My City Way User Agreement
The following User Agreement governs access to Srividya Tech, Inc.’s (d/b/a My City Way)
websites, mobile applications, products, and services (collectively, the “Services”). By
registering for and/or using the Services in any manner, including but not limited to visiting
or accessing the Services, you agree to be bound by the terms and conditions of this User
Agreement. This User Agreement and any such additional terms and conditions as to which you
have agreed are hereafter referred to collectively as the “Agreement.”
The terms and conditions of the Agreement are a binding contract between you and My City
Way and its subsidiaries and affiliates (collectively, the “Company,” “We,” “Our,” or “Us”).
Please read the terms and conditions of this Agreement carefully. By accessing the Services and
any pages hereof, you are indicating that you have read, acknowledged and agreed to be bound
by this Agreement, and the terms of the Company’s Privacy Policy.
Furthermore, your use of the Services is governed by the then current version of the Agreement
in effect on the date such Services are accessed or used by you. The Company may modify
the Agreement at any time and without prior notice. By using and accessing the Services, you
acknowledge and agree to review the most current version of this document prior to each such
use. Your continued use of and access to the Services constitutes your acknowledgement and
agreement to the then current Agreement. Please also note that the terms and conditions of
this Agreement are in addition to any other agreements between you and the Company and/or
its affiliates and agents, including any agreements that govern your use of products, services,
content, tools, and information available by accessing the Services. In the event of any conflict
between this Agreement and any other such other agreement between you and the Company,
the terms of the agreement that is most restrictive upon you and your actions and conduct shall
apply.
Use of the Services and Authorized Users
Use of the Services is limited to parties that lawfully can enter into and form contracts under
applicable law. You may access the Services and view Content (as defined below) without
registering, but as a condition to using certain aspects of the Services you may be required
to register with us. If you register we may ask you to give us certain identifying information
(“Registration Information”). You agree to provide us with true, accurate, current and complete
information about yourself. You also agree not to impersonate any person or entity, misrepresent
any affiliation with another person, entity or association, use false headers or otherwise conceal
your identity from the Company for any purpose.
You agree to be bound by any affirmation, assent or agreement you transmit through the Services
you access by computer or other electronic device (including internet, telephonic and wireless
devices), including but not limited to any consent you give to receive communications from us
solely through electronic transmission.
For your protection and the protection of the other users, we ask that you not share your
Registration Information (including User ID and password) with any other person for the
purpose of facilitating their access and unauthorized use of the Services. Unauthorized use of
the Services and systems, including, but not limited to, unauthorized entry into the Company's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You
may not use the Services in any manner that could damage, disable, overburden, or impair
any Services or service or interfere with any other party's use and enjoyment of any Services
or service. You may not attempt to gain unauthorized access to any of the Services, computer
systems or networks connected to any of the Services, through hacking, password mining or any
other means. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse
engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any
part of the Services, (ii) modify, translate, or otherwise create derivative works of any part of
the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you
receive hereunder. You agree that you will not engage in any activities related to the Services
that are contrary to applicable laws or regulations. You alone are responsible for all transactions
initiated, messages posted, statements made, or acts or omissions that occur while accessing the
Services through the use of your Registration Information and hereby agree to indemnify the
Company and its affiliates and agents against any and all losses, claims, damages and expenses
incurred with the unauthorized use of your Registration Information. We reserve the right to
suspend or cancel your registration, if we suspect that it is being used in an unauthorized or
fraudulent manner.
The Company reserves the right, in its sole discretion, without any obligation and without any
notice requirement, to change, improve or correct the information, materials and descriptions
on the Services and to suspend and/or deny access to the Services for scheduled or unscheduled
maintenance, upgrades, improvements or corrections. The information and materials on the
Services may contain typographical errors or inaccuracies. Any dated information is published as
of its date only, and the Company does not undertake any obligation or responsibility to update
or amend any such information. The Company may discontinue or change any product or service
described in or offered on any of the Services at any time.
Content and Proprietary Rights
All right, title and interest in and to the Services, and the information, content and materials
displayed on or used in connection with the website, including all text, information, data,
articles, editorials, written forum comments, advertising, images, visual interfaces, interactive
features, graphics, photographs, audio, video, computer code and software (collectively,
the “Content”), is the property of the Company and its affiliates and licensors. You may not
use any of the Content except as provided in this User Agreement. The Services and other
Content contained therein are protected by United States copyright laws and international
treaty provisions. All Content, trademarks, services marks, trade names, logos, and icons are
proprietary to the Company or its affiliates, agents, licensors, or third party service and content
providers. In addition, the Services may contain certain third-party products and brand names
that are unaffiliated with the Services but may still be trademarks or registered trademarks
of their respective owners. Under no circumstances shall anything contained herein or in the
Services be construed as granting, by implication, estoppel, or otherwise, any license or right
to any copyrights, trademarks or other proprietary information or rights displayed or accessible
on the Services without the express written permission of the Company or such other party that
may own the copyrights, trademarks or other proprietary rights displayed within the Services.
Any such use of the copyrights, trademarks and proprietary rights for
any purpose including, but not limited to, use as meta tags on other
pages or sites on the World Wide Web, is strictly and expressly
prohibited.
Unless otherwise specified, the Services are for your personal and non-commercial use only and
you may print, copy and download any information or portion of the Content for your personal
use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, frame, create derivative works from, transfer, or otherwise use in any other way for
commercial or public purposes in whole or in part any Content on the Services, except for the
purposes expressly provided herein, without the Company's prior written approval. If you copy
or download any Content from the Services, you agree that you will not remove or obscure any
copyright or other notices or legends contained in any such information.
You agree not to use, transfer, distribute or dispose of any Content in any manner that could
compete with the business of the Company. You may not recirculate, redistribute or publish
Content without the prior written consent of the Company. Information contained within the
Services may not be used to construct a database of any kind, nor may such information be
stored (in its entirety or in any part) in a database for access by your or any third party or to
distribute any database services containing all or part of such information.
User Submissions and Conduct
The Company is not responsible for materials submitted or posted on any of its Services by
you, including materials posted on any message board, forum, or chat room, including ratings,
reviews, compliments, invitations, and information that you display as part of your account
profile (the “User Content”). The Company does not and cannot monitor all User Content.
The Company and its designees have the right, but not the obligation, to monitor any areas
involving user participation, and to edit, refuse to post or remove any User Content for any
reason whatsoever in their discretion.
We may use your User Content in a number of different ways, including displaying it on
the Services, reformatting it, incorporating it into advertisements and other works, creating
derivative works from it, promoting it, distributing it, and allowing others to do the same in
connection with their own websites and media platforms ("Other Media"). As such, you hereby
irrevocably grant us permission to use the User Content for any purpose. You also irrevocably
grant the Services' users and the users of any Other Media the right to access the User Content in
connection with their use of the Services and any Other Media. Finally, you irrevocably waive,
and cause to be waived, any claims and assertions of moral rights or attribution with respect to
the User Content.
You alone are responsible for the User Content you upload or post. You assume all risks
associated with the User Content, including anyone's reliance on its accuracy, completeness
or usefulness, or any disclosure by you of information in your User Content that makes you
personally identifiable. You represent that you own, or have the necessary permissions to use,
and authorize the use of, the User Content as described herein. You agree that you shall not
upload, transmit, distribute or otherwise publish through this website any User Content that:
a) is libelous or defamatory or tends to mislead or reflect unfairly on any person, business or
entity;
b) is obscene, indecent, pornographic, inflammatory, abusive or threatening or otherwise
expresses bigotry or racism;
c) violates, plagiarizes or infringes any rights of any entity or
person, including copyrights, trademarks, patents, rights of publicity or privacy or any other
proprietary rights;
d) violates any law;
e) constitutes or advocates illegal or violent activity;
f) advertises or otherwise solicits funds or is a solicitation for goods or services;
g) contains a
virus or other harmful or disruptive component; or
h) involves commercial activities and/or sales
without the Company’s prior written consent, such as contests, sweepstakes, barter, advertising
or pyramid schemes. You agree that you will not in any way interfere with the delivery or
display of advertisements appearing on the website.
Any violation of the foregoing may result in restrictions on your access to the Services and
may be referred to law enforcement authorities. The Company reserves the right to disclose
information as necessary to satisfy any law, regulation or government request. The Company and
its affiliates shall have no liability for any action or inaction by them in respect of any conduct
relating to materials submitted or posted by users.
Third Party Information
The Services may include content that is made available by parties other than the Company
or its users, such as third party data providers (the “Third Party Content”). The Services may
include links to websites that are run and maintained by third parties (collectively, the “Third
Party Sites”). By relying on and using Third Party Content or linking to any Third Party Sites,
you do so at your own risk and acknowledge that by doing so you are bound by the terms of
any agreements between such third party provider and its users that may govern the Third
Party Content or Third Party Site. In no event shall the Company be responsible for your use
of or inability to use Third Party Content or Third Party Sites. You are solely responsible for
determining the extent to which you may use any Third Party Content or content on any Third
Party Sites to which you access or link to from our Services. You acknowledge and agree that the
Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by, or in connection with the use of or reliance on any such Third Party
Content or Third Party Sites, or goods or services available on or through any such Third Party
Services.
You should also be aware that the terms and conditions governing Third Party Content or the
use of any Third Party Sites may be different from those applicable to your use of the Services.
By accessing and using any Third Party Content or Third Party Sites you are indicating that you
have read, acknowledged and agree to be bound by the terms and conditions of such Third Party
Content or Third Party Sites. In the event of any conflict between this Agreement and the terms
and conditions governing such Third Party Content or such Third Party Sites, the terms of the
agreement that is most restrictive upon you and your actions and conduct shall apply.
License in Connection with Mobile Phone Application
In the event of a conflict between the provisions of this license and provisions set forth in any
license agreement to which you are bound under the service from which you downloaded the
mobile application of the Services (the “Application”), the provisions that are most restrictive to you shall govern. Your use of the Application and all services made available through the
Application are licensed to you. The Company reserves all rights in and to the Application not
expressly granted to you hereunder.
This license granted to you for your use of the Application is limited to a non-transferable license
to use the Application on any mobile device that you own or control. This license does not allow
you to use the Application on any mobile device that you do not own or control, and you may not
distribute or make the Application available over a network where it could be used by multiple
devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the
Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the
source code of, modify, or create derivative works of the Application, any updates, or any part
thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law
or to the extent as may be permitted by the licensing terms governing use of any open sourced
components included with the Application. Any attempt to do so is a violation of the rights of the
Company and its licensors. If you breach this restriction you may be subject to prosecution and
damages.
The terms of the license will govern any upgrades provided by us that replace and/or supplement
the original Application, unless such upgrade is accompanied by a separate license in which case
the terms of that license will govern.
The license is effective until terminated by you by removing the Application from your device,
or by us. Your rights under this license will terminate automatically without notice from
the Company if you fail to comply with any term(s) of this license. Upon termination of the
license, you shall cease all use of the Application, and destroy all copies, full or partial, of the
Application.
You may not use or otherwise export or re-export the Application except as authorized by
United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a)
into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By using the Application, you represent and warrant that you are not located in any
such country or on any such list. You also agree that you will not use these products for any
purposes prohibited by United States law, including, without limitation, the development, design,
manufacture or production of nuclear, missiles, or chemical or biological weapons.
Disclaimer of Warranty and Limitation of Liability
The Content available on the Services are provided on an "AS IS," "WHERE IS" and "WHERE
AVAILABLE" basis. The Company does not provide any representations or warranties as to the
Content provided herein or your use of the Services generally, either expressly or impliedly, for
any particular purpose. The Company, its affiliates, agents, third party providers, licensors and
their respective affiliates, employees and licensors (the “Company Parties”) expressly disclaim
any and all warranties related to the Content contained and/or offered on the Services or in
connection therewith, either express or implied, including but not limited to, warranties of title,
accuracy, non-infringement, merchantability or fitness for a particular purpose. Company Parties
will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Service. Although the information
provided to you on the Services is obtained or compiled from sources we believe to be reliable,
Company Parties cannot and do not guarantee the accuracy, validity, timeliness or completeness
of any information or data made available to you for any particular purpose.
The Company Parties explicitly disclaim any and all warranties and shall not be liable to you
or any third party, whether in contract or tort, for any direct, special, indirect, consequential or
incidental damages or any other damages of any kind. even if Company Parties or any other such
party has been advised of the possibility thereof, including, but not limited to, events relating
to or arising in connection with
(i) any failure or interruption of the Services, or resulting from
the act or omission of any other party involved in ensuring that the Services, the data contained
herein or Content offered on the Services is available to you, or from any other cause relating
to your access to, inability to access, or use the Services or these materials, whether or not the
circumstances giving rise to such cause may have been within the control of Company Parties
or of any vendor providing software or services;
(ii) the transmission of any viruses which may
infect a user's equipment, failure of mechanical or electronic equipment or communication
lines, telephone or other interconnect problems (e.g., you cannot access your internet service
provider), unauthorized access, theft, operator errors, strikes or other labor problems or any
force majeure;
(iii) the use of the Services, or reliance on any information or services provided
by the Company Parties, including the Third Party Content, or any omission in, or the misuse
or misinterpretation of such information;
(iv) the accuracy, validity, reliability, sequencing,
completeness or timeliness of information and data contained in or connected with the Services
including all Third Party Content;
(v) the timeliness, deletion, mis delivery, or failure to store any
user data, communications or personalization settings; (vi) the cost of obtaining substitute goods
and services resulting from any products, data, information or services purchased or obtained or
messages received or transactions entered into, through or from the Services;
(vii) unauthorized access to or alteration of your transmissions, data or Registration Information;
(viii) statements
or conduct of anyone on the Services;
(ix) any claim that arose more than one (1) year prior to
the institution of suit therefore; or
(x) any other matter relating to your use of and access to the
Services.
Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other
grievance shall be your termination and discontinuation of access to, or use of, the Services.
In any event, the liability of Company Parties for any reason and upon any cause of action
hereunder shall be limited to $100. The limitation contained herein applies to all causes of
action in the aggregate, including, without limitation, breach of contract, breach of warranty,
negligence, strict liability, misrepresentations, and any other torts.
Indemnification
You agree to indemnify, defend and hold each of the Company Parties harmless from and against any and all claims, suits, demands, liabilities, damages, losses, costs or expenses, including attorneys’ fees, made by any person arising out of or connected to (a) any violation of this User Agreement by you, (b) your use of the Services, including but not limited to the placement or transmission of any content or information on the Services, (c) the use by Company or any of its affiliates of any content or information you provide, as long as our use is not inconsistent with this User Agreement, or (d) your use of Third Party Content or any Third Party Site. This obligation survives indefinitely the termination and/or expiration of this Agreement and/or your status as a user of any Services.
Security of Data Transmissions and Storage
Electronic (including wired and wireless) communications through the Services may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and any of the Services or between you and other parties and acknowledge and agree that the Company Parties shall have no liability with respect thereto.
Monitoring by Company
The Company Parties are entitled, but not obligated, to review or retain your communications
and actions conducted over or through the Services. You acknowledge and agree that these
monitoring activities will not entitle you to any cause of action and the Company Parties shall
not be liable for any costs, damages, expenses or any other liabilities incurred by you as a result
of any monitoring activities.
Modifications, Suspensions and Terminations of Company
The Company reserves the right to modify or discontinue, temporarily or permanently, the Services and any service or content (or any part thereof) contained therein, with or without notice. You agree that the Company Parties will not be liable to you or to any third party for any such modification, suspension or discontinuance. The Company further reserves the right to block or otherwise discontinue your access and use of the Services at any time and for any reason.
Reviewing, Changing or Correcting Information
You agree to accept all communications from us regarding the use of the Services at the
addresses you provide during registration. You are responsible for helping us to maintain the
accuracy and completeness of your personal and other information. We urge you to review your
registration and account information regularly to ensure that it is correct and complete. If you
would like to review your personal information or if you believe that any of your information is
incorrect, or if you have any questions regarding your personal information, or if you have any
other questions or concerns regarding this Agreement or our Privacy Policy, please contact us
at. The Company is entitled to rely on the e-mail address and U.S. mail address
that you last provided to us. You agree to waive all claims resulting from failure to receive
communications because of changes in your e-mail or U.S. mail address.
Headings
The section titles in this Agreement are used solely for the convenience of you and the Company and have no legal or contractual significance.
Assignability
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. The Company may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
Choice of Law
This Agreement, any all future agreements you may enter into with the Company, unless otherwise indicated on such other agreement, shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions. This is the case regardless of whether you reside or transact business with the Company in New York or elsewhere.Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to personal and exclusive jurisdiction of the appropriate state or federal court located in the County of New York, State of New York for any action or proceeding arising out of or related to this Agreement, and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure of the Company to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement constitutes the entire agreement between the Company and you with respect to the Services and it supersedes all prior or contemporaneous communications, agreements and understandings between the Company and you with respect to the subject matter hereof. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
