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Please read this Terms and Conditions User Agreement carefully as it contains important information about your legal rights, remedies and obligations. By accessing or using Neighbur's Site or Services, you agree to comply with and be bound by these Terms, as applicable to you. 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. |
Terms and Conditions
These Terms, including NEIGHBUR's Privacy
Policy, Posting Community Guidelines,
Application Terms of Use, Event Provider Terms of Service Agreement, Ticket Purchase and
Refund Policy, and any other policies, rules or guidelines that may be
applicable to particular offers, Users or features on the Site (the "Additional
Terms") are hereby incorporated by reference into these Terms. By downloading
and using, using or visiting the Site, you expressly agree to be bound by these
Terms and to follow these Terms and all applicable laws and regulations
governing the Site.
To the extent that there is a conflict between these Terms and the Additional
Terms for the activity in which you choose to participate, the Additional Terms
shall govern. These Terms will remain in full force and effect as long as you
are a user of the Site and in the event of termination of any membership,
service or feature, you will still be bound by your obligations under these
Terms, including any indemnifications, warranties and limitations of
liability. These Terms and Conditions
and the Additional Terms contain our terms of service that govern our
relationship with Site users and others who interact with our Site, and
comprises our User Agreement with you (collectively, the “User Agreement”).
By using or attempting to use the Site, you certify that (i) you are a
resident of Canada or the United States and are at least 13 years of age or, if
under the age of 13, you have the consent of your parent or guardian (over the
age of 18) to use the Site, or (ii) you are not a resident of Canada or the
United States and are at least 18 years of age or the legal age of majority
where you reside if that jurisdiction has an older age of majority or, if under
the age of 18 or the legal age of majority where you reside if that
jurisdiction has an older age of majority, you have the consent of your parent
or guardian (over the age of 18 or the legal age of majority where you reside
if that jurisdiction has an older age of majority) to use the Site. If you do
not meet these requirements or, if for any reason, you do not agree with all of
the terms and conditions contained in these Terms, please discontinue using the
Site immediately.
These Terms are a legally binding agreement between you and Neighbur
governing your access to and use of the Site and the Site’s services which may
include but are not limited to information technology, augmented reality, image
recognition, the provision of digital content including databases of events,
promotional and marketing materials, localized news and information, ticketing
services, geolocated digital content, augmented reality content, and virtual
reality content (individually and collectively the “Services”) and
setting out your rights and responsibilities when you use the Site and our Services.
By using any of our Site or our Services (including browsing our Site), you are
agreeing to these Terms. If you do not agree to these Terms, please do not use
or access our Site or Services. If you will be using the Site or our Services
on behalf of an entity (such as on behalf of your employer), you agree to these
Terms on behalf of that entity and its affiliates and you represent that you
have the authority to do so. In such case, "you" and "your"
will refer to that entity as well as yourself.
By downloading and using, using, accessing, interacting or by submitting
content for publication on our Site, you agree to abide, and that you are bound
by the 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. Unless explicitly stated otherwise, any new
features or functionality (including, without limitation, video and related
projects) that augment or enhance our Site shall be subject to the User Agreement.
The most current version of these Terms and Conditions can be viewed at
any time at: www.neighbur.com.
All content of the Site is exclusively for private use and is not to be
redistributed in any form other than as expressly allowed by these Terms and
Conditions.
a) Your privacy is very important to us. We
designed our Privacy Policy to make
important disclosures about how you can use our Site to share with others and
how we collect and can use your content and information. We encourage you to
read our Privacy Policy, and to use it to
help you make informed decisions. The
most current version of our Privacy Policy can be viewed at any time at: https://support.neighbur.com
b) As a Site user, you agree to abide, and that
you are bound by our Privacy Policy
c) If you are an Organizer as defined in our Event Provider Terms of Service Agreement, you further
represent, warrant and agree that:
I. you will at all times comply with all
applicable local, state, provincial, national and other laws, rules and
regulations with respect to information you collect from (or receive about) Buyers
as defined in our Event Provider Terms of Service
Agreement; and
II. you will at all times comply with any
applicable policies posted on the Services with respect to information you
collect from (or receive about) Buyers as defined in our Event Provider Terms of Service Agreement.
a)
We reserve
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, our Site (or any part thereof) with or without
notice. You agree that we shall not be liable to you or any third party for any
such modification, suspension or discontinuance of our Site. In addition, we
reserve the right to terminate your access to our Site for any reason, and to
take any other actions that we, in our sole discretion, believe to be in the
interest of our company and of our users as a whole.
b)
Violations
of these Terms, including unauthorized use of the Site, may be investigated and
appropriate legal action may be taken, including without limitation civil,
criminal and injunctive redress. You understand and agree that in NEIGHBUR's
sole discretion, and without prior notice, Neighbur may terminate and block
your access to the Site or to NEIGHBUR's services, if Neighbur believes that
your conduct or the conduct of any person with whom Neighbur believes you act
in concert, violates or is inconsistent with these Terms or the law, or
violates the rights of Neighbur, a client of Neighbur or another user of our
Site.
c)
You agree
that monetary damages may not provide a sufficient remedy to Neighbur for
violations of these Terms, and you consent to injunctive or other equitable
relief for such violations.
d)
You agree
that abusive use of the Site, as defined herein, causes damage and harm to
Neighbur in the form of, among other things, impaired goodwill, lost sales, and
increased expenses associated with responding to abusive use of the Site. You
further agree that monetary damages for abusive use of the Site are difficult
to ascertain and that proof of monetary damages for abusive use would be costly
and difficult to calculate. Accordingly, you agree that liquidated damages are
warranted for abusive use of our Site. Therefore, you agree that if you, or
others acting in concert with you, alone or collectively request more than
1,000 pages of our Site in any twenty-four-hour period, you, and those acting
in concert with you, will be jointly and severally liable for liquidated
damages in the amount of twenty-five cents ($0.25) per page request each time
that a page request is made after that first 1000 during that twenty-four-hour
period.
e)
NEIGHBUR
is not required to provide any refund to you if it exercises any of its rights
or remedies because you have violated these Terms, The User Agreement or any of
NEIGHBUR's rights. We also reserve the right, in our sole discretion, to impose
limits on certain features and services and to restrict access to any part or
to all of the Site without notice to you. We shall not be liable to you or any
third party for any claim or cause of action arising out of our exercise our
rights.
a)
Our Site (including all text,
photographs, graphics, video and audio content contained on our Site) is
protected by copyright as a collective work or compilation under the copyright
laws of Canada and worldwide copyright laws and treaty provisions, and we
(subject to the rights of our licensors and licensees under applicable
agreements, understandings and arrangements) have all rights therein. All
individual articles, blogs, comments, event listings and descriptions, videos,
content and other elements comprising our Site are also copyrighted works, and
we (subject to the rights of our licensors and licensees under applicable
agreements, understandings and arrangements) have all rights therein. You must
abide by all additional copyright notices or restrictions contained on our
Site.
b)
By posting, transmitting or
submitting content on or to our Site (regardless of the form or medium with
respect to such content, whether text, videos, photographs, audio or
otherwise), you agree to abide by our Posting
Community Guidelines and automatically grant (or warrant that the owner
of such materials expressly grants) NEIGHBUR and its affiliates and licensors a
world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and
license to use, copy, store, adapt, transmit, communicate, publicly display and
perform, distribute and create compilations and derivative works from such
transmitted or submitted materials and to use such content for promotional and
marketing purposes. Such license will apply with respect to any form, media,
data or technology now known or later developed. In addition, you warrant that
all "moral rights" in such materials have been waived.
c)
Without limiting the generality
of the foregoing, with respect to any audio or video or other content
submissions to us made by you from time to time, you understand and agree that
(unless you and we agree otherwise) we may, or may permit users to, based
solely on functionality provided and enabled by our Site, compile, re-edit,
adapt or modify your video submission, or create derivative works therefrom,
either on a stand-alone basis or in combination with other video submissions,
and (unless you and we agree otherwise) you shall have no rights with respect
thereto and we or our licensees shall be free to display and publish the same
(as so compiled, re-edited, adapted, modified or derived) for any period.
d)
You shall be solely responsible
for your own submissions and the consequences of posting or publishing them on our
Site. You may not post, transmit, or share content that you did not create or
that you do not have permission to post. In connection with each of your
submissions, you affirm, represent, and/or warrant that: (I) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
us to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all such submissions to enable inclusion and use of
such submissions in the manner contemplated by us and these Terms and
Conditions; and (II) you have the written consent, release, and/or permission
of each and every identifiable individual person in such submissions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of such submissions in the manner contemplated by us
and these Terms and Conditions.
e)
In furtherance of the
foregoing, you agree that you will not:
I. submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant us all of the
rights granted herein;
II. publish falsehoods or misrepresentations that could damage us or any
third party;
III. use the Services, software, information, data and other content on
the Site to harm minors in any way;
IV. impersonate any person or entity, including, but not limited to, any
of our officials, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
V. submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any local, provincial, national, or
international law, or is otherwise inappropriate;
VI. collect or provide funds, directly or indirectly, in order to carry
out terrorist crimes, contribute to or facilitate the activities or a terrorist
group, or instruct anyone to carry out a terrorist activity, including doing
any of the of the foregoing in relation to a listed entity under s.83.05 of
Part II.1 of the Criminal Code; or
VII. collect or store personal data about other users without their
express consent or in connection with the prohibited conduct and activities set
forth above.
f)
You acknowledge that we do not
pre-screen Site users or submissions or materials submitted to the Site by Site
users, but that we reserve the right to edit, remove or not publish submissions
or materials without prior notice. You understand that when you submit content
in any form to the Site (your “User Content”) we may authorize such
content to be distributed or syndicated to or published on other Neighbur or
NEIGHBUR-branded environments.
g)
You acknowledge that NEIGHBUR
(i) is under no obligation to post, display or otherwise use any User Content,
and (ii) has no obligation whatsoever to pay you any royalty or other amounts
on any revenues or other consideration that NEIGHBUR receives directly or
indirectly from the use or display of your User Content or otherwise from the
exercise of NEIGHBUR's rights granted under these Terms.
h)
You hereby agree not to
instigate, support, maintain, or authorize any action, claim, or lawsuit
against NEIGHBUR or its owners/operators, affiliates, and/or licensors, or any
other person, on the grounds that any use of your User Content, or any
derivative works thereof, infringe any of your rights as creator of the User
Content, including, without limitation, trademark rights, copyrights, publicity
rights, privacy rights, and moral rights or "droit moral."
Please be
advised that our Site uses services and products protected by one or more
registered patents and patents pending.
If you are a copyright owner or agent thereof
and believe that any of our Site content infringes upon your copyright, please
contact us by submitting a query at https://support.neighbur.com
a)
Unless expressly permitted, you
may not copy, reproduce, distribute, publish, enter into a database, display,
perform, modify, create derivative works from, transmit or in any way exploit
any part of our Site or any content thereon, except as permitted under the last
sentence of this Section 5(a) and except that you may make one print copy that
is limited to occasional articles of personal interest only. Without limiting
the generality of the foregoing (but subject to the last sentence of this
Section 5(a), you may not distribute, frame, reproduce, republish, scrape,
display, post, or transmit any part of this Site or any content thereon over
any network, including, without limitation, a local area network, or sell or
offer it for sale. In addition, these files may not be used to construct any
kind of database. Just as we from time-to-time excerpt materials from other
sources in order to support the various commentaries and writings contained
herein, we respect the right of others to make "fair use" of the
materials contained on our Site; accordingly, you may from time-to-time excerpt
and use materials set forth on this Site consistent with the principles of
"fair use."
b) We are concerned about the integrity of our Site when it is viewed
in a setting created by a third party that includes advertising or other
materials that we have not authorized to be displayed with the content of our
Site. Neither you nor any third party shall make use of the contents of our
Site in any manner that constitutes an infringement of our rights, including
copyright or that has not been authorized by us.
a)
You acknowledge that a large
volume of User Generated information is available on our Site and that Site
Users occasionally post messages or make statements, whether intentionally or
unintentionally, that are inaccurate, offensive, indecent, objectionable,
obscene, threatening, harassing or encourages any such conduct, or that
otherwise violate any of the User Agreement or Codes of Conduct, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you
have or may have against NEIGHBUR with respect thereto.
b)
Opinions and other statements
expressed by Site users and third parties (e.g., bloggers, content submitters
and those that comment or “like” posts) are theirs alone, not opinions of
NEIGHBUR. User Content is the sole responsibility of the third parties and its
accuracy and completeness are not endorsed or guaranteed. You acknowledge that
by providing you with our Services and the ability to view and distribute
content through our Site, we are not undertaking any obligation or liability
relating to the content. NEIGHBUR and its affiliates, successors, assignors,
employees, agents, directors, officers and shareholders do not undertake or
assume any duty to monitor our Site for inappropriate, inaccurate or unlawful
content. NEIGHBUR and its affiliates, successors, assignors, employees, agents,
directors, officers and shareholders assume no responsibility or liability
which may arise from the content thereof, including, but not limited to, claims
for defamation, libel, slander, infringement, invasion of privacy and publicity
rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Notwithstanding the foregoing, we reserve the right to block or remove
communications, postings or materials at any time in our sole discretion.
c) Although NEIGHBUR strives to provide content, User Content, data,
experiences, services and other materials (the “Materials”) that are
both useful and accurate, the nature of the data and other information
contained on the Site is subject to frequent change. In addition, the facts and
circumstances of every situation differ. Accordingly, although NEIGHBUR
endeavors to use reasonable care in assembling the Materials, the Materials may
not be up-to-date, accurate or complete. In the event that a situation arises
in which the Site's completeness or correctness is in question, please contact
us by submitting a query at https://support.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.
If you submit materials to us as a Site user,
you will be treated as an independent contractor, not an employee. You agree
that you are not entitled to, and do not expect any wages or compensation from
us for any of your User Content. You also agree that you are not eligible for
any employee benefit plans or programs. You must obtain and pay for your own
computer, Internet access, third-party clearances and licenses and everything
else you need to create and submit your content to us. You agree that you are
not under our direction or control and that you cannot hold yourself out as our
agent or representative or attempt to bind us to any obligations. You
acknowledge and agree that the Site provides a forum with an audience for you
to share your content, views and express your unique opinions and ideas. If you
post photos, video or any other works, comments or blogs on the Site, you
decide when, where and how often you write and submit your User Content. You
can write or provide content for anyone else and to any other Site you want at
any time. We do not select or approve your topics.
NEIGHBUR cannot prohibit minors from
visiting this site. NEIGHBUR must rely on parents, guardians and those
responsible for supervising children under 13 to decide which materials are
appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C.
Section 230 (d), as amended, we hereby notify you that parental control
protections (such as computer hardware, software or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such
protections may be available on the website: OnGuardOnline (https://www.consumer.ftc.gov/features/feature-0038-onguardonline).
You agree to indemnify, defend and hold
harmless NEIGHBUR and its affiliates, and their respective members, 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 by you of these Terms and
Conditions, the User Agreement or any breach by you of your representations and
warranties hereunder. We reserve the right to take over the exclusive defense
of any claim for which we are entitled to indemnification. In such event, you
shall provide us with such cooperation as is reasonably requested by us.
a)
You agree we are not
responsible or liable to you in any manner for any user supplied content or
third-party applications, software content or Materials 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, Materials 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, tablet,
smart home device, 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.
c)
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 Materials or Services transmitted
to users, or any interactions between users of the Site, whether online or
offline.
d)
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.
e)
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 the Materials available through our Site,
you do so solely at your own risk.
f)
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.
g)
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.
h)
Neighbur is not responsible for
the products, services, actions or failure to act of any event Organizer,
venue, performer, promoter or other third party in connection with any activity
at any event for which Neighbur offers or sells event tickets or markets or
promotes or permits a third party to market or promote an event.
i)
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 by submitting a query at https://support.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
"Copyright Infringement” above.
j)
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 two (2) years 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
affiliates, 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 of 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;
V. 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;
VI. any errors, mistakes, inaccuracies or omissions in any Site 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
VII. if you purchased an event ticket through the Site, any lost, stolen
or damaged tickets, or the failure of a venue to honor a ticket.
c)
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.
d)
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 HEREBY WAIVE ANY
APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
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 User 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.
Except where prohibited by law, you agree
to waive your right to initiate, be a class representative of, or in any way
participate as a party or class member in a class action claim, suit, or proceeding
brought in any court in any location against NEIGHBUR.
You agree that in the event we receive an
order issued by a court or from a law enforcement or government agency, we
shall comply with such orders without your consent or prior notice to you, and we
may disclose your IP address, username, name, IP location or other information
in response thereto.
We are not responsible for the availability
or content of any goods or services provided by third parties that may be
linked to our Site. Because we have no control over such goods and services,
you acknowledge and agree that we are not responsible or liable for any
content, accuracy, quality, advertising, products or other materials on or
available from such third parties. You further acknowledge and agree that your
correspondence or business dealings with any third parties, including any
merchants or advertisers, found on, or through, the Site or any of the
Services, including payment for and the delivery of related goods and services,
and all other terms, conditions, representations and warranties related to such
dealings are solely between you and such third parties. You agree that we will
not be responsible or liable in any way, either directly or indirectly, for any
loss or damage of any kind incurred as a result of, or in connection with the
use of or reliance on any content, goods or services available through such
third parties.
We do our best to keep the Site safe, but
we cannot guarantee it. We need your help to keep our Site safe, which includes
the following commitments by you:
a)
You will
not post unauthorized commercial communications (such as spam) on the Site.
b)
You will
not collect users' content or information, or otherwise access our Site, using
automated means (such as harvesting bots, robots, spiders, or scrapers) without
our prior permission.
c)
You will
not engage in unlawful multi-level marketing, such as a pyramid scheme, on the
Site.
d)
You will
not upload viruses or other malicious code to our Site.
e)
You will
not solicit Site login information or access an account belonging to someone
else.
f)
You will
not bully, intimidate, or harass any user of the Site.
g)
You will
not post or otherwise submit content to our Site that: is hate speech,
threatening, or pornographic; incites violence; or contains nudity or graphic
or gratuitous violence.
h)
You will
not develop or operate a third-party Site application containing
alcohol-related, dating or other mature content (including advertisements)
without appropriate age-based restrictions.
i)
You will
follow our Promotions Guidelines and all
applicable laws if you publicize or offer any contest, giveaway, or sweepstakes
(“Promotion”) on the Site.
j)
You will
not use the Site to do anything unlawful, misleading, malicious, or
discriminatory.
k)
You will
not do anything that could disable, overburden, or impair the proper working or
appearance of the Site, such as a denial-of-service attack or interference with
page rendering or other Site functionality.
l)
You will
not facilitate or encourage any violations of this User Agreement or our
policies.
a)
Certain of the Services made
available on the Site may require registration. Should you choose to register
for these services, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of
Canada or another applicable jurisdiction. You also agree to: (i) provide true,
accurate, current, and complete information about yourself as required by the
Services' registration form (the "Registration Data"); (ii) maintain
and update the Registration Data to keep it true, accurate, current and
complete; and (iii) be responsible for all activities that occur under such
registration or account. If you provide any information that is untrue,
inaccurate, not current or incomplete or if we have reason to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future
use of the Site or Services.
b)
As part of the Site registration
process, you will be asked to select a username and password. We may refuse to
grant you a username that impersonates someone else, is or may be illegal, is
or may be protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, or may cause confusion, as determined by us in our sole
discretion. Your Site username and password are personal to you. You will be
responsible for the confidentiality and use of your Site username and password,
and for any and all activities (including purchases, as applicable) that are
conducted through your Site account, and agree not to transfer or resell your
use of or access to the Site to any third party. We are not liable for any harm
caused or related to the theft or misappropriation of your Site username or
password, disclosure of your Site username or password, or your authorization
of anyone else to use your Site username or password. If you have reason to
believe that your account with us is no longer secure, you must promptly change
your password by visiting www.Neighbur.com or
by using the “Forgot My Password” option on the Site.
c)
The following are some
commitments you make to us relating to registering and maintaining the security
of your account:
I. You are solely responsible for the profiles (including your name
and/or username, image, and likeness), if any, that you upload, publish or
display on or through the Site, or transmit to or share with other users.
II. You will not provide any false personal information on the Site or
create an account for anyone other than yourself without their express
permission.
III. You will not create more than one personal Site account.
IV. If we disable your Site account, you will not create another one
without our permission.
V. You will not use the Site if you are under 13 years of age.
VI. You will not use the Site if you are a convicted sex offender.
VII. You will keep your contact information accurate and up to date.
VIII.
You will not share your
password, let anyone else access your account, or do anything else that might
jeopardize the security of your account.
IX. You will not transfer your account (including any Page or
application you administer) to anyone without first getting our written
permission.
X. You agree that usernames and passwords used on our Site are our
property. If you select a username or similar identifier for your account, we
reserve the right to remove or reclaim it if we believe it is appropriate (such
as when a trademark owner complains about a username that does not closely
relate to a user's actual name).
XI. You will notify us immediately on discovering any unauthorized use
of your Site account.
As part of this agreement, you covenant
that:
a)
You will not upload, post,
transmit, share, store or otherwise make available content or take any action
on the Site that infringes or violates someone else's rights or otherwise
violates the law. You will not upload, post, transmit, share, store or
otherwise make available content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that
would otherwise create liability or violate any local, state, national or
international law.
b)
You will not upload, post,
transmit, share, store or otherwise make available any content that is harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing,
vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful,
or racially, ethnically or otherwise objectionable.
c)
You will not upload, post,
transmit, via script or otherwise, share or otherwise make available any
unsolicited or unauthorized advertising, solicitations, promotional materials,
"junk mail", "spam", "chain letters",
"pyramid schemes", any other form of solicitation, or materials that
promote or convey information known to be false or misleading. We have the
right but not the obligation to make such determinations, and you accept our
determinations.
d)
You agree to be bound by and to
follow our Posting Community Guidelines,
which are incorporated by reference herein.
e)
We can remove any content or
information you post on the Site if we believe that it violates any of our
Terms and Conditions, our User Agreement, or any of our policies.
f)
If we remove your content for
infringing someone else's copyright, and you believe we removed it by mistake,
we will provide you with an opportunity to appeal.
g)
If you repeatedly infringe
other people's intellectual property rights, we will disable your account when
appropriate.
h)
You will not use our copyrights
or trademarks (including NEIGHBUR, Neighbur and all Logos and marks), or any
confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written
permission.
i)
If you collect information from
Site users, you will: obtain their consent, make it clear you (and not
NEIGHBUR) are the one collecting their information, and post a privacy policy
explaining what information you collect and how you will use it. You will not
use our Site to harvest or collect contact information from Site users for the
purposes of sending unsolicited email or text messages or making other
unsolicited communications. You will not use the Site to solicit personal
information from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes.
j)
You will not post anyone's
identification documents or sensitive financial information on the Site.
k)
You will not tag Site users or
send email invitations to non-users without their consent.
If you violate this User Agreement by
sending unsolicited bulk email, solicitations, advertisements, or other
communications for a commercial purpose or any other unsolicited communications
of any kind to other Site users using either our Site or Services or
information you obtained by use of our Site or Services, you harm our
relationship with our Site users, licensors, business partners, and others with
which we have a business relationship.
You agree that it is difficult to place a value on the harm that will be
caused by a violation of this provision, and you therefore agree that a reasonable
estimation of such harm is $75.00 USD per each unsolicited email you sent to
users of our Site or Services in violation of this provision. You agree to pay to us $75.00 USD as
liquidated damages for each unsolicited email you sent to users of our Site or
Services in violation of this provision.
Our goal is to publish event details and
other content including by not limited to photos, video and other User Content
of the general public in event settings both on our Site, through our social
media channels, and within our print publications. Photos and video taken by
yourself, by other Site Users, and from time to time, our photographers should
be posed, and the subjects of the photos are to be informed of our intent
before being uploaded to our Site.
Please be aware that
any information given through the Event Submission features of our Site that is
not flagged as private, including but not limited to names, addresses and phone
numbers, will be considered publicly available information and may be published
online, in print and/or otherwise made available to the general public. Only
information that is intended for public viewing should be included when
supplying event content to our Site.
By
submitting event details, event information and other content from events to
our Site, and by requesting a photographer to attend your event on the intake
webform, you agree to allow NEIGHBUR or its agent to attend the event on the
date and time given, with the intent of photographing, videoing, and/or
interviewing attendees for publication in print and/or online. You also agree,
in the case of a private event where you have requested a photographer, to
inform all attendees of the event of NEIGHBUR's intentions to obtain content
and your intention to supply content to NEIGHBUR for publication. In the case of photographs of minors, it is
your responsibility to obtain, through written or verbal consent, permission to
publish the photographs from the minor’s parent, guardian or custodian, and to
inform the NEIGHBUR photographer of any restrictions.
a)
We may offer various mobile
browsing and mobile messaging services including, without limitation,
information technology services, augmented reality services, image recognition
services, alerts, notifications, contests, sweepstakes and offers for products
(the “Mobile Services”). You may choose to receive our Mobile Services
or mobile alerts by using the Neighbur software application for mobile devices
(the “Neighbur App”) and accepting our mobile Application
Terms of Use, or by signing up or entering a mobile promotion. Terms of
service for any third party supplied messaging services will be made available
to you by the third party. We currently provide some of our Mobile Services for
free while other mobile services are provided on a subscription fee basis, but
please be aware that your carrier's normal rates and fees, such as text
messaging fees and data usage fees will still apply. Please consult your mobile service carrier's
pricing plan to determine the charges for browsing data and sending and
receiving text messages. Under no circumstances will NEIGHBUR be responsible
for any text messaging or wireless charges incurred by you or by a person that
has access to your wireless device or telephone number as a result of a
promotion or your use of the Site. If your carrier does not permit text alerts,
you may not receive the Neighbur text alerts. Pre-paid phones or calling plans
may not be supported. You may receive a bounce-back message, or some other
error message alert for every message you send to or from the Site.
b)
You may opt out of any mobile
messaging service by disabling Site notifications on your Device.
c)
NEIGHBUR disclaims any and all
responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material
displayed in the Mobile Services or Neighbur mobile messaging. NEIGHBUR
disclaims any responsibility for the deletion, failure to store, mis-delivery
or untimely delivery of any information or material by Neighbur or by you.
NEIGHBUR disclaims any responsibility for any harm resulting from information
or material through the Mobile Services or Neighbur’s mobile messaging. NEIGHBUR reserves the right, in the future,
to charge for our Mobile Services.
d)
In the event you change or
deactivate your mobile telephone number, you agree to update your account
information on our Site within 48 hours to ensure that your messages and our
Mobile Services are not sent to the person who acquires your old number. 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 our Site.
a)
Your order or purchase of any
event tickets through the Site or our Services is governed by our Ticket Purchase and Refund Policy. The sale or
purchase of tickets to events may be regulated by certain federal, provincial,
and local laws or regulations. You acknowledge that complying with laws is your
responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY
WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE
WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU
SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
b)
When purchasing tickets through
our Site, you agree to pay all charges incurred by you or any users of your
account and credit card (or other applicable payment mechanism) at the price(s)
in effect when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your ticket purchases.
c)
Certain federal, provincial,
state, county and city laws, rules or regulations, may regulate the sale or
purchase of tickets to entertainment events. You acknowledge that complying
with all such laws, rules and regulations is your responsibility.
d)
You may be asked to provide
information during various processes that you engage in on the Site. You
represent and warrant that all information you provide, including but not
limited to all information concerning your name, address, credit card number,
and other identifying information of any nature will be true, complete and
correct, and that you will update all information as it changes. You agree that
you will only use credit cards belonging to you, friends or immediate family
members who expressly authorize such use, for the purpose of purchasing
tickets. You further agree that you will not attempt to conceal your identity
by using multiple Internet Protocol ("IP") addresses or email
addresses to use or to purchase tickets on the Site.
e)
You agree that you will not use
any robot, spider or other automatic device, process or means to access the
Site. You agree that you will not use any robot, spider or other automatic or
manual device, process or means to give yourself or others acting for your
benefit or on your behalf the ability to navigate the Site or purchase tickets
on the Site faster than users of the Site who use a standard commercial browser
and manually enter on their computers all information needed to navigate the
Site and purchase tickets. You agree that you will use no robot, spider,
program or other automatic or manual device, process or means to circumvent,
avoid or defeat any security measures or systems used on the Site, including
but not limited to the "CAPTCHA" system used as part of the Site's
ticket purchasing process. The CAPTCHA system requires the retyping of
characters on your computer screen. You agree that the retyping will only be
done manually by you on the keyboard for the computer that you are using to
access the Site. Nor shall you use any manual process to monitor or copy our
web pages or the content contained thereon or for any other unauthorized
purpose without our prior expressed written permission. You agree that you will
not use any device, software or routine that interferes with the proper working
of the Site nor shall you attempt to interfere with the proper working of the
Site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. You agree that you will
not access, reload or "refresh" transactional event or ticketing
pages, or make any other request to transactional servers, more than once
during any three second interval. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content (except for
your own personal, non-commercial use) from the Site without our prior, express
written permission.
f)
Descriptions or images of, or
references to, products or services on the Site do not imply Neighbur Inc.
endorsement of such products or services. We reserve the right, without prior
notification, to change such descriptions or references; to honor, or impose
conditions on the honoring of, any coupon, coupon code, promotional code or other
similar promotions; to bar any user from making any or all Transaction(s); to
limit the order quantity on any product or service; and/or to refuse to provide
any user with any product or service. Verification of information applicable to
a purchase may be required prior to NEIGHBUR's acceptance of any order. Price
and availability of any product or service are subject to change without
notice. Refunds and exchanges will be subject to NEIGHBUR's refund and exchange
policies then in effect.
If you make a payment on the Site or use
the Site to obtain one or more event tickets or to purchase other goods or
services, you agree to our Ticket Purchase and
Refund Policy and the ticket Payment Terms
and Conditions.
Registration data and certain other
information about you are subject to our Privacy
Policy. For more information, please see our full Privacy Policy at https://support.neighbur.com You understand
that through your use of the Site and Services, you consent to the collection,
use and disclosure of this information, as permitted by the Privacy Policy,
including transfer of this information to Canada for storage, processing, and
use by NEIGHBUR and its affiliates in order to provide the Services to you.
Our goal is to deliver ads and commercial
content that are valuable to our Site users and advertisers. In order to help
us do that, you agree to the following:
a)
You give us permission to use
your name and profile picture in connection with that content, subject to the
limits you place.
b)
We do not give your content or
information to advertisers without your consent.
c)
You understand that we may not
always identify paid services and communications as such.
Advertisers are
required to accept our Terms for Advertisers.
We are the owner or licensee of the
trademarks for NEIGHBUR, Love Where You're At, Capturing Life and Entertainment,
and the trade dress used on the Site (graphics, logos, designs, page headers,
button icons, scripts etc.). Our trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without our prior
written permission (and that of any licensor to us).
a)
Through access to or membership
in the Site, we or third parties may provide links to other websites,
utilities, or resources (“Third Party Sites”) as well as advertisements,
applications, information, pictures, text, graphics, articles, video, software
and other content belonging to or originating from third parties (the “Third
Party Applications, Software or Content”). Such Third Party Sites and Third
Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, safety or completeness by us. Because we
have no control over such sites and resources, you acknowledge and agree that
we are not responsible for the availability of such external sites or
resources, and does not endorse or warrant in any manner, and is not
responsible or liable for any content, advertising, products, utilities or
other materials on or available from such sites or resources.
b)
You further acknowledge and
agree that we 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. If you access
download, view, utilize, or rely on any Third Party Applications, Software or
Content, you do so at your own risk and you should be aware that our terms and
policies no longer govern.
c)
You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate to from our Site or that relates to any Third
Party Applications, Software or Content you use or install. And, by all means, you should install,
maintain, and frequently update security software to protect your computer from
viruses, spyware, and other noxious programs you may encounter through us or
otherwise.
a)
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
and with or without notice to you. 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.
b)
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 may 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 User 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 you have a dispute and your
dispute involves an event (or a ticket for an event) that is located in the
United States, then you consent to personal jurisdiction, and agree to bring
all actions, exclusively in a state or federal court located in Newark City,
Delaware. If you have a dispute and your dispute involves an event (or a ticket
for an event) that is located in Canada, then you consent to personal
jurisdiction, and agree to bring all actions, exclusively in courts located in
Toronto, Ontario. If you have a dispute regarding the Site but not regarding an
event (and not regarding a ticket for an event), then you consent to personal
jurisdiction, and agree to bring all actions, exclusively in courts located in
Toronto, Ontario, Canada.
c)
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.
d)
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, of 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.
This Site and software derived from this
Site may be subject to Canadian and United States export controls. No software
from this Site may be downloaded or otherwise exported or re-exported: (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other Country to which the U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders; or on the Canadian Area
Control List or otherwise contrary to the Export and Import Permits Act
(Canada). By downloading or using the Site or any software derived there from,
you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
Some jurisdictions do not allow the
exclusion of certain warranties, representations and conditions or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the exclusions and limitations contained herein may not
apply to you.
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 or Services. We reserve all rights
not expressly granted to you.
The parties have agreed that this Agreement
and all documents relating thereto be written in the English language. Les
parties ont demandé que cette convention ainsi que tous les documents que s'y
rattachent soient rédigés en anglais.
NO OPINION, ADVICE OR STATEMENT OF NEIGHBUR
WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. NEIGHBUR DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY
HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEIGHBUR
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE
AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Statements in any news release of NEIGHBUR
contained on the Site or communicated orally or in writing that concern us or
our management and that are not historical facts are "Forward-Looking
Statements." Forward-Looking Statements include, without limitation,
statements that:
(a) include the words "believes,"
"expects," "anticipates," "estimates" or words of
similar importance or meaning with reference to us or our management;
(b) are specifically identified as
forward-looking;
(c) describe any of our plans, objectives
or goals for future operations and products; or
(d) concern the characteristics and growth
of our markets or customers or our expected liquidity and capital resources.
Forward-Looking Statements are only
predictions involving important factors and risks that may cause actual results
to differ materially from those discussed in any Forward-Looking Statement.
Those important factors and risks include, without limitation, economic,
competitive, governmental and technological factors affecting our operations,
markets, products, services and prices. Important factors and risks are
described in the current NEIGHBUR annual report and may be detailed from time
to time in additional reports and other filings of NEIGHBUR filed with the
S.E.C or other regulatory bodies. Copies of the most recent public reports and
other filings of NEIGHBUR may be obtained at no charge from NEIGHBUR provided
they are for public viewing and are not otherwise private or confidential. NEIGHBUR
expressly disclaims any obligation or responsibility to update or revise or
supplement any Forward-Looking Statement in any news release or generally to
any extent.
a)
BY CONTINUING
TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND USER
AGREEMENT.
Notice for California Users
Under
California Civil Code Section 1789.3, California Site users are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834,
or by telephone at (916) 445-1254 or (800) 952-5210.