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4. User Conduct
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on the Local City Fun website ("Content"), submitted by a user, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to Local City Fun, the Local City Fun website or the Services ("Submitter Content") is the sole responsibility of the person from which such Submitter Content originated and any such post, e-mail, transmission, uploading or other submission of such Submitter Content is subject to the
Submission Release Terms and Conditions
referred to in Section 5.
In addition to the License, Release and Waiver terms for Music, Photos Content and Submitter Content (as defined in Section 5), you also acknowledge and agree that you, and not Local City Fun, are entirely responsible for all Submitter Content that you post, e-mail, transmit, upload or otherwise submit via the Local City Fun website and/or pursuant to the Services. Local City Fun does not control the Submitter Content posted via the Local City Fun website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Local City Fun website or Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Local City Fun be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including Submitter Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Submitter Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitter Content that:
(a) is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) could be harmful to minors;
(c) harasses or advocates harassment of another person;
(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(e) promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) displays pornographic or sexually explicit material of any kind;
(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(l) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
(m) engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
(n) contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or the Local City Fun website and any world wide web pages or any operating system software or hardware on which such Content, Service or Local City Fun website is operated or displayed except as specifically designed into the Content.
Local City Fun and its designees shall have the right to remove any Submitter Content that violates these Terms and Conditions, or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that Local City Fun may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Local City Fun, its users and/or the public.
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