This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: June 8, 2021.
These guidelines apply to persons/entities seeking to use the Neighbur website (the "Site") operated by of NEIGHBUR Inc. and the family of companies owned and operated by NEIGHBUR INC. (collectively, "NEIGHBUR" or “Neighbur” or “our” or “we” or “us”) to conduct marketing or promotions in support of products or services.
These guidelines are incorporated into and subject to the terms of our Terms and Conditions User Agreement (the “User Agreement”) for the use of the Site. Terms defined in the User Agreement have the same meanings herein. We reserve the right to amend these guidelines at any time, with or without notice.
The following terms, as well as our Terms and Conditions apply to all marketing and promotions undertaken on our Site by Users (hereafter “Marketing Users” or “you” or “your”).
By using, accessing, interacting or by submitting content on this Site for the purpose of Marketing or Promoting a product or service, you agree to abide, and that you are bound, by these Terms and Conditions and by our User Agreement. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our Site) to be bound by any such changes, effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of our Terms and Conditions on the Site. Terms defined in the Terms and Conditions User Agreement (the “User Agreement”) have the same meanings herein. We reserve the right to amend these guidelines at any time, with or without notice.
We believe that marketing and promotions on our Site should contribute to and be consistent with the overall user experience of our Site. We reserve the right to restrict or terminate or remove marketing or promotions content, which we believe, contravene our Guidelines, Terms and Conditions or User Agreement.
a) You may only allow your authorized representatives to administer any page, promotion, or other marketing initiative that your brand, entity (place or organization), or public figure wishes to conduct on the Site. Such person or persons shall be made known to us upon our request.
b) Any user may post content to express support for or interest in a brand, entity (place or organization), or public figure, provided that it is not likely to be confused with any official content or violate someone's rights.
c) Posted content is public and viewable by everyone who can see the page.
d) Your content must comply with applicable laws, our Terms and Conditions and User Agreement.
e) Your content must not be misleading.
f) You may not establish terms for your content or your promotions that conflict with our Terms and Conditions, our User Agreement or these terms.
g) Your content naming protocols (page names, headings, etc.) must accurately reflect the content. We may remove administrative rights, delete or require edits for any content that fails to meet this requirement.
a) If you collect content and information directly from Site users, you will make it clear that you (and not NEIGHBUR) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to collect or reuse their content and information.
b) You will only collect such personal information as is necessary for the purposes of the promotion, and you will use such information only for such purposes, and only with the consent of the participant. If you engage in permission marketing, appropriate opt in and opt out procedures will be employed by you.
d) You will not collect users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
e) For greater certainty, any data you obtain from us, and your use of that data must comply with our Terms and Conditions.
f) You must not inaccurately tag content or encourage users to inaccurately tag content.
a) Advertising and commercial content (including posted content) are subject to our Advertising Guidelines.
b) Event Promotion, Ticket Sales and Ticket Offerings are subject to our Ticket Purchase and Return Policy.
c) Third-party advertisements by our users are prohibited, without our prior permission.
d) Advertising and commercial content (including posted content) cannot be deceptive, misleading, or infringe on anyone else’s trademarks, service marks, names, domain names, logos, or copyrights.
a) Contests and promotions must comply with the following:
I. They must be time limited.
II. They can only be supplied on the Site by the merchant or manufacturer of the product or service being promoted, or a recognized agent of such merchant or manufacturer.
III. You must clearly and prominently disclose any restrictions on your offer or promotion (such as expiration date or limitations on redemption).
IV. You are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer.
V. If your offer may be redeemed at a merchant not operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
VI. You may not offer on the Site the equivalent of a gift card, gift certificate or stored value card as a product or service.
VII. You are responsible for ensuring that your offer complies with these terms and all applicable laws, rules and regulations. Offers are subject to many regulations (such as tobacco or alcohol related laws, laws pertaining to marketing to minors) and if you are not certain that your offer complies with applicable law, consult with an expert
VIII. You are responsible for administration of any promotion you seek to run on our Site (eg, a contest or sweepstakes).
IX. You must ensure the promotion is operated lawfully, in compliance with applicable law and regulation governing the promotion and all prizes offered and with all applicable industry codes of conduct (this may require you obtaining regulatory approvals).
X. You will post the official rules, offer terms and eligibility requirements (eg age and/or residency restrictions).
XI. You will properly notify prize recipients in accordance with applicable law.
XII. You must obtain user permissions (appropriate opt in and opt out provisions) for your use of any participant’s personal information (such as in a mobile text marketing promotion or where you seek to communicate with the participant for subsequent purposes).
XIII. Your promotions must include the following: a complete release of NEIGHBUR by each entrant or participant; an acknowledgement that the promotion is in no way sponsored, endorsed or administered by or associated with NEIGHBUR.
b) We reserve the right to limit promotions and advertising to specific locations on our Site, and to charge fees to advertisers and contest promoters.
c) We will not assist you in the administration of your promotion, and you agree that if you use our Services to administer your promotion, you do so at your own risk.
a) You agree we are not responsible or liable to you in any manner for any user supplied content or third-party applications, software or content posted on the Site or in connection with the any service or utility provided by or through the Site, whether posted or made accessible by users of the Site, by us, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any user supplied content or third-party applications, software or content. We are not responsible for the conduct, whether online or offline, of any user of the Site.
b) The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your or any other user’s communications. You agree we may not be held liable for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user supplied content or personal injury or death, resulting from anyone's use of the Site, any user supplied content or third party applications, software or content posted on or through the Site or any Services or transmitted to users, or any interactions between users of the Site, whether online or offline.
c) OUR SITE AND THE CONTENT ON OUR SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, EVENT LISTINGS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
d) OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
e) NEIGHBUR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, NEIGHBUR USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH NEIGHBUR’S SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR NEIGHBUR SERVICES.
f) NEIGHBUR IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT ANY EVENT VENUE FOR WHICH NEIGHBUR OFFERS OR SELLS EVENT TICKETS OR MARKETS OR PROMOTES OR PERMITS A THIRD PARTY TO MARKET OR PROMOTE AN EVENT.
g) The Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at NeighburprivacyInfo@Neighbur.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement”.
h) In no event shall any claim, action or proceeding by you related in any way to the Site or our Services (including your visit to or use of the Site or any of our Services) be instituted more than one (1) year after the cause of action arose.
a) NEIGHBUR and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions), even if NEIGHBUR has been advised of the possibility of such damages.
b) NEITHER NEIGHBUR NOR ANY OF OUR AFFILATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEIGHBUR SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF NEIGHBUR, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF NEIGHBUR INC. AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
c) You acknowledge that you may have or may in the future have claims against NEIGHBUR which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. Should they apply to you, you do hereby expressly waive all rights you may have under Section 1532 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You agree to indemnify, defend and hold us, our licensors, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable lawyer's fees, arising out of or in connection with any content you post or submit or otherwise share on or through the Site (including through any share service), your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of these Terms and Conditions or of any law or the rights of any third party. You further agree to indemnify, defend and hold NEIGHBUR, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from any allegation that any Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.
These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that NEIGHBUR may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that NEIGHBUR shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any such termination. Further, If you violate the letter or spirit of this User Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Site to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, your rights as a user under this User Agreement shall terminate, but the provisions hereof shall survive.
a) These Terms and Conditions shall be governed by the laws of Canada and the Province of Ontario, applicable to agreements made and to be performed therein without regard to conflict of laws principles. You agree to resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms and Conditions or the Site exclusively in a provincial or federal court located in Ontario, Canada. The laws of the Province of Ontario will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Toronto, Ontario, Canada for the purpose of litigating all such claims.
b) If anyone brings a claim against us related to your actions, content or information on the Site or in our publications, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Site and are not responsible for the content or information users transmit or share on the Site or in our publications. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site or in our publications. We are not responsible for the conduct, whether online or offline, or any user of the Site.
We make no representation that materials on this Site are appropriate or available for use in locations outside Canada. If you access this Site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
If we fail to exercise or enforce any right or provision of these Terms and Conditions, this shall not constitute waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intent of the provision in question, and that the other provisions of these Terms and Conditions remain in full force and effect.
You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as we may reasonably require from time to time for the purpose of giving effect to these Terms and Conditions, including regularly reviewing the Terms and Conditions and updating your registration information. You agree that nothing in this User Agreement shall prevent us from complying with the law; that this User Agreement does not confer any third-party beneficiary rights; and that you will comply with all applicable laws when using or accessing our Site. We reserve all rights not expressly granted to you.