Ourcheapcity.com (“Our Cheap City”) is owned and operated by Howler Media LLC. Your use of Our Cheap City constitutes your binding acceptance of these Terms and Conditions and any subsequent modifications thereof. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice.
Registration
You must be 13 years of age or older to use Our Cheap City. By registering as a member of Our Cheap City, you represent and warrant that you are 13 years of age or older and that you have the capacity to understand, agree to, and comply with these Terms and Conditions.
You will create only one account and only for yourself, providing truthful information about yourself in the process. Automated account creation, participation, and content scraping are not permitted. We may refuse to grant membership, or edit or delete an existing member account, if user information provided is false, vulgar, offensive, protected by copyright or trademark laws, or otherwise inappropriate, as determined by us in our sole discretion.
Member Use and Appropriate Content
You agree to use Our Cheap City only for its intended lawful purpose, in accordance with all applicable laws, and to refrain from interfering with the use and enjoyment of Our Cheap City by other members.
You agree NOT to post, upload, transmit, disseminate, or promote the following types of content:
- Advertisements, offers, solicitations, and promotions, including, but not limited to, spam, junk mail, chain letters, pyramid schemes, posts made for the promotion of a website, product or service or otherwise, posts that send people to any commercial or non-commercial website that you are in some way affiliated with, or posts that lead to you earning cash, banner impressions, credits, points or any other benefit;
- Vulgar, racist, defamatory, harassing, sexually-explicit, or other content that is inappropriate, obscene or violates any rights of others;
- Content relating to illegal or illicit activities, transactions, or websites, including content meant to exploit children or minors, content related to warez or cracks, and information that has been obtained illegally;
- Content that infringes any patent, trademark, copyright or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
- Content transmitting viruses, corrupted files, Trojan horses, worms, computer code, files, programs or any other similar material designed to interrupt, destroy or limit the functionality of any computer software or hardware or other communications equipment;
- Cross-posts (posting the same information in two or more locations), consecutive replies within a short period of time, or other attempts to increase artificially your post count or user rating; or
- Any other content that is unlawful, inappropriate, or could damage, disable, overburden, or impair Our Cheap City.
You agree not to:
- Attempt to gain unauthorized access to Our Cheap City, other accounts, computer systems or networks connected to Our Cheap City, by any means;
- Modify, adapt, translate, or reverse engineer any portion of Our Cheap City, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Our Cheap City;
- Reformat or frame any portion of the web pages that are part of Our Cheap City; or
- Harvest or collect e-mail addresses or other contact information of members, including usernames, from Our Cheap City by electronic or other means.
Our Cheap City and Howler Media LLC reserve the right to deactivate, edit, alter, or delete any content, posts, accounts or account information at any time at our sole discretion without warning. Our Cheap City and Howler Media LLC reserve the right to change, suspend, or discontinue all or any part of Our Cheap City or the services it provides. Creating threads or posts that question or reference administrative decisions or potential administrative decisions, such as post or thread removals, account deactivation or cancellation, or changes in the services provided by Our Cheap City is not permitted.
Proprietary Rights
You grant Our Cheap City, Howler Media LLC, and their affiliates and partners a perpetual, worldwide, royalty-free, sub-licensable, nonexclusive, and irrevocable license to display, use, store, transmit, transfer, distribute, and reproduce your content for any purpose and by any means on Our Cheap City or other sites owned by Howler Media LLC or its affiliates or partners. If you leave our community, we may choose not to delete your account, posts, or other content posted by you on our community within our discretion.
You agree that all of the content on Our Cheap City is protected by the copyrights or trademarks of Howler Media LLC. You are prohibited from distributing, reproducing, creating derivative works of, storing, displaying, modifying, or in any other way exploiting any of the content on Our Cheap City, outside of the specific usage rights granted to you to use Our Cheap City, without the express written consent of Howler Media LLC.
Limitation of Liability
You are solely responsible for all acts or omissions under your account or password on Our Cheap City and agree to secure access to your password and account.
Without limitation, we are not responsible for the content posted by users on Our Cheap City and your use of Our Cheap City is at your own risk. Under no circumstances does Our Cheap City have any obligation to monitor or verify any content, nor to monitor any member’s use of Our Cheap City. Under no circumstances will Howler Media LLC or its owners, members, officers, directors, employees, agents, or affiliates be liable to you for any damage, loss, harm, error or omission of any sort, whether based in contract, tort, strict liability or otherwise, arising out of, or in connection with, the use of, or the inability to use (including interruption or suspension of service), Our Cheap City.
You understand and agree that by using Our Cheap City you may be exposed to content that you find offensive and objectionable. If you believe that someone has violated our Terms and Conditions or you have spotted content that may otherwise require attention, you may report that post or content by clicking the Report tab.
Howler Media LLC represents that Our Cheap City and all content, information, products and services included therein are provided “as is,” “with all faults,” “as available,” with no warranties whatsoever. Howler Media LLC expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties. You agree that your use of Our Cheap City is at your own risk.
Copyright Provisions
If you believe that any content on Our Cheap City violates your copyright, you can report such violation to Howler Media LLC. You should provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should provide the information above in a written communication to the Howler Media LLC agent listed below, who is registered as our designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c).
Parthapratim Chanda
Howler Media LLC
315 Bleecker Street
Suite 370
New York, New York 10014
Tel: 646-845-9690
Fax: 925-579-6421
E-mail: pchanda@ourcheapcity.com
If you believe content you posted on Our Cheap City does not infringe the copyright of any third party and has been removed in error, you may file a counter-notice by sending a written communication to our agent listed above, which should include the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) or an agent of such person.
Please refer to 17 U.S.C. § 512(c), and any other relevant rules or regulations, for the most recent requirements for notice and counter-notice, as those requirements may have changed since the publication of these Terms and Conditions. In appropriate circumstances, accounts of repeat copyright infringers will be terminated.
Indemnification, Defense and Hold Harmless
You agree to indemnify, defend and hold Howler Media LLC and its owners, members, officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) to third parties incurred by Howler Media LLC through your use of, or conduct on, Our Cheap City, or as a result of content you submit or transmit through Our Cheap City. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of your use of, or conduct on, Our Cheap City, or as a result of content you submit or transmit through Our Cheap City.
Last updated: August 27, 2009