request

2. For any other reason required by law

3. In order to protect our employees, independent contractors, affiliates, the users of this Website or the public at large and their property, rights and safety

4. To enforce any terms of service on this Website

5. To provide you with the services or products requested by you

6. To allow volunteer forum moderators to effectively monitor the forum

Your personally identifiable information may also be disclosed, without limitation, if the Service Provider is acquired or in the event of any sale or transfer of assets of the Service Provider.

We use the personally identifiable information that we receive to contact you about your requests to us. We may also, from time to time, send you information that we feel that you might be interested in.

We will use your information only as permitted by law. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.

USE OF COOKIES

Website may use "cookies," Flash objects or similar electronic tools to collect information, such as the IP address of your computer, to enhance and customize your experience with this Website. A cookie is a small text file that is placed on your computer and which collects information about your use of this Website, such as the Web pages visited, the date and the time of a visit, the Web sites you visited immediately before, etc. Cookies may be stored on the user's hard drive for an extended period of time. Cookies served by our Website do not gather demographic information about our users. Cookies may also be used to provide our advertisers with targeted advertising opportunities, and advertising vendors that serve ads on our Website may also use their own cookies. Our advertisers may use cookies that enable them to serve ads to you based on your visits to our sites and other sites on the Internet. To get more information about this practice by Google, visit http://www.google.com/privacy_ads.html. You may choose not to accept any cookies from any party by changing the settings on your browser. However, if you set your browser to refuse cookies, some portions of our Website may not function properly.

SURVEYS AND CONTESTS

From time-to-time, our Website requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information.

HOW THE WEBSITE USES INFORMATION PROVIDED BY YOU

We may use personally identifying information you supply through the Website to provide you with the service you have requested. For example, if you subscribe to our forum, we may use your e-mail address to send you periodic e-mails. Similarly, if you enter an online sweepstakes, we will use this information to notify you if you are a winner. If you do not wish to receive future commercial communications from us by e-mail, simply follow the unsubscribe instructions contained within the e-mail.

We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums and job search software, but only for the purpose of and to the extent necessary to provide those services. We reserve the right to use the information we collect about your computer, which may at times contain sufficient information for us to be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.

We reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

As our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by the Service Provider, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.

AFFILIATED SITES, LINKED SITES AND ADVERTISEMENTS

We expect our partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our business partners, advertisers, affiliates and other content providers accessible through our Website, may have their own privacy and data collection policies and practices. For example, during your visits to our Website you may link to, or view as part of a frame on a Website page, certain content that is actually created or hosted by a third party. Also, through a page on the Website you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our Website, our advertisers, business partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising may be served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Through features available on our Website, third parties may use cookies or other technology to gather information. We do not control the use of this technology or the resulting information and are not responsible for any actions or policies of such third parties.

Our Website contains links to other sites. Please be aware we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Website and to read the privacy statements of each and every site that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

CHILDREN

This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately.

SECURITY

Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, Service Provider can not guarantee the security of the information you send to us or the security of our servers or databases, and by using the Website you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. We take precautions to protect your personally identifiable information but no computer system is completely secure. Due to this, we cannot guarantee the safety of your personally identifiable information.  In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).

CHANGES TO THIS POLICY

We reserve the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

GOVERNING LAW

This policy and the use of this Website are governed by Illinois law. The exclusive jurisdiction for any claim, dispute, or litigation (“Litigation”) arising out of the operation of the Website or this policy shall be vested in the federal and state courts located in Chicago, Cook County, Illinois, and such courts shall have exclusive jurisdiction over the parties and the subject matter of any such Litigation. You hereby agree to consent to and hereby waive all arguments or claims regarding venue for such Litigation.  If Service Provider prevails in such Litigation it shall be entitled to collect from you all costs incurred by it in the Litigation including reasonable attorneys’ fees and the cost of investigation. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.

In the event of any conflict between the terms of this policy and the terms of any electronic or machine readable privacy policy (for example, a P3P electronic privacy policy), the terms of this policy shall control.

CONTACT INFORMATION

If you have any questions or suggestions regarding our Privacy Policy, please contact us using the Contact Us page of this Website.

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