2. DESCRIPTION OF SERVICE Subject to full compliance with the Terms of Service, City Moments may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content City Moments performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. City Moments may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. City Moments may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. YOUR REGISTRATION OBLIGATIONS As a condition to using Services, you are required to register with City Moments and enter Facebook login. You shall provide City Moments with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your City Moments account. You may not (i) select or use as a Facebook name of another person with the intent to impersonate that person; (ii) use as a Facebook name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Facebook name that is otherwise offensive, vulgar or obscene. City Moments reserves the right to refuse registration of, or cancel a Facebook name in its discretion. You shall be responsible for maintaining the confidentiality of your Facebook password. Services are available only to individuals who are at least 16 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. USER CONDUCT As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by City Moments. By way of example, and not as a limitation, you agree not to use the services: 1. to abuse, harass, threaten, impersonate or intimidate other citymoments.cn users; 2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; 3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any citymoments.cn user;
5. to create or submit unwanted email ("Spam") to any other citymoments.cn users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
10. LINKS The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because City Moments has no control over such sites and resources, you acknowledge and agree that City Moments is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that City Moments 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. LIMITATION OF LIABILITY IN NO EVENT SHALL CITY MOMENTS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. TERMINATION City Moments may terminate or suspend any and all Services and your City Moments account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your City Moments account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. MISCELLANEOUS No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind City Moments in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. City Moments shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond City Moments’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with City Moments’ prior written consent. City Moments may transfer, assign or delegate the Terms of Service and its rights and obligations without consent.