Terms & Conditions - Website Use Terms and Conditions: citytherapy.com

(last update: 01 February 2008)

These terms and conditions, as well as any other guidelines, rules and additional terms referenced herein (collectively "Terms and Conditions") apply to our website hosted on the address www.citytherapy.com and all linked pages ("Website") which are owned and operated by CityTherapy Ltd. ("we", "CityTherapy").

These Terms and Conditions apply to each visitor to and user of our website, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users").

What is important about these Terms and Conditions is that they set out the legal framework in which you participate on the CityTherapy Website, what your rights and responsibilities are and what you can expect from us - in other words, the backbone of our relationship.

By accessing and using the CityTherapy Website, you agree to be bound by these Terms and Conditions.

1. General Terms and Conditions - Citytherapy's Efforts

CityTherapy will do its best to offer you a service that works properly and is continuously available and we will schedule non-urgent maintenance and improvements to off-peak hours but we may have to carry out maintenance during peak hours in case of emergency, so we cannot guarantee accessibility all the time and we will not be liable for any losses arising as a result.

2. Changes to the Agreement or the CityTherapy Services.

You agree and understand that these Terms and Conditions, and the CityTherapy Website may be modified by CityTherapy at any time without prior notice, and such modifications will be effective upon CityTherapy's posting of the new terms and/or upon implementation of the new changes on the CityTherapy Website. You agree to review the Terms and Conditions periodically so that you are aware of any modifications. Your continued use of the CityTherapy Website after any modifications indicates your acceptance of the modified Terms and Conditions. Unless expressly stated otherwise by CityTherapy, any new features, new services, enhancements or modifications to the CityTherapy Website implemented after your initial access to the Service shall be subject to these Terms and Conditions.

3. Registration and Security

In order to use or access some of the CityTherapy Website, you may be required to register with CityTherapy and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide CityTherapy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. CityTherapy reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the CityTherapy Service shall be for your personal use only. You agree to a immediately notify CityTherapy of any unauthorized use of your User ID or password.

4. Content

The content you create is yours and you retain all ownership rights to content you publish on our website (your "User Content"). "User Content" means content (on our website posted by users of it (but not the structure and content of it that we create to enable you to use it)) of any type or medium, including but not limited to letters, emails or other messages, other forms of communication through our website, personal user information, board posts, comments, blogs, data, images, audio or video files and guides. You may only post content you own or create or which you have written permission to post: we wouldn't want you to get into trouble for posting content you don't own. You agree that we do not endorse any User Content and are not responsible or liable for any User Content and that you indemnify us against all costs, claims and liabilities that we may incur to third parties arising from your breach of these Terms and Conditions.

As CityTherapy grows, we may wish to advertise our service and present examples of content created by users. Advertising will increase the number of users and merchants on the site and also increase the overall quantity and quality of our website. By using our website you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You also grant us and our sub-licensees the right to use the name that you submit in connection with such User Content, if they choose but also to publish your User Content without accreditation. in other words, we can publish all or 'teaser portions' of your User Content online and offline and permit others to do the same.

If you choose to republish your User Content elsewhere, we ask that you refer or provide links to CityTherapy. We reserve the right to refuse, edit, move or remove any User Content from our website with or without justification at any time.

If User Content includes information on venues or events including opening times, accessibility or availability of tickets, you are advised to check with the relevant venue or organisation before setting out or incurring any expense.

5. Merchants

If you are a merchant, you may promote your business on CityTherapy by either creating a "User Content", or annotating your existing "User Content" of your business, as long as you clearly indicate that you are the owner or a legally authorised representative of the merchant. You will also provide us with full contact details for us to validate you as the owner or as legally authorised representative of the merchant (but not so as to impose any obligation on us to undertake such a verification). If you misrepresent yourself as the owner or authorised representative of a merchant or you fail to disclose that your are connected with a merchant, we reserve the right to ban you from and to publicise your conduct on our website. For more information please see our Business Terms and Conditions.

6. Termination of Account

We would be sad to see you leave, but you can cancel your account at any time by contacting our customer service team. If you go on a long sunny vacation on an exotic island please make sure you tell us as we may assume you have intended to terminate your account if it hasn't been active for more than six months.

We reserve the right to cancel your account, or otherwise refuse service to you, at any time due to repeat infringement of these terms and conditions or for any other reasons we see fit. Following termination of your account for any reason (including inactivity), at their sole option, CityTherapy and its licensees may continue or stop publicly displaying some or all of your User Content.

7. Community Support

We do not actively monitor the community nor exercise active editorial control over User Content or the content of any third party sites, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through our website. As a result, you may be exposed to content that you find offensive, objectionable or otherwise in conflict with these Terms and Conditions. To create an effective community we can all enjoy, we rely on users to inform us of abusive behaviour and offensive User Content. We ask you to make use of these tools and help us to keep CityTherapy a vibrant and inclusive community.

Additionally, we reserve the right to monitor our discussion groups, bulletin boards, chat rooms and other interactive portions of our website and to remove any content which, in our absolute discretion, constitutes a misuse of these Terms and Conditions and may restrict, suspend or terminate your use of our website where we believe that there has been such a misuse.

8. Community Conduct

Because we want to ensure that everyone has a great and safe time on CityTherapy, you agree not to use the website or email service to:

  • submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
  • Defame, abuse, harass, stalk, threaten or otherwise violate other user's legal rights (such as rights of privacy and publicity);
  • Create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, culture, religion, creed or sex;
  • Create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability using the services to create, host or transmit unsolicited advertising material to other users;
  • Make fraudulent offers to sell or buy goods or services;
  • Advertise or offer to sell any goods or services for any commercial purpose in breach of these Terms and Conditions;
  • Distribute surveys, contests, pyramid schemes, chain letters or other communications in the nature of spam;
  • Use software agents to automatically harvest information from the site;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material on our website.
  • modify, adapt, translate, or reverse engineer any portion of the CityTherapy Website and/or CityTherapy Service;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the CityTherapy Website and/or CityTherapy Service;
  • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other CityTherapy users or members;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of the CityTherapy Website and/or CityTherapy Service or otherwise interfere with other user's or member's enjoyment of the CityTherapy Website and/or CityTherapy Service;
  • submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by CityTherapy;
  • submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the CityTherapy Website or CityTherapy Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on the CityTherapy Website for other than your own use;
  • submit Content or materials that are unlawful or promote or encourage illegal activity;
  • submit false or misleading information to CityTherapy;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use the CityTherapy Website and/ or CityTherapy Service, intentionally or unintentionally, to violate any applicable local, state, national or international law;

This list only serves to provide examples and is not an exclusive list of the type of misuses of conduct that may result in the restriction, suspension or termination of your access to the Website or any other legal action towards you.

9. Community Monitoring and Responsibilities
  • Monitoring. We do not actively moderate User Content but we reserve the right to monitor and remove content which, in our absolute discretion, constitutes a misuse of these Terms and Conditions.
  • We do not control or endorse the content, messages or information found on our website and, therefore, we and our affiliates specifically disclaim any liability with regard to User Content and any actions resulting from your participation or the participation of others using our website.

10. Children

The CityTherapy Website is not directed to children under the age of 16. Users who are under 18 confirm that they have their parents or guardian's permission to use our website and make any payments.

11. Disclaimer - Liability Limits

The CityTherapy Website is provided by CityTherapy on an "as is" basis. CityTherapy and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the CityTherapy Website, CityTherapy service or software or the information, content, materials, or products included on the CityTherapy Website. To the fullest extent permissible by applicable law, CityTherapy and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CityTherapy and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the CityTherapy Website. CityTherapy is not responsible for the conduct, of any user of the CityTherapy Website.

We upload all content via reasonably up-to-date virus-checking software and we ask that you do the same with any User Content you upload. Furthermore, we advise all users to make sure that they only download material from our website if they have an upt-o-date virus-checker on their machine and take regular full system and data backups to minimise disruption in the event of virus or other attack. Please note that no matter what protection we or you have, there is no guarantee that you will not be attacked, hence the need for regular backups. Therefore, we accept no responsibility for any losses arising from an attack by virus, Trojan, worm or other device having a negative impact on the use of your system or unlawfully giving third party access to your data or transmitting such data to a third party.

CityTherapy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CityTherapy's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Without limiting the foregoing, CityTherapy and its affiliates and suppliers will not be liable under any theory of law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data.

12. Liability for Disputes Between Users & Third Parties

We are not responsible for any linked website or for what happens to you as a result of using one (though please tell us about any problems) so we cannot intervene in any disputes between you and such website or their users. Similarly, we cannot get involved in disputes between you and other users though if their conduct is in breach of these terms, again please bring it to our attention.

You agree that you will not hold us liable for costs, claims, demands, or damages of any kind or nature arising out of or in any way connected with a dispute with any other user of CityTherapy.

13. Copyright Infringement

If you believe that content you own has been used on CityTherapy in a way that violates your copyright or other intellectual property rights, please provide our customer service team with the following information:
  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site
  • your address, telephone number, and email address;
  • a statement by you (made under penalty of perjury) that you have a good faith belief that the disputed use is not authorised and that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf and have proof of such authorisation and title to such rights.

You can make an initial contact at legal@CityTherapy.com and we will deal with your claim and provide any further information that may be required.

14. Intellectual Property

We are the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within CityTherapy, unless otherwise indicated. We do not grant you any right, title, interest or license in any such intellectual property and any use of it is prohibited.

15. Privacy

Use of the CityTherapy Website is also governed by our Privacy Policy, a copy of which is currently located at http://www.CityTherapy.com/...

16. Non-Waiver of Rights

Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control.

17. Governing Laws

These Terms and Conditions are governed by and construed in accordance with English law and you irrevocably agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arise out of or in connection with these Terms and Conditions and our website. Due to the global nature of the Internet, you agree to comply with all local laws in relation to use of our website.