TERMS & CONDITION

 

City Spidey Terms of Service   

This is an agreement between City Spidey, a division of Steve Medius Private Limited, the owner of www.cityspidey.com, City Spidey mobile app, the “City Spidey Software”, including backend tools, “City Spidey Services” which includes SMS, APIs, email notifications, buttons, widgets, advertisements, and “City Spidey Content” that includes any information, text, graphics, photos, videos or other materials appearing on the Services and You, the user of the Service. To access and to use the Services you accept and agree to comply with these Terms. By accessing the Website and/or the App or using the Services you expressly agree to be bound by these Terms.

1. Compliance With Applicable Laws

The access and use of the Services is conditional to you agreeing that you will not use them for any purpose that is unlawful or prohibited under law of the land and by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. (i) The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose; (ii) You will not copy, transfer, give access to, duplicate or distribute any part of the Service in any medium without City Spidey’s prior written permission.

2. Privacy

By using the Services, you indicate that you understand and agreed to the information collection, use, and disclosure practices described in the Privacy Policy.

3. Communication And Submission Rules

City Spidey Services allow you to post Content and communicate with others. This Content may include text, images, photographs, audio, video, or material in any other form. You represent and agree that you have read and agree to abide by the Communication and Submission Rules, which are incorporated into these Terms, and that by making a submission you are consenting to its display and publication on the Services and in related online and offline promotional materials, in accordance with the rules. We may change or modify those rules at any time.

By posting Content on, to, or through the Services, you give us the right to display such Content on the Services and through affiliated digital and print publications and to distribute such Content and use such content for promotional and marketing purposes, pursuant to the terms of the Communication and Submission Rules. Specifically, you provide us with a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.

4. City Spidey Access

In order to access and use the features of the Service, you acknowledge and agree that you will have to provide City Spidey with your mobile phone number, e-mail ID and physical address. When providing your mobile phone number, email ID and residential address you must provide accurate and complete information. You must notify City Spidey immediately of any breach of security or unauthorized use of your mobile device or your email ID. Although City Spidey will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of City Spidey or others due to such unauthorized use. You agree not to collect or harvest any personally identifiable information, including phone number, e-mail ID or addresses from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. All registered users shall be treated as provisional users unless confirmed by their respective Residents Welfare Associations (RWAs).

5. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. City Spidey cannot and will not be liable for any loss or damage arising from your failure to comply with the above and negligence in your part or in case your password is hacked or misused illegally by any other person.

6. Copyright

The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of India. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us to the extent permitted under the Indian Copyright Act, 1957. Except for content that you have posted on the Services, or unless expressly authorized by City Spidey in writing, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may make use of the Content for your own personal use.

Just as City Spidey requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our legal department with the following information.

- signature of the person owning exclusive right to the work that is allegedly infringed;

- identification of the copyrighted work or a representative list of the works claimed to have been infringed;

- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

- your name, address, telephone number, and email address, so that we may contact you if necessary; and

- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner.

7. Content

All Contents (except those created by team of City Spidey professionals) whether publicly or privately posted, are the sole responsibility of the person who originated such Content which could be here onwards described as “User Generated Content or UGC”. We may not monitor or control UGC posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any UGC or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of UGC communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will City Spidey be liable in any way for such Content, including, but not limited to, any errors or omissions in such Content, or any loss or damage of any kind incurred as a result of the use of such Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

When you publish Content or information using the Public setting, it means that you are allowing everyone, including people off of City Spidey, to access and use that information, and to associate it with you (i.e., your name and profile picture).

8. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to City Spidey and is protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited.

9. Prohibited Conduct

You may not misuse the Services and take any action that could harm us, interfere with the operations, or use the Services in a manner that violates any laws. For example,

You will not post content that is prohibited by or otherwise not in compliance with these Terms.

You will not make use of the contents of the Services in any manner that constitutes an infringement of our rights.

You will not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

You will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except for content you have posted on the Services. You may download material from the Services solely for your own personal use.

You will not engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.

You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.

You will not use or attempt to use any mechanism to navigate or search the Services other than the search engine.

You will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.

You will not take any action that violates or threatens our system or network security.

Violations of these Terms may result in civil and/or criminal liability. We may investigate violations of these Terms and we may also work with the law enforcement authorities to prosecute users who violate the Terms.

We reserve the right at all times to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests. You may not (i) access, tamper with, or use non-public areas of the Services; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.

10. Registration and Security

To register for certain Services, you will create login credentials by providing an email address to us and by selecting a username and password. You also provide us certain information during the registration process, which you agree to keep accurate and updated. Each login is for a single user only. You are not allowed to share or disclose your login credentials with any other user or person. We may cancel or suspend your access to the Services if you share your credentials.

You will be responsible for all usage and activity on your account and for all charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms.

You must be a Major having age of 18 years or older to use the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

11. Third-Party Content and Links to Third-Party Websites

The Services may contain third-party owned content and links to other websites (“Linked Sites”). City Spidey does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under our control.

12. Limitation of Liability

IN NO EVENT WILL CITY SPIDEY OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

13. Mobile and Other Devices

  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on City Spidey within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on City Spidey.

14. Payments

If you make a payment from/through City Spidey, you agree to Payments Terms unless it is stated that other terms apply. 

15. Applicable Law.

This Agreement shall be governed by and construed in accordance with the laws of India without regard to any rules governing conflicts of laws.

16. Indemnification

You agree to indemnify and hold harmless City Spidey and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, including the Communication and Submission Rules, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

17. Termination

City Spidey may terminate this agreement for any reason at any time. City Spidey reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

18. Miscellaneous

Supplemental Terms: In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated. We may change the Terms or modify any or all features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Service” link at the bottom of the homepage. If you continue to use the Services after changes are posted you will be deemed to have accepted the change and the same shall be binding upon you.

19. No Waiver

The failure of City Spidey to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

20. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and City Spidey as a result of these Terms or your access to and use of the Services.

21. Entire Agreement

Unless otherwise specified herein, the Terms constitute the entire agreement between you and City Spidey and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.